Polson Rural Fire cleared of wrongdoing

The Lake County Attorney’s Office recently issued a letter clearing the Polson Rural Fire Department of any wrongdoing after investigating claims made by a Kalispell attorney of possible misconduct.

Lake County Deputy Attorney Wally Congdon did recommend that the board revise and clarify its policies regarding public participation in the fire department’s board of trustees meetings. Congdon said he investigated the issues raised in a letter from Kalispell Attorney Kim Christopherson. Christopherson had pointed out possible violations of open meeting laws, ethics concerns and possible misuse of county tax money.

“Nobody’s doing anything to steal stuff, rip off stuff,” Congdon said. “It’s just a question of how to run state government.” Congdon noted that Montana is the only state that has a constitutional requirement for government transparency.

In his letter to the board Congdon noted that the only explicit instance of wrongdoing that he observed was the borrowing of gasoline from the fire hall in Big Arm and the use of Big Arm station trucks to signal people on the lake.

“These incidents seem to have ceased, but did occur previously without prosecution or written reprimand that I can find,” Congdon wrote.

Congdon found that any allegations of misuse of tax money was not legitimate.

“The District has been through the standard state directed audit several times without incident or concern,” Congdon wrote. “There do not seem to be any issues regarding the books, funds missing or not accounted for.”

Congdon did find that the board needs to address some housekeeping issues in regards to keeping minutes and running meetings.

Congdon pointed out that board members cannot edit or proof meeting minutes before a public meeting, including electronic edits that include a quorum of the entire board.

Congdon suggested a reworking of the board of trustee’s bylaws in order to clarify many of the issues brought up in Christopherson’s letter.

“While there is a policy adopted in March 2015, regarding membership on the board and Rural Fire District bylaws, a better guideline for how much process is open to the public and how much process is not as a personnel matter should be made,” Congdon wrote. “... A public process to smooth this issue out would help.”

Congdon said those with concerns about the fire board should participate in the organization’s public meetings.

“Go to meetings and make meaningful comment,” Congdon said. “Remember democracy is not a spectator sport.

If people have the questions, if people want to know, go participate.”

R. Jack Clapp, board chair of the Polson Rural Fire District Trustees, said the board was satisfied with Congdon’s findings and while they had not yet implemented new policy, the board intends to address the issues Congdon pinpointed as best it can.

“I think that we are happy with the report insofar as that it did not find any misconduct on behalf of the board or any of the board members,” Clapp said.

Christopherson did not respond to comment for this story and the person she suggested for possible comment did not want to go on the record about the investigation or its findings.

Reporter Megan Strickland can be reached at 758-4459 or mstrickland@dailyinterlake.com.