Great Falls, MT 59401

Planning Board member Mr. Jim Dawson should have been allowed to participate and vote at the planning board meeting of 4 December 2007, regarding the HGS rezoning issue, as by Montana law MCA 2007, 76-1-211, (see Exhibit A-1), directs that a county planning board must include a member of a governing board of the county’s conservation district.

The Cascade County Conservation District appointed Mr. Dawson to this important position to represent the interests of rural Cascade County landowners, farmers and ranchers in the entire Cascade County Conservation District.

Mr. Jim Dawson was prohibited from participating and representing this required district in the 4 December 2007 hearing despite his willingness to actively participate by teleconference, which is a widely accepted protocol used by many state governmental agencies and boards.

Mr. Dawson’s unique planning board position and experience allows him to provide the Conservation District’s representation of its members who are rural landowners, farmers and ranchers in this county.

For the planning board chairman to capriciously exclude Mr. Dawson because he was convalescing from recent surgery is unjustifiable as Mr. Dawson was very willing to participate by teleconference as permitted by Montana law.

Indeed, the Tribune knows this procedure is permitted as they too listened in on the recent DEQ review board meeting on the HGS air permit lawsuit, where all board members conducted that meeting by teleconference successfully.

Respectfully submitted,

Neil J. Taylor

Citizens for Clean Energy

Enclosures: Exhibit A-1

Exhibit A-1

MCA 2007

76-1-211. Membership of county planning board. (1) County planning boards

consist of not less than five members appointed by the board of county

commissioners. At least one member of a county planning board existing on

or formed after July 1, 1973, must be a member of the governing board of a

conservation district as provided for in chapter 15, an associate member

of a conservation district designated by the governing board of a

conservation district, or a member of a state cooperative grazing district

if officers of either of the districts or the designated associate member

of a conservation district reside in the county.

(2) If a city or town subsequently becomes represented on the county

planning board pursuant to 76-1-111, additional members of the

planning board representing the cities or towns must be appointed by

the respective city councils.

History: En. Sec. 10, Ch. 246, L. 1957; amd. Sec. 4, Ch. 247, L.

1963; amd. Sec. 1, Ch. 189, L. 1965; amd. Sec. 3, Ch. 273, L. 1971;

amd. Sec. 2, Ch. 349, L. 1973; R.C.M. 1947, 11-3810(2); amd. Sec. 2,

Ch. 151, L. 2007.