.::The Montana Standard::.

Letter: Babb had his day in court over wrongful discharges

By Merridy Taylor - 10/30/2008

Paul Babb said at the Butte-Silver Bow chief executive's debate last week that he never got "his day in court" over the

unlawful firing of county employees that ultimately cost Silver Bow County taxpayers nearly a million and a half dollars.

The truth is Babb did get his day in court. A federal judge heard the arguments about Babb's actions and found that he broke the law. Now that wasn't really news since the county attorney had already told Babb that he was breaking the law before he went ahead and did it anyway.

But after the federal judge ruled that Babb broke the law, the only question left to answer was how much Babb and the taxpayers were going to have to pay for what Babb did. The answer: Taxpayers paid $1.4 million. Babb paid zero. I'm not sure how that breaks down percentage-wise, but I think the taxpayers got the short end of the stick.

So if Babb really wanted "his day in court" then you have to ask yourself why he didn't just refuse to accept the $1.4 million taxpayer bail-out that got him off the hook. If Babb truly wanted "his day in court," then why did he settle and stick the taxpayers with the bill for something he did? We didn't break the law. So how come we had to pay while Babb got off scot free? Are we

expected to pay his parking tickets, too? That's a sweet deal.

So before you go to vote on Election Day, think of all the other things Silver Bow County could have done with $1.4 million instead of bailing out Babb. When your kids are wishing they had an outdoor swimming pool, think of Babb. If you wish we could hire a misdemeanor probation officer, think of Babb. When your car hits a pothole that's been there for what seems like forever without getting fixed, think of Babb. And then when Babb asks you for your vote, I think it's fair to tell him you already gave at the office.

Merridy Taylor

260 Little Basin Creek Road

Butte

Civil Dialogue:

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Reader Comments:

rudeone wrote on Nov 1, 2008 10:25 AM:

" Judy Jacabson replaced her secretary as I believe Jack Lynch did before her and they both still continued to work for the County. When Paul Babb does the same, Dinah McCleod gets a quarter million and a job with the sheriffs office. Go figure.

When Mary McMahons Chief Deputy gets terminated and replaced it's a big secret! How does that work? "

goldie wrote on Oct 31, 2008 2:19 PM:

" Mr. Geach, I think maybe you have something else on your mind, it is not Judy Marx, the name is Judy Martz - not Marx!
You need not get all befuddled as to why Schweitzer was allowed to discharge Martz's staff. You do not need to fret about their well being now. No, they are grown-ups Mr. Geach, and if they felt they were discharged illegally they would have brought suit by now, and won, just like the Butte/Silver Bow employees did. Get it? Of course you do, you always did, but it is not beneath you to suggest otherwise is it? "

instantkarma wrote on Oct 31, 2008 9:57 AM:

" "I would like someone to explain to me why Gov. Schewitzer was allowed to discharge Marx's staff when Babb was not?"
I agree with your comment, "good cause" should be better defined, but the Marx slip up just cracked me up. priceless. "

mark0843 wrote on Oct 31, 2008 9:23 AM:

" Merridy,

That letter really hits where we live. Great letter, well put. "

Robert D. Geach Sr. wrote on Oct 31, 2008 8:57 AM:

" This "wrongful discharge suit" had no basis in law and the magistrate should have tossed it out of her court...If she hadn't been a Democrat appointee, she wouldhave...there's the bias.
After a search of Montana Code Annotated 2005, I believe the magistrate's ruling was based on section (b) of the Montana Wrongful Discharge statute (MCA 39-2-904) which prohibits discharge if it was not for "good cause." Thus an element in a wrongful discharge suit.
Point 1: However, I have a problem with the meaning of "good cause." I don't know what "good cause" means. My opinion is that jurists, initially nor subsequently, don't know either, nor lawyers, plaintiffs, employers, employees, nor the magistrate who tried the case, nor anyone, because it's not "spelled out" in the statute. (It's up for grabs.). "Good cause" could be interpreted to mean anything. Take your pick. Hence, it's a meaningless term. Let me elaborate.
I'm willing to gamble that if you asked 100 people what "good cause" means, you'd get 100 different responses. If you can't get a consensus, then the term "good cause" has to be meaningless, and as a consequence , it has to follow that the law itself has to be construed meaningless because no one, including our legal betters, can now conclude what the law means, without partiality.
How, then, can a lawsuit proceed and a ruling arrived at, based on a law that is meaningless? How can you break a law that is meaningless?
It also has to follow that a personnel policy (section (c) of aforementioned statute) based on "good cause" has to be construed just as meaningless.
Point 2. I believe wrongful discharge also requires proof of "implied employment." Was there any presumption of "implied employment" given plaintiffs by the new administration? I think not, and I'm not sure the issue was even addressed before the court.
Conclusion: The world of adjudication is a dark and murky place, and a crap shoot. On the come-out roll, the taxpayers ended up with 'snake eyes," (they lost), and the plaintiffs, seven, (they won)....Wrongful discharge theory didn't stopped Gov. Schweitzer from replacing Gov. Judy Marz's staff with staff of his own when he assumed office. Of course, it didn't because he's a Democrat and laws are adjudicated differently when a Democrats is involved... I would like someone to explain to me why Gov. Schewitzer was allowed to discharge Marx's staff when Babb was not? "

you called someone an idiot, a racist, a dope, a moron, etc. Please, no name-calling or profanity (or veiled profanity -- #$%^&*).

you rambled, failed to stay on topic or exhibited troll-like behavior intended to hijack the discussion at hand.

YOU SHOUTED YOUR COMMENT IN ALL CAPS. This is hard to read and annoys readers.

you have issues with a business. Have a bad meal? Feel you were overcharged at the store? New car is a lemon? Contact the business directly with your customer service concerns.

you believe the newspaper's coverage is unfair. It would be better to write the editor at editor@mtstandard.com, or call Editor Gerry O'Brien at 496-5513 or Opinion Editor Roberta Stauffer at 496-5514. This is a forum for community discussion, not for media criticism. We'd rather address your concerns directly.

you included an e-mail address or phone number, pretended to be someone you aren't or offered a comment that makes no sense.

you accused someone of a crime or assigned guilt or punishment to someone suspected of a crime.

your comment is in really poor taste.
The Montana Standard reserves the right to remove comments considered inappropriate for the community forum.

Letter: Babb had his day in court over wrongful discharges

By Merridy Taylor - 10/30/2008

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