Heights Water District Board member Pam Ellis, right, stands up as law enforcement escorts her away from the board table after being voted off the board by board members Wednesday evening June 15, 2022. Board President Ming Cabrera, pictured left sitting in chair, had law enforcement remove Ellis. Ellis was appointed to the Height Water District by County Commissioners as a County Representative. Deputy county attorney says the vote was illegal. Read full story, see differing emails, and actual letter sent to County Commissioners about Ellis on page 4 & 5. (Photo by Evelyn Pyburn)
Three members of the Heights County Water District Board unanimously voted Board Member Pam Ellis off the board with a vote of no-confidence, last Wednesday. Whether they have the authority to do so is a point of contention. Ellis was appointed to the board by Yellowstone County Commissioners and the County does not agree the board has the authority to remove her.
On Tuesday, County Chief In-House Counsel Jeana Lervick sent an opinion to the commissioners that said, “…the Heights Water Board cannot ‘remove’ Ms. Ellis from the Water District. Ms. Ellis is the County’s appointee to the District. Both Montana Code (Title 7, Chapter 13, Sections 22 and 23) and the Water Board’s bylaws state that directors may only be removed subject to recall by the electors of the District. This applies to both elected as well as appointed directors, which would include Ms. Ellis. The reasons that a director may be removed would include neglect, refusal to perform duties, felony conviction, decision of a court declaring the incumbent’s election or appointment void, etc… As such, the Water Board’s action taken is not valid and Ms. Ellis remains on the Board.”
In other business, during their regular monthly board meeting, the three members of the board also voted to increase the price of water for district ratepayers by five percent. They, also, announced an increase of eight percent for staff pay.
The board is supposed to be comprised of seven members, but two have resigned. Board member, Laura Drager, was absent. Cabrera read a letter from Drager stating that she was supportive of removing Ellis from the board.
Ellis’ appointment by the commissioners was originally rejected as legitimate by board members at the time she was appointed, and they refused to seat her under the same claim that the county had no authority to appoint her.
Water District Chairman, Ming Cabrera, cited several State codes in asserting that the board does have the authority it assumed on Wednesday. District Manager Peyton Brookshire reiterated Cabrera’s position after the meeting, telling YCN, that the board had recently consulted with Bozeman attorney Susan Swimley, who was also an advisor to the board prior to its reorganization and election of four new board members.
The meeting of the board last Wednesday began with an introduction of the board members and people in the audience. One audience member only identified himself as “Bob.” Chairman Cabrera insisted that he give his full name, but when he refused, Cabrera said it was “Ellis” and Cabrera commented further telling the audience that the man had called him an “asshole” earlier in the day on the phone.
The man, apparently Pam Ellis’ husband, responded, “Well you are an asshole.”
At that Cabrera became visibly angry and yelled back that the man should leave the meeting.
When the man refused, Cabrera again yelled for him to leave, vehemently pointing to the door. When the man again refused, Cabrera called upon a staff person to call for law enforcement to remove him.
The man left before the officer arrived, who then spoke just outside the door with Manager Brookshire.
The board twice voted to remove Pam Ellis from the board and read a letter with a list of complaints into the record which they said had been sent by Brookshire to the board. Ellis later pointed out that the letter had not been sent to the board but had been hand-delivered by Cabrera to the County Commissioners. (See facsimile of letter).
Cabrera said that two of the county commissioners had agreed to rescind their appointment of Ellis. His claim was later denied by commissioners. Commissioner John Ostlund said all they agreed to do was to hear their complaints. An announced discussion meeting with the county commissioners for last Thursday was postponed.
In the letter, Brookshire wrote, “I am requesting the Board of Directors to ask Mrs. Pam Ellis to resign her board seat effectively immediately. If Mrs. Ellis will not step down, I am requesting the board take action by voting to remove her from her appointed director position. If the board fails to take action to remove her from the position, the staff and I are prepared to pursue a harassment lawsuit against Ms. Ellis.”
He went on to say, “If Mrs. Ellis is not removed, she will continue to undermine the district staff and board Directors on a daily basis. Her actions and false accusations over the last two years have made the County Water District of Billings Heights look like a malfunctioning sideshow. I truly believe her only motivation to be seated, and remain on this board, is to dissolve the Water District.”
Brookshire also claimed that Ellis functioned contrary to state law by acting as the board’s secretary. The issue was raised at several past board meetings, but every time, the board voted, or agreed to table, hiring a secretary. A member of the audience, Frank Ewalt, noted the same, telling the board “don’t put it on Pam.”
Ellis asked each board member present, which included David Graves and Brandon Hurst, as well as, Cabrera, if they would resign if she remained on the board. All said, “Yes.”
She then asked staff members who were present if they would “walk out” as had been claimed in the letter. None said they would. After she posed the question to each, including Brookshire, Cabrera exclaimed that the staff did not have to answer her questions. Numerous times, as Ellis spoke to charges made in the letter, Cabrera tried to stop her from speaking or asking questions. At one point he said she had exceeded her two-minute time limit to speak.
Ellis persevered saying that she was the one about whom all the charges were made, and she had a right to respond.
Cabrera seemed especially upset that Ellis met with Jennifer Duray, Billings Deputy Director of Public Works. He said, “You went down and had a meeting and you weren’t directed by the board.”
Ellis said, “I had a right to be there.”
Former interim manager of the district, Larry Brewster, spoke to say, “I know staff had lots of problems” and some he said he sympathized with. He told Ellis, however, “I think it would be a service if you took a while away from here. There has been so much water under the bridge….The animosity is like a poison pill. It isn’t going to change.” Brewster said that he believed the board did have the authority to remove Ellis from the board.
When Ewalt spoke, he said that he agreed with Brewster. Ewalt said that all the “turmoil” within the district began with the lawsuit with the city.
Dianne Crees, retired District Clerk and Treasurer, responded from the audience, “The turmoil did not start when the lawsuit was filed; it began when Pam was put on the board.”
Following their vote the board resumed with agenda items, and Ellis remained seated at the table. Cabrera asked her to leave. Ellis said she could remain seated where she was. Again, Cabrera had staff call on law enforcement to remove Ellis.
Ellis remained seated and no more business was conducted until a law enforcement officer entered the room and asked Ellis to accompany him outside. She did so and after a few minutes returned, removed her stuff from the table and sat in the audience.
The board approved the consent agenda except for the minutes from the last meeting. Cabrera said he wanted to change the minutes because they included a statement he did not make. The board approved the removal of the paragraph that stated, “President Cabrera directed Jennifer Burnside to stop paying the three absent board members when they do not attend meetings. Pam Ellis noted a ‘point of order’. Board compensation is directed by Board Resolution and can only be changed by a vote of the Board.”
However, a report in the Yellowstone County News (May 20, 2022) of the May meeting stated, “He [Cabrera] then asked management to cease sending the board members their $150 monthly stipend for attending meetings they don’t attend.”
The board then voted to increase by five percent the base water rate, tiered rates, SDF fees, and fire line fees, effective July 1. Manager Brookshire said that the increase from the City of Billings to the district was 5.7 percent but he believes the district can “eat” the difference since state law allowed the district to increase rates up to five percent without having to hold a public hearing. His report stated, “This allows us to avoid delays due to public hearings and allows us to offset the increase through the summer months which are 40-45% of our annual revenues. We can then reassess in the fall with the rate study and CIP by Interstate completed and once further information is known from the upcoming rate study by the City on their intended increases for the following years.”
Brookshire then recommended a pay increase for district employees of 8 percent. The board took no action.
The board then voted approval to hire on a contract basis Suzie McKethen, who used to keep minutes for the board, and district staff member, Jenn Burnside.
Cabrera made a statement to Brookshire saying that he will not in the future be troubled by the board. “I am not going to put anyone to supersede you. There will be no interference from the board to try to take over negotiations.” He went on to say that “the board does not bring our advice to you, but you bring advice to the board.” He asked the other two board members, Hurst and Graves if they agreed and they said, “Yes.”
About the prospect of mediating water rates with the City of Billings, Cabrera said, “We will show them that mediation is going to have to happen.”
Graves asked of Brookshire, “Can we look at what Billings does to see if we can generate more business to the Heights?” He mentioned that Billings builds in the cost of a developer fees into their monthly bill rather exacting it up front.
Brookshire said, “I don’t want to stop growth out here but you have to have something.” Past boards “didn’t want to play banker,” he said.
Cabrera said that at the next board meeting the board will review the applications of candidates for appointment to the board which were requested following the resignation of Dennis Cook and Jeff Engel.
Below is the actual board meeting video.
