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Commissioners rescind earlier port-authority resolution and reorganize Lincoln County Port Authority board amid public concern

Lincoln County Board of County Commissioners · July 9, 2025
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Summary

On June 9 commissioners adopted Resolution 2025-25 to rescind Resolution 999 and reorganize the Lincoln County Port Authority board to up to seven members (one sitting commissioner). The public hearing drew sustained comment on accountability, retroactive effect, and appointment vs. election.

The Lincoln County Board of County Commissioners adopted Resolution 2025-25 on June 9, rescinding Resolution 999 and reorganizing the Lincoln County Port Authority (LCPA) board to be comprised of up to seven members, one of whom must be a sitting county commissioner.

The resolution recites prior resolutions and state code 7-14-1101 as authority for organizing a port authority board and specifies that port commissioners shall be appointed by the county commissioners for five-year terms. The resolution listed current or appointed members and term expirations, including Jerry Bennett (term expires 12/31/2027), Kevin Peek (term expires 12/31/2025), Tony Patrusia (term expires 12/31/2029), Chris Bachi (term expires 12/31/2029), and Commissioner Brent Tesy as the sitting Lincoln County commissioner on the LCPA board.

The board opened a public hearing. Dan Porus questioned why the rules were changing now and argued that port-authority land was given to Lincoln County, not Libby. Martin Dunar and multiple speakers said changing the rules raises accountability concerns. Ann German, identifying herself as an attorney, questioned a provision in the resolution stating "this resolution shall prevail if it's in conflict with prior resolutions," saying it could have retroactive effect and urged the commissioners to consult counsel before voting. The board acknowledged the comment and said legal counsel would be consulted.

Jerry Bennett, a former town commissioner, supported the reorganization and said the earlier larger boards had produced less progress, arguing a smaller appointed board would be more effective. An online attorney, Seth, spoke with the board and clarified the resolution "in essence" rescinds resolution 999 and sets the composition of the port authority board; he said county commissioners have statutory authority to appoint board members under Montana law.

After discussion the board moved, seconded and voted in favor of Resolution 2025-25. At least one member recorded an opposed vote in the voice tally, but the motion passed.

Speakers in the hearing urged either election of port commissioners or clearer accountability measures; staff and county counsel cited statutory appointment authority as the legal basis for the resolution. The board directed that the resolution be entered into the minutes and signed by the chair.

The resolution takes effect immediately upon adoption per the language read at the meeting.