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Respect choice of Whitefish voters

| January 3, 2008 1:00 AM

If the recent Whitefish City Council election weren't interesting enough - with a tie vote between Turner Askew and Martin McGrew to be decided on Monday - now there's more drama over the residency of newly elected council member John Muhlfeld.

A Whitefish group called Common Sense in Whitefish Government and its founder, philanthropist Rick Blake, are demanding that Muhlfeld show proof of his city residency or they'll pursue legal action. Blake and his group allege Muhlfeld has been living with his fiancee in a subdivision outside city limits, thus violating a state law that requires city-council members to be residents for at least 60 days preceding an election.

A private eye was hired to investigate where Muhlfeld hangs his hat at night, which leads us to ask: Is this what small-town politics has come to?

On the one hand, there doesn't appear to be any formal process to challenge residency issues, so citizen watchdogging is the legitimate vehicle by which it's done. Certainly the voters of Whitefish have the right to inquire about a council member's residency and to feel assured that he meets the statutory requirements to serve.

But are the stakes so high in Whitefish that a council seat is worth this kind of scrutiny?

Muhlfeld's residency came into question when he got engaged and began spending time with his fiancee at her home outside city limits. He knew it could be an issue and consulted with Whitefish City Attorney John Phelps prior to filing for election. Phelps used a different state law to assure Muhlfeld his residency shouldn't be an issue. That law says a person "does not lose residence if the individual goes into another state or other district of this state for temporary purposes with the intention of returning."

Muhlfeld said he kept a room at his house in town, even though he had roommates, and intends to live there when he's married.

Considering that the law seems unclear at best, and contradictory at worst, it probably was not necessary to raise this issue at all. There are plenty of opportunities to raise questions before an election, but once the people have spoken, their choice should be respected as much as possible.

Muhlfeld has been a valuable public servant in Whitefish over the 11 years he's lived there. With his background as a hydrologist, he has served on the Whitefish Lakeshore Protection Committee since 1998 and is a member of the water quality advisory committee with Whitefish Lake Institute. He knows water issues inside and out; for that alone he's a valuable resource.

Muhlfeld has been one of the hardest working and most thoughtful council members since he was appointed in 2006. He does his homework, asks the right questions and rarely misses a meeting.

In the case of his residency, he deserves the benefit of the doubt.