Mountain Water Employees Appeal Condemnation Order, Challenge Mayor’s Offer

Missoula City officials may have been happy with their District Court victory in the Mountain Water Condemnation trial, but Mountain Water Company employees aren’t ready to end the fight. Attorney Gary Zadic says he is currently drafting an appeal for the employees and will ask the District Court and Montana Supreme Court to stay the decision. Zadic accuses Mayor John Engen of pushing Mountain Water employees into a non-enforceable agreement where they are at risk of losing their livelihood.

"This talk by the mayor that well, we will pay you this now and then we will renegotiate," Zadic said. "Under the law, this is called an 'agreement to a agree,' it's not enforceable because it is dependent on a mutual agreement after twelve months or five years. If the mayor just says no that we are going back to this or that or we are going to have to lower you to the line of the city employees. They either have to take that of leave. There is no guarantee against layoffs."

Attorneys for the city of Missoula have expressed confidence that Judge Karen Townsend’s condemnation order will survive scrutiny by the Montana Supreme Court. Zadic is confident his clients will win on appeal and points to a Montana Supreme Court ruling from 1987.

"The Supreme Court of Montana ruled that city's ownership is not more necessary if it harms the employees," Zadic said. "So they refused the condemnation. Well obviously, that is still the law, that case hasn't been reversed, [we now have the ] same parties with the city and of Mountain Water. While [the city] may feel confident, I feel very strong and very confident that this decision that harms the employees is wrong. Fundamentally, morally, legally, the government shouldn't be harming these employees."

In the list of harms to employees, Zadic says the city has refused to match their current benefits package, refused to offer long-term job security, and refused to match market based and merit based wage adjustments.

The official appeal paperwork has not yet been filed, it must be presented within 30 days of the decision, which was handed down by Judge Townsend on Monday.