Planning and Politics

Ravalli County Administrator Alleges Defamation, Sues Commissioner, Board of Realtors

By Matthew Frank, 5-24-07

The Floodplain Administrator for the Ravalli County Planning Office, Laura Hendrix, has filed suit against Ravalli County Commissioner Howard Lyons and the Bitterroot Valley Board of Realtors claiming she has been threatened, intimidated and defamed, among other charges, over the course of the past year.

The lawsuit comes in the wake of a grievance filed by Hendrix against Lyons in early April alleging that Lyons acted with aggression and hostility toward her during a one-on-one meeting, during which Lyons allegedly accused Hendrix of interfering with real estate development. The suit is also in response to a purportedly fraudulent article distributed by the Board of Realtors in June 2006 that questioned Hendrix’s character and accused her of using floodplain regulations as a “stick to beat the people with.”

The lawsuit, though specific in scope, points to a greater struggle in Ravalli County and much of western Montana and the Rocky Mountain West between anti-development interests, pro-development interests and county governments about how land is used—and it often leads to tension and conflict. Disputes are not always solved politely. Lawsuits are filed. Elected officials are accused of being mouthpieces for interest groups. Debates are waged through letters to the editor and mass emails. All of these tend to focus the argument on politics and special interests, rather than on smart community development and healthy growth.

Hendrix’s lawsuit against Lyons stems from a closed-door meeting between the two on April 11. During the meeting, which was initiated by Lyons, he warned Hendrix to “watch her back” as the result of information he supposedly received following contact with a “constituent.” Lyons has refused to disclose who the constituent was.

A May 23 letter to Hendrix from the Board of County Commissioners in response to the grievance—signed by all three commissioners, including Lyons—states: “It is our position that your grievance is valid and that we, the Board of County Commissioners, have an obligation not only to acknowledge that you have been treated in a manner inconsistent with County policy, but to also take corrective action to ensure you are afforded the opportunity to work in a safe, professional, and supportive environment.”

A day later, the lawsuit was filed.

The lawsuit claims that Lyons violated the Montana Anti-Intimidation Act, intentionally inflicted emotional distress, and violated Hendrix’s constitutional rights.

The case against the Bitterroot Board of Realtors is based on the article circulated via email and published as a paid advertisement in the Bitterroot Star in June 2006. The article, the lawsuit alleges, “was nothing less than a blatant attempt to intimidate (Hendrix) by character assassination and public vilification, and to pressure (Hendrix) to back off from enforcement of her legal duties and responsibilities to the public….” The Board of Realtors is being accused of defamation, wrongful interference of contract, and negligence.

Around the time the article was circulating, Hendrix received a letter warning her she was “going down.” Hendrix has also been subject to vandalism, which she believes is directly related to her work as Floodplain Administrator.

“The primary purpose (of the lawsuit) is to bring the issue to the light of day,” Hendrix’s attorney Stacey Weldele-Wade said, for Hendrix’s personal safety and to clear her name. “We’re trying to get Mr. Lyons to communicate who the constituents were.”

Laura Hendrix declined to comment, other than to say, “I think the lawsuit speaks for itself.”

Howard Lyons is in the midst of a campaign to keep his seat on the Board of County Commissioners. He is running against Carlotta Grandstaff, and elections are being held June 5. Lyons wasn’t available for comment.

Ravalli County Attorney George Corn, when asked if the county would have to represent Lyons in court, explained that Ravalli County, along with several other counties, are in an insurance pool to help pay for defense in lawsuits. But for Lyons’ defense expenses to be covered by the insurance, it must be determined that he acted within the “scope and course” of his job.

“I’d be astonished if they find this is within the scope and course of his employment,” Corn said.

“Commissioners (Greg) Chilcott and (Alan) Thompson have acted appropriately through all of this,” Corn added, referencing the letter all three commissioners signed apologizing for the incident.

Commissioner Greg Chilcott wasn’t able to say what the “corrective action” against Lyons referred to in the letter might be. What he did say, however, was that there needs to be training for newly elected officials “to introduce them to the staff, the organizational chart, labor laws” and the like.

Current training doesn’t explain “the local chain of command,” Chilcott said. Hendrix is an employee of the planning department and her supervisor is planning director Karen Hughes. According to the chain of command, if Lyons had a grievance with Hendrix, he should have taken it up with Hughes and not gone directly to Hendrix.

The lawsuit requests “all damages allowed by law” for each of the allegations and a jury trial, which has yet to be scheduled. 

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