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1 Dorie Benesh Refling Jessica Penkal Hodges REFLING LAW GROUP PLLC 233 Edelweiss Drive. Ste loa Bozeman. MT Tel: (406) Fax: (406) ~ALlATIt. c:'~:u~~~;erk Of 01 ST:. " l ','.'.r.-,...- ""', -, ',' JENN:r.i.. ;;'., t:"'" '1 r'1 (':ii) JUN 7 I'll v ;:",J i;u;:\) BY --- DEPUTY L Attorneys for Plaintiffs MONTANA EIGHTEENTH JUDICIAL DISTRICT COURT, GALLATIN COUNTY JOHN MALONEY, PATRICK STRANAHAN and CAROLYN FIFER, v. Plaintiffs, BRIDGER CANYON RURAL FIRE DEPARTMENT BOARD OF TRUSTEES, Cause No. DV- 13 -?P:J 6 I COMPLAINT AND DEMAND FOR JURY TRIAL I :itt-mmora Defendant. Plaintiffs, JOHN MALONEY, PATRICK STRANAHAN and CAROLYN FIFER, for their complaint against the Defendant, allege as follows: I. Plaintiffs are residents of Gallatin County, Montana. They reside and own real properties in the Bridger Canyon Rural Fire District ("BCRFD"). 2. Defendant BCRFD Board oftrustees ("Board") is the governmental entity responsible for governing and managing the BCRFD. 3. This Court has subject matter jurisdiction over this action pursuant to , MeA. 4. Personal jurisdiction over the parties to this action is pursuant to Rule 4. M.R.Civ.P. PAGE I

2 5. Venue is proper in this Court, pursuant to , MCA, which provides a civil action against a political subdivision is proper in the County where the political subdivision is located. FACTS COMMON TO ALL CLAIMS 6. BCRFD is an unincorporated territory within Gallatin County, Montana. 7. The Gallatin County Board ofcommissioners established the BCRFD to provide the BCRFD area with fire protection services. 8. The Board consists offive trustees. Upon information and belief, before this dispute arose, one ofthe trustees was a volunteer firefighter for BCRFD. Since this dispute arose, three ofthe trustees are volunteer firefighters for BCRFD. 9. The BCRFD operates out ofa firehouse located at 8081 Bridger Canyon Road, Bozeman, Montana. 10. In 2012, some BCRFD residents requested the Board change BCRFD's noalcohol policy to allow alcohol to be served and consumed at functions held in a training/community room located in the firehouse. 11. Upon information and belief, the no-alcohol policy created a months-long heated debate between the Board and the firefighters. Chief Dan Anstrom and most ofthe BCRFD firefighters wanted to maintain the no-alcohol policy for public safety and liability issues. The Board initially supported revising the no-alcohol policy. Although the Board voted against changing the no-alcohol policy in December 2012, a contentious relationship formed between the Board and the firefighters, which became progressively worse. 12. Upon information and belief, the Board began treating ChiefAnstrorn and the firefighters in a degrading and hostile manner. Shortly after the alcohol vote, the Board PAGE2

3 conducted a perfonnance evaluation ofthe Chief which was perceived by the Chiefand firefighters to be in retaliation for the Chiefs support ofthe no-alcohol policy. The Board denied the firefighters the opportunity to participate in ChiefAnstrom's review. The Board failed to participate in mediations proposed by ChiefAnstrom on two occasions in early The Board denied firefighters the opportunity to speak at public meetings, and it raised private personnel matters in an open meeting. 13. The Board's conduct created a hostile environment which made it impossible and intolerable for ChiefAnstrom to perform his duties as fire chiefofbcrfd. As a result, Chief Anstrom and fifteen volunteer firefighters were constructively discharged between May 20 and May 22, Upon information and belief, the BCRFD is currently staffed by four firefighters qualified to respond to emergency calls. 15. The BCRFD covers approximately forty square miles ofrural, mountainous and forested terrain, within which approximately 1500 people reside in 600 homes. According to recent news reports, it is predicted Montana will have a very active wildfire season. COUNT ONE - VIOLATION OF , MeA 16. Plaintiffs reassert the allegations set forth above. 17. The Board has a duty to provide adequate and standard firefighting and emergency response personnel for the protection ofthe BCRFD and its residents, including the Plaintiffs. 18. The Board breached its duty, and continues to breach its duty, by failing to provide adequate and standard personnel for the protection ofthe BCRFD and its residents. PAGE 3

4 19. The Board's failure constitutes a violation of , MCA. The violation has damaged the Plaintiffs. In particular, the violation dramatically and unreasonably increases the likelihood ofsevere physical injury to the Plaintitrs personally and to their properties. part: COUNT TWO - VIOLATION OF THE PUBLIC RIGHT TO PARTICIPATE 20. Plaintiffs reassert the allegations set forth above. 21. The Constitution ofthe State ofmontana, Article 11, 8, provides in relevant The public has the right to expect governmental agencies to afford such reasonable opportunity for citizen participation in the operation ofthe agencies prior to the final decision as may be provided by law. 22. In conjunction with the constitutional right to participate, , MCA, provides as follows: Procedures for assisting public participation must include a method ofaffording interested persons reasonable opportunity to submit data, views, or arguments, orally or in written form, prior to making a final decision that is ofsignificant interest to the public. 23. The Board routinely failed, and continues to fail, to provide adequate notice of public meetings, and failed to adopt any policies or procedures to facilitate public participation in Board meetings. The Board is inconsistent in where it posts notices of meetings. Sometimes it posts notices on a website, at the fire station, or both. 24. The Board posted a notice on the fire station door for a public meeting to take place on June 20, The meeting held on May 20, 2013, not June 20, 2013, was the meeting during which Chief Anstrom was constructively discharged. The failure to properly notice the May 20, 2013 meeting means the action taken by the Board is void , MeA. 25. The Board did not give any notice ofa public meeting held on May 22,2013 at 7:00 p.m. at the tire station. During this meeting, a quorum ofthe Board members met, PAGE4

5 discussed Board business, and made a decision which was ofsignificant interest to the public. During this meeting, the Board determined it would not participate in mediation. As a result, several firefighters were constructively discharged in that the Board's conduct further created an intolerable work environment. The Board's failure to properly notice the May 22, 2013 meeting means the action taken by the Board is void , MCA. 26. The Board's failure to take steps to afford interested persons the reasonable opportunity to be heard before the Board made a "final decision that is ofsignificant interest to the public" violated the public's right to participate. 27. Plaintiffs have as a direct and proximate result ofthe constitutional and statutory violations committed by the Board, suffered and are at risk ofsuffering direct, incidental and consequential damages. Plaintiffs are entitled to an award ofattorneys' fees and costs for having to bring this action , MeA. COUNT THREE - DECLARATORY JUDGMENT PURSUANT TO THE UNIFORM DECLARATORY JUDGMENT ACT, , et seq., MCA 28. Plaintiffs reassert the allegations set forth above. 29. Plaintiffs seek a ruling from this Court, pursuant to , MCA, declaring the rights, status and other legal relations ofthe parties to this action. 30. Plaintiffs seek a ruling from this Court that the Defendants have violated , MCA, to the detriment ofthe residents ofbcrfd. 31. Plaintiffs seek a ruling from this Court that the Defendants have the public's constitutional and statutory right to participate, to the detriment ofthe residents of BCRFD. 32. Plaintiffs seek a declaration from this Court that they are entitled to damages, including attorneys' fees and costs, equitable relief, and such other relief as this Court may find just and proper. PAGE 5

6 WHEREFORE, the Plaintiffs pray for judgment as follows: 1. The Court determine and declare the Board violated , MCA; 2. The Court determine and declare the Board failed to adequately notify residents that will be substantially impacted by the Board's decision, in violation ofthe public's right to participate; 3. The Court determine Plaintiffs are entitled to damages, including attorneys' fees and costs, 4. All declaratory reliefallowed pursuant to the Montana Uniform Declaratory Judgment Act including both declaratory and supplemental reliefallowable pursuant to the matters raised in the Complaint; and any other reliefthe Court shall deem to be just and proper. DATED this f{!::- day ofjune, REFLING LAW GROUP PLLC By: ----'-----:*-f "''"'''<;:--- PAGE6

7 _.._----.._ VERIFICATION STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) JOHN MALONEY, being first duly sworn upon oath, deposes and says: That he is a Plaintiff in the above-captioned matter; he has read the foregoing complaint; he knows the contents thereof; and the facts and matters therein contained are true and complete to the best ofhis knowledge and belief. Subscribed and sworn to before me this -Mday ofjune, /'~~~~~~~"" "DORI ENESH REFLING -,~",.., "~"'" Notary Public STATE OF MONTANA )?g:~otari"1,.'7. ~ for the State of Montana :ss : ~ '. "I-:A'-L : ~: Residing at: :'"l!l~ :1. ~.. ' ~/ Bozeman, Montana COUNTY OF GALLATIN ) ",toi:'m~~-' My Commission Expires: I,,, ',,,,, May 01, 2016 CAROLYN FIFER, being first duly sworn upon oath, deposes and says: That he is a Plaintiffin the above-captioned matter; he has read the foregoing complaint; he knows the contents thereof; and the facts and matters therein contained are true and complete to the best ofhis knowledge and belief. ~~ c~ Subscribed and sworn to before me this ~day ofjune, ", 'I,. DORIE _" ''?>t.~e.~11 ";:"" EFLI NG ~'~'"..~'" '!,: Notary Public! a.."o"mj"'i '~': tor the State of Montana ~~:. c.~ - '.:~~ Rasidlngat: "'.<I)..;)l:.,Al.. 1ir.: Bozeman, Montana.'1;..:.j:. ";~'6i:M(:""'''''-' My Commission Expires: ""I.", :.. " May 01, 2016 PAGE 7