Butte-Silver Bow Commission Meeting - September 2, 2025

The Butte-Silver Bow Council of Commissioners met on September 2, 2025, to adopt a series of resolutions establishing the method of levying voted mills for various districts as required by recent Montana legislation, and to adopt the final budget for fiscal year 2026. A significant debate arose over a last-minute amendment to add $25,000 to the council's professional services budget for independent legal counsel.

Routine Resolutions: Levying Voted Mills (Items 1-5)

• Resolution 2025-36: Establishing method of levying voted mills for 15-90 Search and Rescue. Passed 7-0.
• Resolution 2025-37: Establishing method of levying voted mills for Melrose Volunteer Fire District. Passed 7-0.
• Resolution 2025-38: Establishing method of levying voted mills for Mosquito Control District. Passed 7-0.
• Resolution 2025-39: Establishing method of levying voted mills for Wise River Fire District. Passed 7-0.
• Resolution 2025-40: Establishing method of levying voted mills for Mile High Conservation District. Passed 7-0.

Discussion Item: Budget Adoption with Amendment for Independent Legal Counsel

• Commissioner O'Leary proposed amending Resolution 2025-41 (final budget adoption) to increase line 350 (professional services) for the council from $2,000 to $27,000, drawing $25,000 from reserves. He argued this would provide the council with budget authority to retain independent legal counsel when needed, as permitted by the charter (Section 3.03(c)), and would avoid future political considerations tied to specific issues.
• Budget Director Hassler explained the process: the amendment would require rebalancing the resource and requirement schedule, reducing general fund reserves by $25,000 while staying within the 370-mill levy.
• County Attorney Ann Ruth confirmed the charter allows the council to hire outside counsel, and that the county already occasionally seeks outside legal advice on specialized matters (e.g., superfund).
• Commissioner Thatcher opposed the amendment on procedural grounds, noting the budget had been available for two months and the last-minute change allowed no public comment. She suggested using the unanticipated expenditure process later, which includes a public hearing.
• Commissioner Fisher initially supported the idea but changed his mind, agreeing the timing was inappropriate; he also noted only six commissioners were present and felt uncomfortable making such a decision with partial attendance.
• Commissioner Shea supported the amendment, emphasizing the value of independent legal review and noting that similar last-minute amendments have occurred before.
• Commissioner Anderson asked about the process for hiring outside counsel without the amendment; County Attorney Ruth confirmed the council could still hire counsel and later seek budget amendment.
• The motion to adopt the budget as amended (with the additional $25,000) passed 4-3. The meeting was then adjourned to allow Director Hassler to formally revise the budget documents.

Key Outcomes

• Resolutions 2025-36 through 2025-40 all passed unanimously (7-0).
• Resolution 2025-41 (final budget) was adopted as amended, with a 4-3 vote, adding $25,000 to the council's professional services budget for independent legal counsel.
• The meeting was recessed for Director Hassler to update the budget documents before final adjournment.