Fire board should seek legal opinion on assessing crash fees
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Editor,
A person reading the Montana statute (MCA 7-33-2105, Powers and Duties of Trustees) would conclude that the Polson Rural Fire District Board of Trustees does not have the authority to impose "crash fees" when the fire department responds to a traffic accident. When the board was asked if they had ever requested a legal opinion supporting their proposed crash fee program, they said they had not.
At the recent meeting I formally requested that they obtain a written legal opinion from the Montana Attorney General before implementing the program. The response from trustee Clapp (as acting chairman) was, "We've made the decision to proceed." He then stated, "If a member (trustee) wanted to put it (my request) on the agenda (for next month), we will do that." Not one of the members indicated they wanted it on the next agenda.
Without a supporting legal opinion, the board increases the likelihood of costly legal fees to defend their actions. Of course these costs will be born by taxpayers, so not to worry.
Obtaining a legal opinion from the Attorney General does not cost the rural fire district anything. This is one of the job functions of the Attorney General. In my opinion, the boards' attitude was: We don't care about laws, we're going to do what we want. Will the board make the request? I'm not betting on it.
Tom Eddy
Polson
