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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¶44 Denke contends that the hearing examiner erred in applying § 2-9-111, MCA, to the case at hand. She points out that in Dagel v. City of Great Falls, 250 Mont. 224, 819 P.2d 186 (1991), this Court held that “harassment by a supervisor” is not a “legislative act” under § 2-9-111, MCA. See Dagel, 250 Mont. at 233, 819 P.2d at 191. Denke argues that *337“(j]ust as harassment is not considered a ‘legislative act’ under the statute, neither should retaliation be so considered.” In addition, relying in large part on Bechard v. Rappold, 287 F.3d 827 (9th Cir. 2002), Denke argues that “the City’s regulation of the meeting was more administrative in nature than legislative.” See § 2-9-111(1)(c)(ii), MCA (stating that “the term legislative act does not include administrative actions undertaken in the execution of a law or public policy”).

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