Commission appoints county attorney in secret vote

The Hill County Commission has announced that it will be swearing in a new county attorney Monday morning, an appointee that they are refusing to release the name of, and appointed in a secret vote that was not publicized, which is in violation of Montana state law.

Hill County Commission Chair Diane McLean said they do not release the names of people they hire until the process is complete, which would, in this case, be when they’re sworn in.

“We don’t advertise ‘Oh by the way, we have that person starting for that position and this person for this position,’” McLean said.

Hill County attorney is an elected public position, the highest legal position in the county. When the position becomes vacant, as happened when Karen Alley resigned from the position effective in October to take a job in another county, the commission appoints someone to fill the position.”

Public information and freedom of information expert Mike Meloy, the attorney for the Montana Freedom of Information Hotline, said the commission’s actions violate both state law and parts of the Montana Constitution.

He said it violates right to participate and right-to-know provisions in the constitution, as well as state law that requires advanced notice of items of public interest on which the body will vote, as well as provisions that meetings of public bodies be open to the public.

“Because the proposed action involves the appointment of an elected official there can be no reasonable expectation of privacy which might justify a closed meeting,” Meloy said.

“In the event the commission continues on its present course, any decision can be set aside and voided by a court under another statute,” he added.

See related editorial on Page A4.

McLean said the commission did vote on this appointee, but couldn’t remember when it was, saying, “I’d have to do some research to figure that out, it’s been some days ago.”

The swearing in is scheduled for 8:30 a.m. Monday morning in the Hill County Courthouse in the commissioners’ office.