Great Falls Tribune

 

July 24, 2008

 

City won't appeal documents ruling

By RICHARD ECKE
Tribune Staff Writer

Great Falls city commissioners voted 4-0 Wednesday not to appeal a District Court ruling ordering it to release draft documents to the public.

The June ruling by state District Judge E. Wayne Phillips of Lewistown prompted the special City Commission meeting.

City Commissioner Bill Bronson, who also is a lawyer, said he doubted the Montana Supreme Court would side with the city in the case filed by the Helena-based Montana Environmental Information Center.

The lawsuit dealt with the city's refusal to hand over documents to critics who wanted to know more about the city's dealings with Southern Montana Electric Generation & Transmission Cooperative. The city is a member of SME, which wants to build an $800 million coal-fired power plant east of Great Falls.

Earlier this week, city government began releasing some documents to members of MEIC and the Great Falls group Citizens for Clean Energy.

Fewer than 20 people attended the rare afternoon session, in which the city's attorney, David Gliko, energetically defended the city's legal theories offered in the case. He especially objected to Phillips calling the city "disingenuous" for taking one of its positions.

Gliko also warned about a "chilling effect" the ruling might have on city officials, staff members and businesses seeking to do business in a city of Great Falls "fish bowl."

However, he also said Montana's 1972 Constitution is considered avant-garde and progressive. Coupled with subsequent Montana Supreme Court decisions affirming individual rights, Montana's top document offers the "greatest protection of individual public rights" among the 50 states, he said.

Bronson and Gliko agreed the ruling centered on whether draft documents were public. Phillips ruled that they were.

Bronson also said the commission's action was not a reflection on Gliko or the city's initial decision to fight the lawsuit.

SME General Manager Tim Gregori of Billings said Phillips' ruling was very narrow in scope.

"This doesn't mean, carte blanche, that all city information is open to the public," Gregori said, adding that trade secrets provided to the city by SME to the city must be protected. Gliko said the city could suffer substantial penalties if it released such information.

Gregori said the Public Service Commission safeguards trade secrets in an energy field that is "very, very competitive."

MEIC member Jerry Taylor of Great Falls on Wednesday praised the City Commission for not appealing the ruling, and thanked City Clerk Lisa Kunz and City Manager Greg Doyon for releasing hundreds of pages of documents since the court's decision was announced last week.

Wally Bell of Great Falls, who agreed with the decision not to appeal, said he hoped the community could begin healing after a sometimes harsh debate over the proposed Highwood Generating Station.

"I've seen this issue divide our community," Bell said.