2. Hear the PublicAgenda -January 4, 1998
AGENDA ITEM 2 - HEAR THE PUBLIC
January 4,1999
Mayor and City Council:
I am Ann Stafford, Arizona Street, Kalispell. I am going
to read this so I am assured that what I am saying Is
hat the people that have asked me to spearhead is
move is exactly what we have discussed. We wish to
return the City Manager form of government back to the
people of this great city as the Mayoral government was
voted out. The City Manager form of government Is
ken away from us with this Mayor and a majority of the
council that are out of touch with the common people -
that are paying their wages to uphold the law.
I will preface what we have to say by telling you we
have been in contact with Torn Esch, County Attorney,
Flathead County, the Commissioner on Ethical Practices
in Helena, Attorney William Astle of Kalispell and the
State of Montana Attorney General's office in Helena.
We are people that will stand up for the public trust.
We are in the opinion that 2-2-121-F, 2-2-125-2 and 3 of
the Montana Code Annotation Volume 1, 2-2-103 1 and
252-2-:105-3 of the Government Structure and
Administration Standards of Conduct. From the
Montana State Attorney Generals office: Volume 47,
Opinion 19 No.2. Also Klick v. Wittmer,50,Montana 22,
144 P.648 (1914); 46 p Atty. Gen. #26 (1996) citing 43
Op Atty. Gen. 47 at 165 (1989) which cites Acevedo v.
City of North Pole, 672 P. 2d 130,134 (Alaska 1983); 46
Op. Atty. Gen.-- Thomas v. Dremmel,868.P. 2d,263,264
(Wyoming 1994) quoting Haskins v. State ex rel
Harrington, 516, P. 2d91171 (Wyo 1973); 46 Op Atty.
Gen. #26, Township of
Page 2
Belleville v, Fornotto, 549A, 2d, 1267 (N.J. 1988) Clearly
inimical to the public interest and thus prohibited by the
doctrine of incompatible offices.
We believe the rules of conduct are being abused by
alloying Gary Nystul to even run for City Manager
According to the ruling this is wrong as he participated
in the firing of Clarence Krepps. We believe the Mayor
oversteps his bounds as Mayor under a City Manager
form of government The Mayors duties are very explicit
in 2-2-125- 2 and 3 Of the ordinance governing
administrations, a thru e. Then states the Mayor shall
have no other executive or administrative duties, those
being the responsibility of the City Manager.
2-2-12-3 Nystul was on the council which voted to fire
Clarence Krepps, therefore he can not file for that job.
Also a public officer may NOT within 12 months
following his voluntary termination of office, obtain
employment in which the officer will take direct
advantage, UNAVAILABLE TO OTHERS, of which the
officer was actively involved during a term of office.
The Montana Supreme Court recognizes that two
offices are incompatible when one has the power of
removal over the other, when one is in any way
subordinate to the other, when one has the power of
supervision over the other, or when the nature and
dtities of the two offices are such to render it improper
from consideration of public policy, for one person to
retain both. Offices and positions of public trust do not
accumulate in a single person. This is definitely a
problem we have with Mr. Neier, City Attorney holding
this position and interim City Manager at the same time
being paid by the taxpayers.
Page 3
Our suggestion as the Kalispell public that I am
speaking for is : 1. Go through the applications you
received that had qualifications that Mr. Nystul does not
Ih ave. when you ask for qualifications you may not go
below that or may be sued, as we- understand. 2.
Readvertise but do not lower your standards so Mr. .
Nystul would qualify. 3. Dire a firm to find a City
Manager for our great city that will have new ideas that
will bring us forward instead of hindering progress and
that will not be a yes man.
What did it cost to bring in the three applicants that
were here and for the _reception? The day Mr. Nystal -
threw in his hat everyone felt it was a done deal but we
are not going to let this happen to our- fine city.
Evidently the three applicants were not checked out
p -operly as a phone call to one city produced the
it formation that he is charged with a felony and he was
fi -ed last February so money doesn't seem to matter to
g it what you want, not what the people want.
The morale of the city is the lowest in years. When Mr.
Graves stated "we know what Gary is and we don't
need any new ideas here" He is wrong. I'll agree we
know- how Gary is but we do need new ideas That
rr mark turned a lot of people off to the trust of this
c, )uncil.
V e will pursue these issues in either civil or criminal
c -urt, if necessary as we have been informed this could
h ippen. Not the city which we dearly love, but the Mayor
and a majority of the council which are not in touch with
tt,e people. Some who are afraid to say how they feel as
trey are involved or are afraid they will lose their jobs.
P age 4
A ;o we feel the City Councils wishes are put ahead of
w iat the constituents really want. There are things that
wz deem immoral, unethical or illegal that we are
pursuing. These alleged issues are also being referred
to RICO for possible suit.
we ' feel there seems to be a conspiracy among the
M-3yor and a majority of the Council members to subvert
the will of the electorate and want to return to ' a
mayor/council form of government. In effect the City
Manager would just be a mouthpiece for the Mayor.
We suggest we get a City Manager to run our city but
first you best get your ducks in order as no one in their
rirlht mind would be able to work for this divided
cc .uncil. Maybe when November comes we -can put
s{ rite people in that will not vote for something they do
of it agree with and will be for the citizens.
we wish to be put on the agenda for January 18,1999
City Council meeting regarding the public to have an
Ethics Review Board, in accordance with 2-2-144. we
wish to submit names that have nothing to do with the
c{ uncil or Mayor and who will be neutral in their
dE visions. Also by then to have these issues cleared up.
V4 - want you to hear private citizens, not politicians.
T ink you all and a Char.. rou o the concerned people
c his city for requestincthem.