*Judge rules Hamilton City Council can proceed with meeting*
/By PERRY PEARSON - Ravalli Republic/ The Bitterroot Human Rights Alliance and former Hamilton City Councilor Bob Scott were unsuccessful in stopping a special meeting Friday of the Hamilton City Council where Scott's replacement will be chosen. They filed a lawsuit against the council and Mayor Joe Petrusaitis Wednesday seeking a restraining order against the meeting and seeking to overturn Scott's expulsion. Their requests were officially denied Thursday by District Judge Douglas G. Harkin of Missoula. The plaintiffs did, however, receive some guidance from Harkin on how they could continue their efforts to get Scott placed back on the council. Harkin ruled that the best forum within which to fully consider the issues raised by Scott is via an action called "Quo warranto." Harkin wrote that in such an action, Scott can fully develop the claims that he was improperly deprived of his public office without due process of law, the public was not given a right to meaningfully participate in the action of the council which removed him, and the factual basis for his removal does not constitute "improper conduct." Harkin said Quo warranto actions are granted precedence on the court calendar over all civil business, and the court shall require a speedy trial on the merits of the case as may be consistent with the rights of the parties. He said the defendants (the council and Petrusaitis) are requested to advise any potential appointee of these proceedings and of the possibility for being named in a Quo Warranto complaint. Harkin added that is generally not within the contemplation of an appointed council member to be personally named in a lawsuit within days of assuming office and risk being required to pay costs and damages if the appointee is removed from office. All the attorneys involved in the case are from Missoula. Quo warranto is Latin for "by what authority." It requires the person holding a position to prove by what authority that person has that right or power, according to an online encyclopedia site, wikipedia.org <http://en.wikipedia.org/wiki/Quo_warranto>. It usually arises in a civil case as a plaintiff's claim that some governmental or corporate official was not validly elected to that office or is wrongfully exercising powers beyond those authorized by statute or by the corporation's charter. The plaintiffs are being represented by Sarah McMillan and Jack Tuholske. The defendants are being represented by Jack Jenks after city attorney Ken Bell chose not to represent them because he could potentially be called as a witness in any legal action. The defendants have chosen not to comment on any ongoing litigation at this time, council president Mike LaSalle said. Colleen Miller, the city's administrative assistant, said Thursday that the meeting on Friday at 6 p.m. will go on as scheduled after two residents of Ward 2 submitted a letter of interest for Scott's seat within the city's deadline for applicants. The appointment would be for the remainder of Scott's term, which expires Dec. 31, 2007. Councilors will interview each candidate by having him or her respond to a set of questions. They will then score the candidates on those questions and choose one, she said. The council removed Scott from office Dec. 20 at its last regular meeting, before two new councilors and a new mayor take over Jan. 3. According to state law, the city has 30 days to appoint someone to fill the seat. Scott was expelled for improper conduct by a 4-0 vote, with other councilors saying he had abused his authority as a councilor and created a hostile environment for councilors, the public and city employees. Reporter Perry Pearson can be reached at 363-3300 or [EMAIL PROTECTED] <mailto:[EMAIL PROTECTED]> [Non-text portions of this message have been removed] ForumWebSiteAt http://groups.yahoo.com/group/Libertarian Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/Libertarian/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/
