Council leaves initiative that seeks to increase the mayor's authority alone

By TOM HOWARD
Of The Gazette Staff
www.billingsgazette.net

Billings City Council members have expressed concerns about a proposed ballot initiative that would expand the mayor's powers. But after discussing the possibility of filing suit over the initiative, the council decided Thursday that doing nothing was the best strategy.

The council held a special meeting to discuss potential litigation against the initiative that is being circulated by Billings attorney Tom Towe.

Last week, Yellowstone County's election administrator approved the wording and form for a petition that seeks to increase the mayor's authority. Under the proposal, the mayor would have the authority to appoint the city administrator and the city attorney with council consent. Either the mayor or a majority of the council could independently fire the administrator or the attorney, and the administrator would have to consult with the mayor to exercise powers or perform duties.

Towe said recently that the mayor's authority needs to be expanded because the charter isn't working. If the initiative makes the ballot and is approved by voters, the city administrator and the city attorney would have to vacate office on Jan. 1 of the following year.

Under the current city charter, the mayor and council have the authority to hire and fire the city administrator, but not the city attorney.

Supporters of the initiative have until July 31 to collect signatures from 9,425 registered voters to place the initiative on the ballot for the November general election.

On Monday, the council agreed to hire a private attorney to look into the possibility of challenging the initiative in court. City staff and council members have expressed concerns that the initiative could violate the state's wrongful discharge act and other laws because the city administrator and city attorney would be required to vacate their positions if voters approve the initiative.

Attorney Tom Singer, who researched the issue this week at the council's request, said Thursday that he couldn't provide a clear prediction on whether the city would prevail if it filed suit to challenge the ballot initiative.

"It's hard to say," Singer said. "It's a 50-50 call."

During the discussion, Mayor Ron Tussing said he doubted the initiative has much public support.

"I'd be willing to bet this doesn't get enough signatures to pass, and even if it did, I'm not going to fire the city administrator and the city attorney," Tussing said.

The council decided to take no action.


Published on Friday, May 12, 2006.
Copyright © The Billings Gazette.