Attorney: New Whitefish council should break tie

Whitefish City Attorney John Phelps has recommended that the City Council seated in January should break the tie between council candidates Turner Askew and Martin McGrew.

A hand recount of votes last week resulted in a tie between the two candidates, with each receiving 696 votes.

"I did the research and concluded it would be the new council that would make the appointment, because no vacancy exists yet," Phelps said.

Current council members serve through the end of December.

Phelps made the same recommendation 12 years ago when the council was faced with breaking a tie between council candidates Ken Williams and Jody Fonner.

The council didn't heed Phelps' advice, however, and instead deferred to a recommendation from the Secretary of State's office that said "tie-breaking is an extension of the election process and needs to be done as expeditiously as possible." The old council, using a secret ballot, appointed Williams to the council in December 1995.

In 1999, Phelps - who formerly served as a part-time city attorney for Eureka - dealt with another election tie for a Eureka council seat.

In that case the Secretary of State, backed by an attorney general's decision and a state Supreme Court case favoring Phelps' rationale, agreed with Phelps' recommendation to have the newly seated council make the appointment.

THE WINNER in the Askew-McGrew race will serve only for two years, since it's an appointment, Phelps said.

With roughly six weeks left until the council's first meeting in January, Askew said he's still pursuing his goal.

"Yes, I'm still campaigning because I think I have something to offer the council," Askew said. "There are people in Whitefish who feel disenfranchised and I feel I come as close as anyone to representing them. They need a voice.

"I will offer ideas, thoughts and points of view that are different than those offered by the current council," he said.

Askew wrote a letter to the editor in the Nov. 28 Daily Inter Lake pointing out his varied community service through the years.

McGrew said he believes the campaign essentially is over. Both he and Askew were interviewed by the current council to fill a vacancy earlier this year when Cris Coughlin stepped into the mayor's position.

"They know who we are," McGrew said, "And from my work on the planning board [as chairman], they know who I am."

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