The Flathead County Commission voted unanimously against taking action on a complaint lodged against a Flathead Valley Community College trustee, a decision that drew accusations of cliquish behavior from the complainants.
Edwin X. Berry filed the complaint against trustee Tom McElwain in April.
Berry, who ran unsuccessfully for a seat on the FVCC trustees board earlier this year, contended that the commission should suspend McElwain from his seat because he had been absent from the district for at least 60 consecutive days.
The complaint states that McElwain, who has served as a trustee since 2008, lived in Mesa, Ariz., and traveled to Egypt between December 2010 and April 2011.
According to Montana state law, if a complaint appears to contain probable cause for removal, the county commissioners “shall suspend the trustee from the position until the charges can be heard in the appropriate district court.”
However, commissioners Pam Holmquist, Dale Lauman and Jim Dupont, all Republicans, said they did not find probable cause in Berry’s complaint, and they would not suspend McElwain.
The commission also expressed concern over suspending an official in an elected position.
“[McElwain] is an elected official, and I have reservations on suspending an elected official because really the voters put him in there,” Holmquist said.
Holmquist also said she felt McElwain was unaware of the rule that a trustee cannot leave the district for 60 consecutive days, and he had participated in meetings via telephone.
Lauman said if it were a case of a person who did not participate in the board’s meetings, there would be cause for concern. But since McElwain does participate, Lauman said, he does not believe the trustee should be suspended.
Regarding the state law, Dupont said the commission may suspend the official, but is not required to. He said he would personally question appointing a trustee who would be out of the district for 60 days at a time, but added that McElwain’s dedication to the FVCC board is “outstanding.”
The commission voted unanimously to deny probable cause for removal.
After the meeting, Berry and Bill Biernat, executive director of limited-government group Montanans in Action, expressed their displeasure at the commission’s decision.
“What happened in there is very typical of Montana,” Biernat said. “This is a good-old-boy network here.”
Biernat said current state law on removing trustees is purposefully vague, though he did not say whether he would pursue law changes during the next legislative session.
Berry said his complaint had nothing to do with the recent trustee elections, and said the commissioners should have referred the case to district court.
“The county commissioners overstepped their bonds of authority today,” Berry said.
Both men accused the commission of protecting a member of their “clique” when they decided not to suspend McElwain.
“We’re looking for fair and balanced government and we’re not getting it here,” Biernat said.
Neither Berry nor Biernat said they would pursue further action against McElwain, but did express concern about FVCC’s board election cycles and a lack of voter participation.