In the final meeting before a new mayor and new city council member take office, the Boulder City Council meeting on December 18 was perhaps more memorable for what did not happen than what did happen.
The council voted unanimously to approve a task order with Morrison-Maierle engineering for services on a capital improvements plan pending approval of funding through the Community Development Block Grant program; to hire Land Solutions of Charlo and Butte to consult on the downtown master plan; to refer delinquent ambulance fees to the state Department of Revenue for collection; and to approve a list of monthly reports and payments.
What the council did not do included revising an agreement with the city attorney, acting on a contract with the state for the Boulder Development Fund, and appointing citizens to a police commission.
Two of those three items will come up again when the new council is formed, but not revision of the agreement with the city attorney. That item was removed from the agenda by Mayor Gary Craft, who said later there was no support from the council.
The item had been placed on the agenda after the council took no action at the November meeting on a recommendation to increase the contract amount with City Attorney Steve Shapiro from $5000 per month to $6500.
Even though the item was removed from the agenda, its existence prompted a letter accusing the city of “functioning under a cloak rather than being transparent to the citizens of Boulder, who elected them to office.”
Lori Smith, who ran third in the recent election for mayor, claimed, “Last month the citizens of Boulder voted NO to a pay increase for the city attorney, and the city council voted NO also.”
Mayor Craft noted that neither of those things were factual. In fact, the citizens never took a vote on the city attorney pay and the city council took no vote on the matter.
Smith’s letter also took issue with the agenda item to nominate and appoint members for a police commission, calling it a “ridiculous notion.”
She wrote, “Boulder no more needs a police commissioner than they need our current administration to put forth last-ditch efforts to save their ‘friends’ backside from unemployment prior to Jan 1.”
She continued, “This maneuver by the mayor and council reeks of cover-up and the very idea of even bringing it ot the table for discussion is nothing short of laughable at the expense of the council and mayor.”
Smith concluded, “Bow out graciously why don’t you. Allow the newly elected officials the opportunity to do the will of the citizens.” Craft and Shapiro said the city is required to have a police commission.
Montana Code Annotated 7-32-4151 says any city or town with three police officers or more must have such a commission.
Since the city now has three fulltime officers, a police commission must be formed, they said.
None of the council members spoke against forming the commission, but they did speakout against what they said was a lack of notice to the public about the vacancies. Although Craft recommended three citizens for the commission, saying he went off a list of applicants from eight years ago, council members said the public had not been given an adequate opportunity to apply.
“I think we should have more public review. Nobody knew about it,” said council member Sherry Lepley.
Fellow council member Gary Richardson advocated delaying and advertising for applicants. Council member Shane Maichel agreed. “There might be other people that want to be on it,” he said.
Shapiro said the city previously had a police commission but it was rarely used so there was little interest. The commission examines police officer applications and is called upon in cases of discipline, he said. State law says the commission has a role in hearing and deciding appeals brought by police officers.
“Whenever you get to it is fine,” said Shapiro, “but now that you have three officers, you must get to it.”
The council voted unanimously to table the matter and advertise for applicants. Interested parties will be asked to submit letters of interest, said Craft.
The other matter not carried out was finalizing a contract with the state for the expenditure of the $500,000 Boulder Development Fund. The contract was not ready yet, Craft said, but added he had been assured the city will be receiving the funds and the contract should be ready shortly.
The council also heard about three letters other than Smith’s. Jeanie Thiel submitted a letter criticizing incoming mayor Rusty Giulio for his comments in November on the city attorney pay issue. That letter was previously published in the Monitor.
Another letter praised the city ambulance crew. The writer of that letter was not announced. The third letter was a commendation from the Montana Law Enforcement Academy for Boulder Police Chief Juan Trujillo. “Please let this letter serve as a means of expressing strong commendation for your exceptional service to the Montana Law Enforcement Academy and the many student officers attending the Law Enforcement Officer Basic Course,” wrote administrator Glen Stinar.
Stinar added, “On behalf of the Montana Law Enforcement Academy let me convey my deepest gratitude to you for your dedicated service in instructing the Firearms Course.”
The fourth letter was from the city to Lori Smith, noting that she had been correctly billed for her water service and was not being billed on an incorrect line size as she claimed in November’s council meeting.
