Judiciary Committee Meeting - April 23, 2026
Judiciary Committee Meeting - April 23, 2026
The Butte-Silver Bow Judiciary Committee met on April 23, 2026, to discuss several items including a citizen communication regarding impeachment, a fire services district boundary change, a property sale, an economic development mill levy, and an ordinance amendment for special events. The meeting was chaired by Commissioner Shea.
Public Comments & Testimony
- Mark Phillip presented a communication (2026-175) requesting the Council of Commissioners affirm that Butte American finds cause for and recommends that the U.S. House of Representatives vote to impeach President Trump. He provided a binder with exhibits and a letter. The committee tabled the item.
Discussion Items
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Resolution 2026-18: Fire Services District Boundary Change – The committee held the resolution in abeyance pending a public hearing on May 6. Commissioner Thatcher expressed frustration with REC's letter, noting that REC pays zero in fire services tax while Montana Resources pays $935,000 and Northwestern Energy pays $668,000. County Attorney Andrew cited a Montana Supreme Court ruling (CODL v. State) that equal protection allows reasonable classifications, even if burdens are higher. Commissioner Callahan clarified that REC pays an emergency service fee for fire protection.
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Resolution 2026-21: Sale of Property in Walkerville (lots 11-14, block 9, transit addition) – Moved to final reading. Commissioner Callahan raised concerns about lack of information and maps. Director Frederickson noted the land sales committee recommended the sale. Motion passed.
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Resolution 2026-22: Economic Development Mill Levy Continuation – Held in abeyance for review by the county attorney. Discussion about fiscal years: Director Hassler clarified that the levy is for the current year's money, and a continuing resolution will be needed for future years.
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Council Bill 2026-01: Ordinance Amending Special Events Code – Moved to second reading. Director Frederickson explained updates including a $25 application fee (down from $100), new provisions for business use, guided tours, photography for profit, and adjusting mine yard rental fees through the Parks and Recreation Board.
Key Outcomes
- Communication 2026-175: Tabled.
- Resolution 2026-18: Held in abeyance as amended, pending public hearing May 6. Motion passed unanimously.
- Resolution 2026-21: Moved to final reading. Motion passed.
- Resolution 2026-22: Held in abeyance. Motion passed.
- Council Bill 2026-01: Moved to second reading. Motion passed.
Meeting Transcript
I would assume so. Are they locked? No, they just said it's the front or back. I was a little bit of mic to tell you. What are you doing? That's my spot. I don't sit there. I will call the judiciary committee meeting for April 22nd, 2026 to order. Um for roll call. We have it looks like everybody's present. Um Commissioner uh myself, Commissioner Shea, Commissioner Thatcher, Commissioner Callahan, Commissioner Mankins, Commissioner Healy, and Commissioner Gerbrand are all present. Um I would ask um well I'll start with communication number uh 2026 175 Mark Phillip, 1150 West Gold, Butte Montana requesting Council of Commissioners to affirm that butte American Butte Americ Butte American finds cause for and recommends that the U.S. House of Representatives vote to impeach President Trump. Um Mr. Phillip, is there anything that you would like to speak to regarding this tonight? And go ahead and pop there you go. Um yes, Commissioner Shay, thank you. Um a binder, which had a draft resolution uh as well as several uh total of 16 exhibits that are referenced in that resolution. Uh things like the U.S. Constitution, the UN Charter, the Hague Convention, um, and so forth. I have uh now provided this evening uh the letter that um would be sent out on the basis of this resolution should it be passed. Um I apologize for the delay. Uh there was a misunderstanding uh about um the resolution form uh and the requirement for a second letter. Um so I've now provided that letter tonight um for you to continue to reflect upon along with the the packet of information I provided two weeks ago. Okay. Thank you very much. I believe that uh Mr. Phillip has provided everybody with a copy of the letter. Not sure if anybody has had an opportunity yet to review it. Um would any of the commissioners like to say anything. Commissioner Gerbrand. Yes. Um Madam Chair, I'd like just a minute or two to read this letter. Okay. Yeah. So we can hold this in in abeyance again. Um I I was able to read it. I did have an opportunity to because I was I got this when I first got here tonight, but um committee, would you like to move forward to the resolutions? Okay. Um I'll we'll uh table this for the moment and I'll move to item number two, resolution number 2026-18. A resolution of intent to modify City County of Butte Silverbo ordinance two dot sixteen.20 to alter the boundaries of the city county of Butte Silverbo, Montana's fire services district to include the boundaries of three MCT district and providing for an effective date here in. Um I believe this is ready to go to final if that's the pleasure of the committee. No. Uh thank you, Chairman Jay. I believe we're still holding this pending the public hearing next week. Um but while I have the microphone, I just you know, I I know that all of the council of commissioners received a letter from REC regarding this. Um I guess my perspective on this is I'm I'm a little frustrated because you know in in a portion of their letter, they talk about REC is currently facing significant financial financial and market challenges. The company continues to incur losses each quarter, but it's also working towards the goal of returning to profitability in the future. Um so in my mind, I I can understand that point. Um the news today of a purchase of 1.2 million dollars worth of land would seem to indicate otherwise, in my opinion.
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