Council signs off on $50,000 for Bonney

By John Grant Emeigh - 08/21/2008

The Butte-Silver Bow Council of Commissioners Wednesday forked over about $50,000 in back wages due a public works employee who was wrongfully fired.

Without any fanfare, the council approved a request from the county’s personnel director Tim Clark to authorize the settlement and give the back wages to Tony Bonney. Chief Executive Paul Babb agreed to sign the settlement.

Bonney’s employment was terminated from the Water Utility Division of Public Works in May 2006 for eight separate items of alleged misconduct. Bonney challenged his firing, and in April an arbitrator ruled that Bonney’s discharge was unjust and forced the county to reach a settlement with him.

The settlement between union officials representing Bonney and the county includes $1,371 in longevity pay and $7,223 to Bonney’s pension. The county also would restore the vacation hours and sick leave hours accrued between July 24, 2006, and April 25, 2008.

After being fired, Bonney received $3,294 for payout of accrued vacation and sick hours. That amount would be deducted from the back wages and vacation hours owed to Bonney, according to the settlement.

Bonney has a lawsuit pending against the county in federal court claiming his firing was improper and retaliatory.

The seven-page lawsuit alleges former Public Works Director John VanDaveer and Bonney’s supervisor, Jean Pentecost, fired Bonney for complaining about an overtime policy.

Babb said after Wednesday’s council meeting that the settlement he signed has nothing to do with the pending lawsuit.

In other business, the council set up a public hearing over a proposed tax abatement for a company that wants to relocate its business off Harrison Avenue.

The public hearing will address a controversial proposal to give a tax abatement to Tri-City Inc. which wants to develop a 20,000-square-foot retail development in the 3600 block of Harrison Avenue. This issue is sensitive to many business owners already set up along Harrison Avenue that haven’t receive any tax breaks.

A public hearing on this proposal was set for the council’s Sept. 3 meeting.

Karen Byrnes, the county’s director of community development, explained the four-year abatement would save the developer about $66,000 for the $2.2 million investment. The developer plans to buy the property, which would allow the relocation of Carquest Auto Parts Store, a stand-alone Carquest Welding and propane store and a new Aaron Rents, a rent-to-own store.

District 7 Councilman Mark Moodry said he’s spoken with several business owners along Harrison Avenue and he said some were “outraged” by this proposal. Moodry said some believes the abatement isn’t fair to established businesses.

He added that this development is simply relocating Butte businesses to another part of town.

“We’re not necessarily creating new businesses,” Moodry said.

In a separate matter, Ristene Hall asked the council if she could still run for the District 8 seat on the council even though she was temporarily living outside her district. Hall’s home at 1900 Wall St. was heavily damaged by a fire on Aug. 6. She’s now staying temporarily in a home a few blocks outside of District 8.

Hall said she and her husband plan to restore her home on Wall Street.

“We are going to rebuild the exact same house,” she told the council.

Chief Deputy County Attorney Eileen Joyce said the council couldn’t address the issue, and that it would probably be a matter for the courts to decide if someone challenged her on that issue. As of Wednesday evening, no one has challenged Hall for the District 8 seat.

District 5 Councilman Charlie O’Leary said he didn’t foresee Hall having any problems with her candidacy if she was planning to return to her district.