Denke v. Shoemaker, 2008 MT 418 (2008)

Citation: Denke v. Shoemaker, 2008 MT 418 (2008)
Parent Document: Denke v. Shoemaker, 2008 MT 418 (2008)
Jurisdiction: Montana (state)
Effective Date: 2008-12-16
Original Source: https://www.courtlistener.com/opinion/888205/denke-v-shoemaker/ ↗

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¶42 As noted in the background discussion above, the hearing examiner did not reach the question of whether the manner in which the City conducted the council meeting constituted unlawful retaliation. The examiner did determine that (1) “Denke presented evidence that. . . the city subjected her to coercion, intimidation and harassment” and (2) “All of the conduct at issue in this case occurred while Denke’s prior complaint against the city was pending or within six months after its resolution. Thus, she is entitled to the disputable presumption of retaliatory motive.” However, the examiner did not address whether the City had overcome this presumption. Rather, the examiner reasoned that (1) “the council could have limited [comments made during the meeting], in terms of time or topic,” but (2) “whether and how to limit comment during a council meeting is a legislative act.” The examiner concluded that for such legislative acts, the City is immune from suit under § 2-9-111, MCA, and, having reached this conclusion, decided that “no further analysis is necessary” regarding the manner in which the City conducted the meeting.

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