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Residents press commission for transparency, outside review after closed-session personnel matter; attorneys'opinions on chair authority read into record
Summary
Public commenters urged the Livingston City Commission to seek an outside investigation into a personnel complaint and raised concerns about chair authority and limits on public comment; speakers cited Montana statutes and court cases and the city manager and chair responded with the city's legal interpretations and next steps.
A robust public-comment period on June 16 focused on the commission's handling of a recent personnel matter involving the city manager and the fire department and the limits of the chair's authority during a closed or partially closed hearing. Multiple speakers urged an independent outside investigation and read statutory and case-law guidance into the record.
Resident Britney Chabalowski, who identified herself as the fire chief's wife, said the commission's rules should allow speakers to complete remarks and read aloud portions of the city's handbook and Montana law. She quoted Montana law on the record: "Except for the purpose of inquiry or investigation under this title, the commission or its members shall deal with local government employees solely through the manager, and neither the commission nor its members may give orders to the employee either publicly or privately," and urged the commission to welcome scrutiny rather than suppress it.
Several public commenters pressed commissioners for an outside investigator after a May incident; one said the city's public discussion had not reviewed full video evidence and argued an independent review was warranted. The city attorney's written opinion and previous court decisions were summarized aloud during the meeting; the opinion cited Montana cases (including a 2016 county case) and described a two-part test for balancing the public's right to know against individual privacy interests.
How officials responded: Chair Nudes and Vice Chair Will outlined the commission's procedures and the limited authority of individual commissioners; Mr. Ger explained that sections of the prior meeting were closed because witnesses and a complainant had not waived privacy rights, while the city manager had. Mr. Ger also said the complaint process in the city handbook (adopted in 2017) does not currently obligate an outside investigator but that commissioners could revisit the handbook and complaint procedures.
Why it matters: The exchange touched on civic oversight, statutory privacy protections and how public bodies balance investigatory confidentiality with transparency. Commissioners acknowledged the public's concern and said the matter would be part of future commission discussion.
Key quote: Britney Chabalowski read a provision of the Montana code into the record and urged, "Asking questions is called oversight. Telling departments how to run operations is management, and those are not the same thing."
