By Josh Margolis
HAVRE, Mont. (NMB) – Members of the Hill County Commission held a public meeting Tuesday afternoon alongside County Attorney Lacey Lincoln to discuss a searing letter they were sent regarding grazing allotments.
The letter, written by Counsel Nate McConnell on behalf of Debbie and Ray Kallenberger, urges for the creation of a three-member panel to review the denial of a request for a grazing allotment in Beaver Creek Park.
“Serious breaches of public trust may have occurred in which public servants put their own interests ahead of the public they serve. The Kallenbergers seek a public investigation of these matters and will utilize the power of Montana law to correct any breaches of public duty by the Beaver Creek Park Board and the Beaver Creek Grazing Committee, ” the letter, which also accuses the County of breaching the Montana Constitution, states.
The Kallenbergers have alleged that members of the Park Board and the Grazing Committee violated their code of ethics when they voted to deny their request, as they say conflicts of interest were not disclosed. They also allege that meetings were held to discuss the decision without prior notice being given.
“I don’t believe that we’ve ever had a Grazing Committee meeting that we did not actually disclose, as well as Park Board meetings always are posted,” said McLean, who later accused the Kallenbergers of requesting a private meeting.
“They are throwing these stones at us about public meetings, but in fact, they asked for a private meeting with us, which we basically don’t get to have. And they were mad about that, because (they) just wanted it to be just (them). But all these other people showed up. I mean, I’ve got the emails,” said McLean.
The issue was prevalent at Park Board meetings earlier this year, even leading to the resignation of a Park Board member.
The panel would be appointed by the Commission, but cannot include officers or employees of local government. Procedures and rules for the panel would also be established, and it is unclear if it would be created just to discuss this one issue, or if it could be broader.
No civil complaint regarding the matter has been filed, allowing the meeting to be held publicly.
“It’s just in the early stages. It’s just a discussion about making sure we respond,” said Lincoln.
The letter states that “Failure to take action will result in the filing of a district court action.”
McConnell spoke briefly to New Media Broadcasters by phone following the meeting. He stated that this situation is “in the county’s hands” currently, and their next move will depend on how they respond.
The letter, dated July 1st and sent via email, requests a response back from the Commission by July 29th. Lincoln asked for that date to be delayed to allow for the Park Board to discuss this at their August 1st meeting, but that was rebuffed.
“I just wanted to make sure that the Commissioners have the opportunity to ask any questions about whether or not you want to form the Committee, (or) if you don’t want to do that,” said Lincoln at the start of the conversation, further arguing that state statute does not require, but does allow for, a three-member panel to review complaints.
“I wouldn’t be against the idea of trying to have a three-member panel to take a look at this. Because in effect, that all of us (Commissioners) sit on the Park Board and are involved in these decisions. And myself, on the Grazing Committee, (it would) probably be more objective to have an outside look,” said McLean.
The Commission plans to discuss this issue at their business meeting on the morning of July 28th, as all three Commissioners are expected to be present.
“My response to them might say we would possibly look at reconsidering the allotments, we are strongly considering asking a three-member panel to look at the situation? Maybe that much of a response. That way, I’m not (saying) this is for sure what we’re going to do…in the initial stages of this,” said McLean to Lincoln.
Lincoln says she will be looking into the statutes mentioned in the letter so that she will be able to provide the Commission with their options before that meeting, and potentially have a draft response written up.
“You guys don’t need to make a decision right now. You can’t make a decision right now. This is just (to) make sure it gets added (to the July 28th Agenda), so you guys can discuss what response you want to give,” said Lincoln.
McLean was at the entire meeting, while Commissioner Jake Strissel showed up partway through. Vice-Chair Mark Peterson was not present.
McLean said the Kallenbergers requested allotment has since been dispersed to others, so they may have to be taken back if, ultimately, the Kallenbergers end up receiving the allotment.
The allotment in question was Clint Solomon’s, a nephew of the Kallenbergers. Per Solomon’s request, the Grazing Committee recommended that half of the allotment go to his sister Darcy Reum and her husband Travis, and the other half back to the Park to distribute as needed. The Park Board voted in August 2021 to approve the Grazing Committee’s request.
Confusion About Meeting Topic
The meeting began with confusion from the members of the public regarding what the topic of discussion was.
The Commission’s weekly calendar simply stated that at 2 PM, there would be a “Beaver Creek Park discussion.”
Park Board member Lou Hagener thought it would be a discussion about the situation regarding Beaver Creek Lodge and a potential mill levy.
“Not knowing that this was about the livestock grazing components and allotments, I have a lot of information about that, and a lot of considerations to take into account. While I can talk about some of it here, to go into details today, I could’ve come a lot more prepared,” said Hagener.
Lowell Alcock and Rose Cloninger thought the meeting would be about concerns of cabin owners in Beaver Creek Park.
“I would appreciate, as far as the meetings and announcements, that it’s more defined so people know what is going on,” said Alcock.
“I wasn’t here when the agenda for this went out last week,” replied Commission Chair Diane McLean, the only Commissioner in attendance at the start of the meeting. “But we can certainly try to do that.”
“Try to do more than try. There (seems to be an) excuse every time,” replied Cloninger.
“We will work on (clarifying the schedule),” Lincoln said following a brief discussion. “I’m sorry you guys had to cancel things.”
Alcock and Cloninger then walked out of the meeting, saying that they had to move their schedules around to ensure they were at the meeting.
“There’s stuff where (the Commission) had meetings and stuff, public meetings, and they voted on things that weren’t on agendas and stuff. So they are kind of hanging their butts out a little bit. I’m not really pleased. Thank you,” said Alcock before departing.
