Butte–Silver Bow study commission opts for three-part fire-services ballot structure amid legal uncertainty

The Butte–Silver Bow Study Commission voted May 18 to pursue a three-part ballot structure on fire-service governance, subject to approval by the Montana Secretary of State, after extended debate about taxation, charter language and the future of volunteer departments.

The question the commission approved would present voters with three options: status quo, Option 1 (volunteers removed from the charter) and Option 2 (volunteers placed under the authority of Butte–Silver Bow fire services). Commissioner Chad Silk moved the motion, seconded by Commissioner Ben Thielen; the motion passed 8–1 with Commissioner Mary McCormick dissenting.

Why it matters: commissioners and staff warned that removing volunteer departments from the charter could change whether those departments can levy special taxes. County Attorney Enrooth told the commission that "Montana law allows rural fire districts to levy special taxes" but also cautioned that "significant legal uncertainty exists regarding whether volunteer districts can levy taxes within an incorporated municipality like Butte–Silver Bow." That uncertainty affects whether volunteer departments would need to reestablish taxing authority and whether any replacement tax would be sufficient to support volunteer operations.

Commissioners pressed several implementation questions. Commissioner Lori Casey asked whether volunteer districts would have to create new taxing districts and whether small volunteer districts could generate sufficient revenue. Enrooth said the attorney general's opinion gives trustees power to consolidate, but he had not yet received clarifying guidance from the Secretary of State or the MSU Local Government Center.

Public correspondence submitted to the commission underscored the stakes. Anthony Roth, who identified himself as Trustee Chair of the Terra Verde Volunteer Fire Department, sent written concerns alleging long-standing maintenance problems at volunteer halls and raising vehicle safety worries, saying the steer axle tires on Terra Verde apparatuses appeared decades old. Jim Fisher submitted a proposal for a third option that would keep the charter intact while separating the duties of the professional Fire Chief and an independently appointed Director of Fire Services; Fisher suggested the council appoint that director to help bridge conflicts without changing tax formulas.

Because state election officials must approve complex ballot formats, commissioners also voted contingency motions. They approved a contingency plan (motion by Commissioner Lori Casey, seconded by Ben Thielen) directing the commission to adopt a fallback if the Secretary of State disallows a three-part question. Several fallback proposals were considered: a motion not to put any fire-related question on the ballot failed; a motion to place Option 1 on the ballot if the three-part question was disallowed failed; a motion to place Option 2 on the ballot in that circumstance passed.

Votes at a glance: - Motion to pursue a three-part ballot structure: moved by Commissioner Chad Silk; seconded by Ben Thielen; Ayes: Shaw, Silk, Dennehy, Stepan, Thielen, Perdue-Dolan, Casey, Brandl; Nays: McCormick. Outcome: passed. - If three-part question disallowed, adopt contingency plan: moved by Casey; seconded by Thielen; Ayes: Casey, Thielen, Stepan, Dennehy, Silk, Shaw, Brandl; Nays: McCormick, Perdue-Dolan. Outcome: passed. - If three-part question disallowed, do not put a fire-related question on the ballot: moved by McCormick; seconded by Perdue-Dolan; Ayes: McCormick, Shaw, Perdue-Dolan; Nays: Silk, Dennehy, Stepan, Thielen, Casey, Brandl. Outcome: failed. - If three-part question disallowed, put Option 1 on the ballot: moved by Stepan; seconded by Thielen; Ayes: Shaw, McCormick; Nays: Casey, Perdue-Dolan, Stepan, Dennehy, Silk, Brandl, Thielen. Outcome: failed. - If three-part question disallowed, put Option 2 on the ballot: moved by Stepan; seconded by Dennehy; Ayes: Silk, Dennehy, Stepan, Thielen, Casey, Brandl; Nays: McCormick, Shaw, Perdue-Dolan. Outcome: passed.

Commissioners repeatedly emphasized the need for clear voter education and a definitive legal opinion before finalizing ballot language. Commissioner Mary McCormick said she was uncomfortable placing proposals with unresolved legal questions before voters; other commissioners said they wanted a clear choice to remove long-standing charter ambiguity. County staff and the county attorney noted they were awaiting guidance from the Secretary of State and the MSU Local Government Center.

The commission set its next meeting for June 1, 2026; the May 18 session adjourned at 7:15 p.m.