Whitefish council nixes court raises

By LYNNETTE HINTZE

The Daily Inter Lake

The Whitefish City Council denied sizable pay increases for the city judge and court clerk before unanimously approving a preliminary budget on Monday.

The City Court budget became contentious last December after the council declined to fund a second full-time clerk midway through the city's fiscal year. City Judge Bradley Johnson cited a burgeoning court workload caused by annexations, population increase and a backlog from prior adjudications.

Instead, the council appointed a committee to deal with Johnson's request and asked for more information about his budget needs. Johnson delivered a 12-page memo with this year's budget request, criticizing the council for not granting his staffing request.

Johnson claimed other city departments routinely get additional personnel and claimed the council's action proves it "is capable of retaliatory conduct based on political motives."

Along with Johnson's narrative was a request for an increase in the judge salary from $59,282 to $71,323. The council shot it down, noting that last year's raise was contingent on his salary remaining unchanged for five years. He will receive a 3.1 percent cost-of-living adjustment.

Johnson also wanted an 11.1 percent increase for his full-time clerk. The council opted for 5.1 percent, which includes a 2 percent step increase and 3.1 percent cost-of-living adjustment. Other city employees will get the same 5.1 percent increase.

The lingering request for a second full-time clerk was tentatively approved, but the council wants Johnson to answer questions about the court's workload before it gives final approval.

Johnson did not attend the budget meeting because he was out of town.

The council likewise wants more information before it will consider raising the monthly stipend for subjudge Tom Tornow from $100 to $1,000.

"The council indicated the $100 monthly stipend could change if Judge Johnson can provide evidence that one and a quarter judges are needed," City Manager Gary Marks said.

Tornow attended the budget meeting and reported that he is a subjudge every Friday and substitutes when Johnson is out of town. He also does all of the civil work for Whitefish City Court.

Tornow said he accepted the subjudge position to be a public servant, but told the council he can't continue to take that much time out of his own practice without just compensation.

Marks said the council has questions about why Tornow is doing the civil work and wondered whether the subjudge should be an elected position.

Former council member Tom Muri testified in support of Johnson, saying "he's unequivocally one of the best city judges in Montana," even though "he can be pompous and he can be a pain."

Muri said City Court salaries and wages aren't where they need to be.

"I'd like to see City Court be treated somewhat equitably," Muri said.

He encouraged the council to support a second clerk.

"I practiced [as a City Attorney] here and I know they're having trouble keeping up," he said. "It's an overwhelmed court."

REQUESTS FROM community agencies also drew discussion from the council.

Whitefish Lake Institute, organized last year to monitor water quality on Whitefish Lake, asked for $39,800 - $29,800 for equipment and $10,000 for monitoring the lake.

The council approved the monitoring request and OK'd an additional $5,000 request - proposed by council member John Muhlfeld - to establish the institute as a clearing house for other agencies that deal with Whitefish Lake. The state Department of Environmental Quality may allow Whitefish to divert up to $30,000 the city owes in sewer overflow fines and use it for the equipment request.

THE BUDGET for the coming year is $22.6 million, about $2.1 million more than last year.

The increase will pay for five new city employees - a building inspector, a parks maintenance worker, an electrician, a development engineer and an assistant public-works operator - bringing the total permanent full-time work force to 82.

Higher costs of materials and services, increases in employee compensation and the addition of operating appropriations for four new funds are driving the budget increases. The new funds include affordable housing, stormwater, the JP Road project and JP Road special improvement district.

The final budget hearing is Sept. 5.

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com