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Commission authorizes $468,991.16 in claims after debate over fire‑fund legal fees
Summary
County commissioners approved payment of claims totaling $468,991.16, including three large items totaling about $207,466; a commissioner objected to one claim for legal fees (claim 145939) and asked the county attorney to research whether it should be charged to the fire fund or general administration fund.
Anaconda — The Anaconda Deer Lodge County Commission voted Oct. 1 to authorize payment of claims 145879 through 145970 totaling $468,991.16, despite at least one commissioner questioning the accounting treatment of a legal-fee claim.
Staff noted three large claims accounted for roughly 45% of the payout: approximately $150,000 to Hydro Tech for courthouse stone and masonry repairs, about $39,000 to Trihydro Corporation for street reconstruction work and roughly $18,466 to Robert Petche and Associates for improvements at Bowman airfield — a combined total of about $207,466.
A commissioner objected to claim number 145939, a $1,235 payment to the law firm identified in the record as Boone Carleburg for work on fire labor negotiations, arguing the payment should not be charged to the fire fund but to the county administration fund. "I do not approve of claim number 145939 ... I believe under Montana law it should be assessed to the city county administration fund number 111," the commissioner said, adding that only expenditures specified in a levy can be paid from a special‑revenue fund.
County CFO Sholley and staff responded that charging legal fees to the specific special‑revenue fire fund is common practice in Montana. Sholley said auditors and counsel had supported the county’s approach and cited examples from neighboring Butte‑Silver Bow and the county’s auditors (Newland and Company). "They do this all the time throughout the country ... It’s common for governmental entities to assess legal expenses to the fund that incurred it," Sholley said.
The commission asked the county attorney to research the original levy language and issue a written opinion on whether the contested payment was appropriately charged to the fire fund. The motion to authorize payment of claims passed 3–1, with Commissioner Bodette recorded in opposition.
Separately in the meeting the commission directed staff to proceed with routine agenda items including approving a contract-name update for Trihydro Corporation, several special-event permits and an underground joint‑use easement with Northwestern Energy.
Next steps: County attorney will be asked to prepare an opinion on fund assignment for claim 145939 and staff will proceed with approved contracts and permits.
