Fort Peck Rural County Water District Update

Dear Editor,

I wish I could report that Fort Peck Rural County Water District Board members were conducting business more dutifully, ethically and respectfully. But just when I think things can't get any worse, they do.

The August 12, 2024, three-member Board meeting is a perfect case in point. At that meeting, Director Ms. Linda Parpart once again demonstrated an inability to run a board meeting. She interrupted public comment numerous times and would absolutely NOT allow public comment on any agenda items prior to the Board voting. (Despite how clearly the public's constitutional rights are spelled out in the law cited below.) On the other hand, Board President Josh Kittleson, who generally presides over meetings, does allow public comment prior to the Board voting on any agenda items. The question becomes whether or not Ms. Parpart is operating by an unwritten set of rules.

Had I been given the opportunity to comment on the July 8, 2024, meeting minutes before the Board voted to approve them, I could have pointed out that the minutes were incorrectly reported. The minutes reference Josh making a statement prior to allowing a closed session to discuss the General Counsel's Contract. That statement was never actually made during the course of the meeting! I would have also pointed out that the meeting minutes did not indicate when the July meeting adjourned. Honestly, is anyone paying attention?

Ms. Parpart also halted public comment to emphatically state that the District's General Counsel Contract, the office manager's accountability and the Board's behavior are "not items under [the Board's] jurisdiction." Wait...What??? (Thank goodness I video record these meetings. It really is the best evidence of this Board's actions.) Parpart's behavior also suggests the Board could benefit from a better understanding of the presiding officer's role, which requires impartiality.

Sadly, the other two Board members present did nothing to intervene during this interaction. They just sat and stared, so it is not certain what their knowledge of the law is.

On more than one occasion now, Ms. Parpart has insisted she knows the law – but her actions indicate otherwise. It also seems that she may have forgotten the Oath of Office she took when she became a public official.

Following the Board meeting, I emailed the specific law to each of the directors and office manager. Here is what the law- Montana Code Annotated Section 2-3-103 - states:

"The agenda must include an item allowing public comment on any public matter that is not on the agenda of the meeting and that is within the jurisdiction of the agency conducting the meeting. However, the agency may not take action on any matter discussed unless specific notice of that matter is included on an agenda and public comment has been allowed on that matter."

I also find it odd that this Board went to such great lengths to adopt a public participation policy and put the following language on all Water District Board agendas:

"The board recognizes the value of public comment on water district issues and the importance of listening to members of the public in its meetings. The board also recognizes the statutory and constitutional right of the public to participate in government operations. The board encourages members of the public to participate in and express opinions about issues important to the water district. This part of the board's meeting is dedicated to public comment on any public matter that is not on the agenda of this meeting and is within the jurisdiction of the board of directors."

THIS "CREDO" COULD NOT BE FARTHER FROM THE TRUTH! Even when public comment is allowed, it is obvious that Board members are disinterested and do not seem to value public input even when a member of the public is quoting the law or citing District Rules & Regulations.

Ever since the Water District lost its only two employees last year, the Board has ignored multiple conflicts of interest, District Rules & Regulations and their own By-Laws!

Part of the problem is that this Board does not provide orientation to new Board members and they do not educate themselves on MT law, District Rules & Regulations or Human Resource practices, which they are required to abide by and enforce. Are the newest directors even aware of the requirements for running a water district or the code of ethics incumbent upon public officials? At this point, the failure to provide or require education and Board orientation seems deliberate.

I would impress upon the Board to quit turning public comment into a power struggle with your customers - just please be ethical and follow the law.

Since I was denied my constitutional right to public participation at the Water District's Board meeting, I am ever grateful to the media for providing this forum. Thank you.

Sincerely,

Mary Kaercher

Fort Peck, Mont.