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Board authorizes district counsel to file appeal in "Nance" matter after executive session
Summary
Following an executive session on pending litigation, the district board voted to authorize its legal counsel to file an appeal in the "Nance" matter; the motion carried with nine yes votes, one no and one abstention. The board also approved meeting minutes and scheduled upcoming meetings.
The board chair convened the meeting, opened the pledge and briefly handled routine business before announcing an executive session to discuss pending litigation under the statute cited aloud as "section 2-3-203 MCA." After returning to open session, Trustee Jack Fallon moved that the board "approve the district's legal counsel to file and pursue an appeal in the Nance matter consistent with the direction provided by the board in executive session." Trustee Tom Hollow seconded the motion.
"Because this is, an executive session matter, there'll be no discussion, and we'll proceed to a roll call vote," the chair said before calling the roll. The vote tally recorded at the meeting was: Tom Hollow — yes; Heidi Hickapier — yes; Brian Putnam — yes; Jennifer Severe — no; Linda (Katz/Capps) — yes; Rebecca Linden — yes; Rich Terrett — yes; Ursula Wild — abstain; Jennifer Merriman — yes; Jack Fallon — yes; Carrie Eklund — yes. The chair announced that the motion passed.
The vote authorizes the district's outside or in-house legal counsel to file an appeal in the "Nance" matter consistent with directions the trustees provided during the closed executive session. The board did not discuss the substance of the litigation in public; the motion and vote occurred immediately after the executive session and the chair explicitly limited public discussion at that time.
Earlier in the meeting the board approved the minutes from its prior meeting by motion and voice vote. After the executive-session vote, trustees moved and approved the minutes of the executive session as presented.
The chair also announced the next regular board meeting will be Tuesday, July 28 at the library (in person) and that a finance committee meeting is scheduled for Thursday, August 6. The meeting adjourned following a motion by Trustee Tom Hollow and a second by Heidi Hickapier.
No public comments were offered during the public-comment portion of the meeting. The chair and staff handled Zoom procedural items at the start and again when returning from executive session.
