Council votes to vacate seat

The Whitehall Town Council voted Monday night to vacate the seat of Ward 1 member Katy James.

In her motion to declare the vacancy, Council Member Montina Rawson referenced Montana Code 7-4-4-4111 “Determination of vacancy in municipal office”.

Rawson said Section 7 of the code states “the incumbent’s ceasing to be a resident of the city or town or, in the case of a city council member, ceasing to be a resident of the city council member’s ward. This subsection does not apply to an appointed municipal officer who resides outside the city or town limits with the approval of the city or town governing body and within a distance of the city or town approved by the governing body.”

James was originally sworn into the position January 3 after questions about the residency of what Ward she resided in.

Prior to the vote Monday, James said she finds it very interesting that certain individuals are saying she should be removed from the Council when no one else is coming forward to challenge her position. James said when she registered to run for office, she was told by the Jefferson County Clerk and Recorder that she was a resident of Ward 1.

At a November of 2017 meeting, Town Attorney Ed Guza said the governing body needs to discuss the matter of James sitting on a Ward 1 seat when she does not live there, and is instead a resident of Ward 2.

Moments before James was sworn in January 3, Mayor Mary Janacaro-Hensleigh addressed concerns from the governing body and residents.

Janacaro-Hensleigh said Jefferson County Election Administrator Bonnie Ramey certified James for the position. She told Council and the audience that if there are questions as to whether or not James lives in Ward 1, there is a legal process they can pursue if they have a problem with her being on the Council. Janacaro-Hensleigh said earlier this year if it is determined James is not eligible, she would be removed, but until that happens she felt it was important to swear her in and follow the process laid out to her.