Supreme Court upholds county official's dismissal

The Montana Supreme Court on Wednesday said Flathead County did nothing wrong when it declined to renew former administrator Don Avery's contract.

Avery served as county administrator here from February 2002 until December 2003.

On Dec. 10 of that year, commissioners Howard Gipe and Gary Hall decided not to renew Avery's contract, for unspecified reasons.

Avery subsequently sued, saying he was only given 55 days notice, rather than the contractually required 60 days.

He also maintained that the failure to provide adequate notice resulted in an automatic contract extension, meaning he was entitled to another two year's pay.

District Court Judge Stewart Stadler granted summary judgment in favor of Flathead County last November. Given that Avery received 60 days severance pay, Stadler said he wasn't harmed by the commissioners' action.

Avery, acting as his own legal counsel, appealed this decision. However, the Supreme Court emphatically supported Stadler's ruling.

"The District Court determined that Avery suffered no damages from the alleged unlawful action of the county," noted Justice Brian Morris, in the court's unanimous opinion.

"Avery failed to present any evidence whatsoever to contradict this determination," Morris wrote. "Moreover, Avery's assertion that the county's alleged insufficient notice resulted in automatic renewal of the [contract] is without merit."