City moves to ban abusive patrons from city properties

Responding to a recent uptick in disruptive behavior at the Great Falls Public Library, city commissioners voted to accept the first reading of a new city ordinance that would allow Great Falls to ban individuals from city-owned properties for up to a year when they are deemed to be “disorderly or abusive.”

The proposed amendment was prompted by an incident that occurred in October, when a library employee was struck in the arm by an unruly patron.

“There was a man in the library who appeared to be sleeping,” library manager Kathy Mora said Tuesday. “Our written policies state you can’t be sleeping in the library. One of our staff members approached him. We do not touch any patrons and we do not get too close to them. She attempted to wake him, and it took her a couple of attempts by speaking to him. When he awoke he jumped out of his chair and hit her on the arm.”

Mora said library staff immediately called the police, but the man had left the area before officers arrived.

“We did not know his name at that time, and they could not located him,” Mora said. “She (the library employee) declined to press charges.”

Mora said the man was banned from the library premises after he returned two weeks later. While the proposed city trespass ordinance would not have measurably altered the outcome of the incident in October, Mora described it as “another tool that we can use on city property when these types of occasions arise.”

Some in the audience expressed concerns about the potential dampening effect such an ordinance could have on public protests.

“I don’t see anything about appeal, and I see this as wide open to abuse,” Ron Gessaman said.

Gessaman went on to quote an unnamed attorney’s assessment of the ordinance.

“It gives the city manager or his designee discretion to determine if someone is behaving in a disorderly or abusive manner, which as we know could be as little as deciding that they don’t like a member of the public’s persistence in trying to be heard at a meeting,” he quoted.

City Manager Greg Doyon said he understood Gessaman’s concerns, but that an appropriate review process is already in place to address appeals from individuals banned from city property – namely before the Great Falls City Commission.

“If we we’re going to exercise this, and it was done at the request of a department head with appropriate verification and review by the city attorney’s office – if at that point we have exercised all other resources and brought to bear all other ways to address this – the person could still appeal to the commission,” Doyon said. “To be quite honest with you, it would have to be an extraordinary circumstance in order to have that kind of process play out in this chamber.”

A public hearing on the city’s proposed trespass ordinance will take place on Tuesday, Feb. 7, before the Great Falls City Commission.

In other business:

•The city approved $331,872 for the purchase of 45 new firefighting respirators for Great Falls Fire/Rescue. According to Fire Chief Stephen Hester, all of the fire department’s current Self-Contained Breathing Apparatus are now 12 years old or older and no longer meet national firefighting safety standards. The new SCBAs include more durable and heat-resistant face pieces. The city was previously awarded a $298,685 federal grant to pay 90 percent of the SCBAs’ replacement cost. The total cost to the city will be limited to $33,187.

•Commissioners accepted the first reading of an amendment to expand the reasons why a city official can be removed from office. “Recently a member of the Great Falls Transit District Board was removed based on continued absence from regularly scheduled board meetings,” a commission agenda report states. “City staff discussed the need for additional criteria by which members of boards, commissions and councils may be removed … as the only current stated reason for removal of members is for attendance.” The proposed amendment would allow the commission to consider neglect of duties, physical or mental inability, unethical acts and criminal behavior as reasons for a city official’s removal from office.

•The commission approved a first reading of an amendment to change filing dates for candidates to Great Falls’ neighborhood councils. If approved the amendment would bring the neighborhood council filing dates in line with those of the mayoral and city commission candidates. Current city ordinance schedules neighborhood council filings within 30 days after each election. The amendment calls for all filings to be completed on or before Jan. 30.