Archived Story

Council returns booted member
By MICHAEL MOORE of the Missoulian

Bob Scott is back on the Hamilton City Council.

After being ousted from the council last December for improper conduct, Scott was returned to the council Wednesday night after a closed-door session.

The 4-1 vote to give Scott his seat back settles a lawsuit Scott and the Bitterroot Human Rights Alliance filed after he was kicked off the council after a series of conflicts with city employees and other council members.

Scott complained that he'd been booted without due process, and critics of the ouster claimed he'd been punished for political reasons. Scott's removal was a rushed affair, occurring just before the end of the year, when the mayor and two council members were leaving office.

In voting to return Scott to his Ward 2 seat, the council agreed that it won't seek to punish Scott for any actions taken prior to his December removal. That means the outcome of an ongoing criminal case against Scott will have no effect on his council position.

Scott is currently charged with misdemeanor assault in Hamilton City Court for allegedly jabbing a book into the leg of a city employee at a November meeting about a subdivision planned near Scott's home. Scott has pleaded not guilty in that case and plans to fight the charge.

The settlement also calls for the city to pay $8,000 in legal bills Scott incurred while fighting his dismissal, and states that the council will develop a resolution that clearly outlines how councilors can be disciplined.

When Scott was removed, the council relied in part on an old Montana law that appears to give city councils the right to remove members for what the law calls “improper conduct.” But there's no further description of what constitutes such conduct, and the settlement between Scott and the council should lead to some clarification about how to handle future problems.

Scott and the council also agreed to work on establishing a more positive work environment within the city, and to that end, there'll be a workshop for the council and a meeting for council members and city department heads.

John Schneeberger, of the Human Rights Alliance, said his group was pleased with the outcome, and hadn't particularly relished the prospect of continuing the lawsuit against the city.

“We have great respect for the elected government of the city, but we felt like this was such a violation of the democratic spirit that we had to take an action,” Schneeberger said. “We feel that it's a new day now, with a new council and a new mayor.”

Scott did not return Missoulian phone calls on Thursday.

Reporter Michael Moore can be reached at 523-5252 or at mmoore@missoulian.com.


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