What is County Attorney Kevin Peterson up to?

Why has Mike Goffena & Mike Turley been spending time in Kevin Peterson's office?

Why did Mike Goffena vote down a resolution submitted by Peterson? Why did Mike Turley concur with Goffena on the decision to vote down the resolution? Was the opinion of outside attorney Peter Michael Meloy so overwhelmingly convincing that to support the resolution would have been political suicide? If the resolution was so bad, why did Peterson even propose it? These are questions that the taxpayers of Musselshell County should get answers to, enough with the secret society shenanigans, we demand complete transparency, and we demand it now!

Below is the complete text of Peterson's proposed resolution that was defeated 2 - 0, against.

Resolution No. 2020-24

Resolution Appointing Interim District 3 Commissioner

Whereas, the former District 3 Commissioner Adam Carlson officially resigned from the office on July6, 2020 after moving his primary residency from District 3 to District 2 thereby disqualifying himself from office as a matter of law and thereby creating a vacancy pursuant to Mont. Code Ann. 2-16-501(5);

Whereas, the District 3 seat was in its second year of service of the six year term;

Whereas, whenever a vacancy occurs prior to August 1 before the general election held during the second or fourth year of the term, an individual must be elected to complete the term of four years at that general election pursuant to Mont. Code Ann. 7-4-2106(3);

Whereas, whenever the vacancy occurs on or after March 1 preceding the primary election, any political party desiring to enter a candidate in the general election shall select a candidate as provided in Mont. Code Ann. 13-28-204. A political party shall notify the county election administrator of the party nominee. A person desiring to be a candidate as an independent shall follow the procedures provided in Mont. Code Ann. 13-10-501 and Mont. Code Ann. 13-10-502. The petition for an independent candidate must be filed with the county election administrator prior to August 1 before the general election pursuant to Mont. Code Ann. 7-4-2106(3)(b);

Whereas, no candidate has filed for the office of County Commissioner for District 3 by petition as an Independent on or before August 1, 2020; Whereas, the Republican Central Committee has nominated Mike Turley as its candidate for election for District 3 on the general election for November, 2020 and is unopposed;

Whereas, on or after August 1, no candidate may be placed on the ballot and no other candidate may be prejudiced by an interim appointment of Mike Turley, the only candidate that will appear on the ballot, to serve through December 31, 2020;

Whereas, an interim appointment of Mike Turley for the remaining part of 2020 through December 31 satisfies the requirement that the vacancy be filled by election in November in compliance with the year two vacancy filling requirements referenced above; and

Whereas, the law respects form less than substance. Mont Code Ann. 1-3-219. The law neither does nor requires idle acts. Mont. Code Ann. 1-3-223. The interim appointment of Mike Turley under the circumstances where no other candidate is running for the District 3 seat cannot run afoul of the purpose or substance of Mont. Code Ann. 7-4-2106(3) in a year two vacancy filling scenario and Musselshell County will have a full Board of County Commissioners to conduct the business of the County.

Now Therefore, it is hereby resolved:

The Board shall place the appointment of Mike Turley on its agenda and shall take public comment with regard to the interim appointment. Following public comment and participation concerning the proposed Board's action the Board shall take action with regard to the proposed appointment of Mike Turley as the District 3 Interim Commissioner.

Signed Kevin Peterson

This resolution was NOT PASSED by Commissioner Nicole Borner and Commissioner Mike Goffena.

The million dollar question that remains on the minds of residents of Musselshell County. Why would the county attorney propose a resolution that his own intial legal opinion spoke against in reference to the legality of the proposed resolution. Also, the attorney on retainer with the county wrote an opinion against the resolution. The questions and speculation over this affair remains baffling.

 

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