12 minute read
Lawsuit
from 06-13-22 issue
Lawsuit filed by Lake County against the state
By Taylor Davison Valley Journal
LAKE COUNTY — This week a lawsuit was officially filed against the State of Montana by attorney Lance Jasper with the law firm Reep, Bell, and Jasper on behalf of Lake County for unfulfilled obligations of Public Law 280.
Public Law 280 was passed by legislation in 1963, whereby the State of Montana agreed to “assume criminal jurisdiction over Indians and Indian territory of the Flathead Indian Reservation.”
Since the passing of PL 280, according to the lawsuit, the state has repeatedly acknowledged the existence of their obligation, such as in 1994 when the Confederated Salish and Kootenai Tribes agreed to assume jurisdiction over misdemeanor crimes by tribal members within the Flathead Reservation. During this proclamation, the Governor of Montana, Marc Racicot at the time, recognized “the State of Montana obligated itself to assume criminal jurisdiction over Indians on the Flathead Reservation ... ”
According to the lawsuit, Lake County is the most affected county in Montana by public law 280 jurisdiction, because most of the reservation and the CSKT population resides within it. Sources state Lake County was also not part of the talks that led to this agreement.
Although the state agreed to assume criminal law jurisdiction over CSKT tribal members, it has failed to satisfy its obligation, instead leaving it to local government in Lake County. “Because the State itself lacks the infrastructure and has not supplied adequate funding, Lake County and its taxpayers were forced to incur costs,” the lawsuit reads. Since the CSKT assumed misdemeanor jurisdiction in 1994, they have also shouldered a considerable portion of the financial burden.
Since 1963, the cost of services related to criminal jurisdiction has risen exponentially. Initially the cost was $30,000 to $40,000 including misdemeanors, but has now grown to over $4.3 million per year for the exercise of felony jurisdiction alone. The lawsuit contends these costs include prosecution, detention and prevention of crime, enforcement of criminal and traffic codes, youth placement and detention, costs of care for detainees, operation and maintenance of detention facilities, personnel, and transportation of inmates.
“As a county, we’re well aware that the cost of PL 280 has escalated dramatically over the past 10 years, so we began this quest to find some other entities that would help with the cost of it, and that has been unsuccessful,” District Two Commissioner Steve Stanley said.
In 2021, Montana’s legislature passed House Bill 656, introduced by representative Joe Read, described as “an act requiring county reimbursement for assumption of criminal jurisdiction within the Flathead Indian Reservation.” As passed, the bill stated, “Unless the Confederated Salish and Kootenai Tribes or Lake County withdraws consent to enforcement … the state shall reimburse Lake County for assuming criminal jurisdiction under this section annually to the extent funds are appropriated by the Legislature. The annual amount of reimbursement must be adjusted each year based on the consumer price index.”
In 2017, representative Greg Hertz, in conjunction with the State, prepared a fiscal analysis for proposed House Bill 450 that estimated the cost to reimburse Lake County would have been $4.011 million in fiscal year 2018, rising to $4.383 million by 2021. The draft of House Bill 656 included a section providing an appropriation of “$2,191,621 from the general fund to the Department of Justice in each year of the biennium beginning July 1, 2021, to reimburse Lake County for assuming criminal jurisdiction within the Flathead Reservation.”
The lawsuit explains that while the language of the draft remained the same in the passed bill, the dollar amount was reduced from $2,191,621 to $1.
While House Bill 656 purports to allow Lake County to withdraw its consent to enforce criminal jurisdiction over CSKT, the lawsuit points out that the State of Montana lacks detention facilities, law enforcement personnel, prosecutorial offices, and “many of the other fundamental necessities that would be required to fulfill the obligations the State assumed under (PL) 280.”
“Lake County’s withdrawal of consent presents a paradoxical Catch 22,” the lawsuit goes on to state, “i.e., its residents must continue to fund a criminal justice obligation that should by rights be borne by the State, or cease fulfilling the State’s obligation and suffer law enforcement chaos.”
The process of arriving at the lawsuit began with a 27-page letter sent by the county to the Governor on Feb. 8 warning him of the county’s position.
“It’s been several months in putting the complaint together,” District Three Commissioner Gale Decker commented. “There was an attempt to do some negotiation with the state over the PL 280 costs. That negotiation really didn’t go anywhere. At that point we determined that filing a lawsuit was the next step.”
“The effort to get money started back in about 2002 or 2003,” stated Stanley. “We started trying to work with the senators and congressmen on a federal level and that didn’t get us anywhere at all… The state accepted responsibility for (PL 280), and then they haven’t paid a dime toward the county on it.”
The lawsuit complaint outlines one count of Unfunded Mandate, one count of Unjust Enrichment, and one count of Declaratory Judgment against the State. It asks for the relief of an award of damages “representing the past and present costs incurred by Lake County in fulfillment of the State of Montana’s obligations,” an award of restitution “representing the past and present value of services it provided in fulfillment of the State of Montana’s obligations, and for a declaratory judgment “establishing the State’s obligation to reimburse Lake County for costs incurred in going forward in fulfillment of the State of Montana’s obligations.”
The state will have approximately 42 days to respond from the date of the filing. “We’ll get a response from the state, and that’ll direct our path forward from there,” Decker said.
from page 2
The commission also considered a recommendation from the Polson Redevelopment Agency to approve a grant application for $20,400 in the Tax Increment Finance District. The funds would be used to help Mark and Dana Johnston make improvements on their house on 2nd St. E., including asbestos removal in the attic, and represent less than 20% of the total project cost of $95,000.
The Johnstons began the remodeling project last month, anticipating that the commission would give its approval at its first meeting in June. “We already had the contractors set up and decided we needed to move forward,” explained Johnston.
However, the TIF program stipulates that projects can’t begin until the grant is approved by the city commission. Commissioners voted to table the matter for review by the city attorney, and Meece said it would be back on the agenda for a vote at the next meeting on July 18.
Found in family fishing pond, Lake Mary Ronan; at-risk kokanee salmon fishery supplies stocking opportunities for the state
News from MT Fish, Wildlife & Parks
KALISPELL — Recent surveys found growing populations of illegally introduced northern pike in Shady Lane Pond in Evergreen and Lake Mary Ronan near Dayton, creating harmful scenarios for recreational fishing opportunities in both waterbodies.
Northern pike are non-native everywhere in Montana besides the Saskatchewan River drainage on the east side of Glacier National Park. Northern pike feed almost entirely on fish and can eliminate their food supply in only a few years, leaving stunted fish populations.
“Illegal introductions have negative consequences and are a threat to fishing opportunities,” Regional fisheries manager Mike Hensler said. “Due to their predatory nature and ability to successfully reproduce in vegetated ponds and lakes, northern pike can do great harm to a fishery.”
Shady Lane Pond, a popular family fishery near Old Steel Bridge Fishing Access Site, is typically stocked with rainbow and westslope cutthroat trout to promote recreational opportunities. Last year FWP stocked more than 4,600 fish into Shady Lane. FWP biologists first identified northern pike in Shady Lane nearly two years ago. A recent survey collected nine pike in three hours of netting, confirming the population is naturally reproducing.
FWP is halting future stocking efforts in the pond until a management response is developed. The fish that would be stocked in Shady Lane Pond will be stocked elsewhere in the region for the time being.
“Those fish would be better used elsewhere until we determine how to address pike in Shady Lane,” Fisheries biologist Kenny Breidinger said. “Continuing to stock trout would simply feed the pike population.”
One of the most popular and productive fisheries in the region, Lake Mary Ronan contains kokanee salmon, largemouth bass, rainbow trout, and illegally introduced yellow perch. These populations will be negatively impacted by a growing, naturally reproducing northern pike population.
Pike were first detected in Lake Mary Ronan in 2014. Recent surveys have identified numerous pike in the lake, causing heightened concern for the important kokanee salmon fishery. Lake Mary Ronan is the sole source of eggs used for kokanee stocking in the state.
As a result of the increasing pike population in Lake Mary Ronan, FWP is assessing other lakes in the region that could provide the hatchery program a backup spawning site for kokanee.
“We have not seen impacts to the Lake Mary Ronan fishery yet. However, the number of northern pike we caught in our spring monitoring survey is alarming,” Breidinger said.
Anyone with possible information about an illegal introduction is encouraged to visit: https://myfwp.mt.gov/ fwpPub/tipmont to provide details or call the FWP violation reporting hot line at 1-800-TIPMONT. You may be eligible for a cash reward.
COURTESY PHOTO Non-native northern pike illegally introduced in two waterbodies.
Deputies respond to home invasion assault
News from the Lake County Sheriff’s Office
RONAN — On July 7, Lake County 911 took a report of a home invasion assault on Hummingbird Lane in Ronan. Deputies responded and determined the sole occupant of the residence had been assaulted by two males who fled the scene. The suspect males were known by the victim, who was transported to a local hospital. Further investigation was conducted, and Deputies later arrested Randall J. Lumpry, 33, of Ronan. The other suspect in the case was identified as a juvenile who will not be identified by the Sheriff’s Office at this time.
Investigation into this case is still ongoing. Lumpry was booked into the Lake County Jail on charges of Aggravated Burglary and Aggravated Assault.
New Polson police officers sworn in
News from the City of Polson
POLSON — At the City Council meeting on July 6, Mayor Eric Huffine swore in two new police officers, Chance Peasley and Marcus Lindquist. Mayor Huffine also promoted Officer Aaron Sutton to the rank of Patrol Sergeant.
Peasley was born and raised in Burns, Oregon. He graduated from Burns High School in 2010. He most recently worked for Montana Power Products in Ronan as their Corporate Service Manager. He’s had a passion for helping people since he was young and personally believes being a police officer is a great way to continue to serve people and to be more involved in his community.
Marcus Lindquist was born and raised in Missoula, Montana. He graduated from MSU Billings with a Bachelor’s in Criminal Justice. He is living out his childhood dream of becoming a police officer and enjoys working for the community of Polson.
Officer Aaron Sutton joined the Polson Police Department in April 2017. Officer Sutton has continuously demonstrated his exceptional abilities as an officer, his commitment to this community, and his leadership abilities within our organization. Aaron is a member of our Quick Reaction Force, the Northwest Regional SWAT Team, and a Field Training Officer. He’s earned numerous recognitions for his service, including Officer of the Year, and he has even been awarded a lifesaving medal.
COURTESY PHOTO
News from DPHHS
MONTANA — Department of Public Health and Human Services Director Adam Meier is encouraging childcare providers to apply for Child Care Stabilization funds during the final application period, July 1 – 31.
The online application will go live on July 1 at: childcare.mt.gov. DPHHS estimates there are about 350 childcare providers still eligible to apply for this funding.
“We encourage Montana eligible childcare providers, who haven’t done so, to apply for stabilization funds in July,” Meier said. “Since this funding was first offered in 2021, we’re pleased that over 500 providers have taken advantage of this opportunity. And we know there’s several hundred still eligible to apply.”
The funding is available through the American Rescue Plan Act of 2021. Based on the recommendations from Montana’s ARPA Health Advisory Commission, Governor Greg Gianforte devoted $61 million to increase access to quality childcare services for Montana families.
Currently, 58% of that funding has been obligated. To date, DPHHS has awarded stabilization funds to 502 childcare providers serving just under 13,000 Montana kids.
Registered and licensed childcare providers can apply for the funding online by going to: childcare.mt.gov. July applicants must be in good standing with DPHHS Child Care Licensing by Sept. 1 to be eligible to receive funding.
Grant funds for childcare providers can be used for: — Rent, mortgage and utilities — Payroll and benefits — Health and safety — Facility maintenance and minor improvements — Personal protective equipment and cleaning supplies — Goods to continue childcare, such as diapering supplies and other care materials — Mental health support for children and providers can be requested through the grant application process.
For more information about the childcare stabilization funding and all ARPA funding allocated to DPHHS, call 844-4062772 or go to: arpa.mt.gov
briefs
FWP seeks applicants for northwest Montana Citizen Advisory Committee
News from MT Fish, Wildlife & Parks
KALISPELL — Montana Fish, Wildlife & Parks is seeking applicants to fill volunteer positions on the northwest Montana (FWP Region 1) Citizen Advisory Committee.
The CAC is a general advisory committee that provides input and feedback to FWP on diverse issues, from wildlife and fisheries management to access, state parks, outdoor recreation, and law enforcement. The committee is designed to have a membership that represents a variety of northwest Montana communities and natural resource interests.
FWP welcomes applications from anyone with an interest in natural resource issues and outdoor recreation. Applicants must live in FWP Region 1, which includes Flathead, Lake, Sanders, and Lincoln counties.
To apply, download an application online at: https://fwp.mt.gov/ aboutfwp/commission-councils-committees/region-1-citizen-
see page 8
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