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HomeMy WebLinkAbout19- Answer to Complaint - City of Bozeman Randy J. Cox Natasha Prinzing Jones John M.Newman BOONE KARLBERG, P.C. P.O. Box 9199 Missoula, MT 59807-9199 Tel.: (406) 543-6646 Fax: (406) 549-6804 rcox@boonekarlberg.com npjones@boonekarlberg.com jnewman@boonekarlberg.com Attorneys for Defendants City of Bozeman, Cyndy Andrus, City Commissioners, and John and Jane Doe I-30 Public Employees/Officials MONTANA EIGHTEENTH JUDICIAL DISTRICT COURT GALLATIN COUNTY ROGER KOOPMAN, et al., Cause No. DV-18-1166B Hon. Rienne H. McElyea Plaintiffs, V. CITY OF BOZEMAN, et al., Defendants. Cause No. DV-18-1215C ROGER KOOPMAN, et al., Hon. John C. Brown Plaintiffs, V. DEFENDANTS' ANSWER CITY OF BOZEMAN, et al., Defendants. Defendants City of Bozeman, Cyndy Andrus, City Commissioners, and John and Jane Doe 1-30 Public Employees/Officials (collectively, "the City"), hereby admit, deny, or otherwise answer the allegations in Plaintiffs' Complaint as follows: - 1 - I. Answering the allegations of Paragraph 1, they state legal conclusions to which no response is required. 2. Answering the allegations of Paragraph 2, they state legal conclusions to which no response is required. 3. Answering the allegations of Paragraph 3, they state legal conclusions to which no response is required. 4. Answering the allegations of Paragraph 4, they state legal conclusions to which no response is required. 5. Answering the allegations of Paragraph 5, the City admits that at its regularly-scheduled meeting of July 23, 2018, the City Commission voted unanimously to adopt Resolution 4936, a resolution submitting to the qualified electors of the City of Bozeman the question of issuing general obligation bonds for the Bozeman Public Safety Center(`BPSC") in the aggregate principal amount of up to $36,965,000.00 for the purpose of paying, with other available funds of the City, the costs of designing, constructing, equipping, and furnishing the BPSC. 6. Answering the allegations of Paragraph 6, the City admits that as a result of the deteriorating status of the Gallatin County Law and Justice Center and Bozeman Fire Station No. 1, the City identified replacement facilities for the Bozeman Police Department, Bozeman Fire Department, Bozeman Municipal Court, and Prosecution and Victims Services as a critical public safety infrastructure need. The City denies any remaining allegations of Paragraph 6. 7. Answering the allegations of Paragraph 7, the City admits that bond measures to construct public safety facilities failed in 2014 and 2016. The City lacks knowledge or information sufficient to form a belief as to the truth of the remaining allegations of Paragraph 7, and therefore denies the same. -2 - 8. The City denies the allegations of Paragraph 8. 9. Answering the allegations of Paragraph 9, the referenced City Commission meeting was recorded, and the recording represents the official transcript of the meeting. The transcript speaks for itself. To the extent a response is required, the City denies the allegations of Paragraph 9. 10. The City denies the allegations of Paragraph 10. 11. The City denies the allegations of Paragraph 11. 12. The City admits the allegations of Paragraph 12. The City affirmatively states that Montana law requires it to register as an incidental political committee in order to educate electors regarding the impact of passage or failure of a ballot issue on local government operations. 13. The City admits the allegations of Paragraph 13. 14. Answering the allegations of Paragraph 14, City's committee finance reports, which the City filed with the Montana Commissioner of Political Practices ("COPP") in accordance with Montana law, speak for themselves. 15. Answering the allegations of Paragraph 15, City's committee finance reports, which the City filed with the COPP in accordance with Montana law, speak for themselves. 16. Answering the allegations of Paragraph 16, the City admits that certain City officials and employees began meeting with representatives of the The Nest Collective, LLC ("Nest") in May 2018 to discuss the City's effort to educate electors regarding the impact of passage or failure of the BPSC bond on local government operations. The City denies the remaining allegations of Paragraph 16. - 3 - 17. Answering the allegations of Paragraph 17, the City admits that certain City officials and employees met with representatives of Nest on a weekly or semi-weekly basis between May 2018 and the election on November 6, 2018 to discuss the City's effort to educate electors regarding the impact of passage or failure of the BPSC bond on local government operations. The City denies the remaining allegations of Paragraph 17. 18. Answering the allegations of Paragraph 18, the City admits that pursuant to contract,Nest developed a communications plan and printed materials for the City's use in its effort to educate electors regarding the impact of passage or failure of the BPSC bond on local government operations. Nest's invoices to the City, which describe in detail Nest's activities pertaining to the BPSC bond, and which the City disclosed to the COPP as attachments to the City's committee finance reports, speak for themselves. 19. Answering the allegations of Paragraph 19, City's committee finance reports, which the City filed with the COPP in accordance with Montana law, speak for themselves. 20. The City denies the allegations of Paragraph 20. The City affirmatively states that Deputy Mayor Chris Mehl, City Commissioner Terry Cunningham, and former Mayor Carson Taylor formed Bozeman Citizens for Safety ("BCFS") in their private individual capacities as citizens of Bozeman, and that the City neither directed, participated in, coordinated with, nor played any role regarding the formation and operation of BCFS. 21. The City lacks knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 21, and therefore denies the same. 22. Answering the allegations of Paragraph 22, the City admits that Chris Mehl and Terry Cunningham are City elected officials, and that their names appear on the BUS Statement of Organization filed with the COPP. The Statement of Organization speaks for itself. -4 - 23. The City lacks knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 23, and therefore denies the same. 24. The City admits the allegations of Paragraph 24. 25. Answering the allegations of Paragraph 25, the City admits that BCFS's political committee finance reports filed with the COPP list the sources of BCFS's funding. The finance reports speak for themselves. 26. Answering the allegations of Paragraph 26, the City admits that BCFS's political committee finance reports list contributors to BCFS. The finance reports speak for themselves. The City lacks knowledge or information sufficient to form a belief as to the truth of the remaining allegations of Paragraph 26, and therefore denies the same. 27. The City denies the allegations of Paragraph 27. 28. The City denies the allegations of Paragraph 28. 29. The City denies the allegations of Paragraph 29. 30. The City denies the allegations of Paragraph 30. 31. The City lacks knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 31, and therefore denies the same. 32. The City lacks knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 32, and therefore denies the same. 33. The City lacks knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 33, and therefore denies the same. 34. Answering the allegations of Paragraph 34, the City admits it is a political subdivision of the State of Montana, acting pursuant to its Charter and self-government powers. - 5 - 35. Answering the allegations of Paragraph 35, the City admits that Cyndy Andrus is the Mayor of Bozeman, and has a duty to perform the functions of her office according to Montana law. The City further admits that in her private individual capacity as a citizen of Bozeman, Mayor Andrus contributed to BCFS and wrote a November 4, 2018 letter to the editor of the Bozeman Daily Chronicle advocating for a"yes" vote on the BPSC bond. The City affirmatively states that pursuant to Montana Attorney General Opinion No. 51-1, Mayor Andrus was permitted to refer to herself as the Mayor of Bozeman in her November 4, 2018 letter. The City further admits that Mayor Andrus participated in meetings with City officials and employees and representatives of Nest regarding the City's effort to educate electors regarding the impact of passage or failure of the BPSC bond on local government operations. The City denies the remaining allegations of Paragraph 35. 36. Answering the allegations of Paragraph 36, the City admits that Chris Mehl, Terry Cunningham, and Jeff Krauss are City Commissioners, reside in Bozeman, and have a duty to perform the functions of their offices according to Montana law. The City further admits that BCFS's political committee finance reports list contributors to BCFS. The finance reports speak for themselves. Upon information and belief, the City denies that BCFS held any committee meetings. and therefore denies that Chris Mehl, Terry Cunningham, or Jeff Krauss attended such meetings. The City denies the remaining allegations of Paragraph 36. 37. Answering the allegations of Paragraph 37, the City admits that I-Ho Pomeroy is a City Commissioner and has a duty to perform the functions of her office according to Montana law. The City denies the remaining allegations of Paragraph 37. 38. Answering the allegations of Paragraph 38, the City admits that pursuant to contract,Nest developed a communications plan and printed materials for the City's use in its effort to educate -6 - electors regarding the impact of passage or failure of the BPSC bond on local government operations. The City either denies, or lacks knowledge or information sufficient to form a belief as to the truth of and therefore denies, the remaining allegations of Paragraph 38. 39. Answering the allegations of Paragraph 39, the City admits that City officials and employees used City time and resources to educate electors regarding the impact of passage or failure of the BPSC bond on local government operations, and that City employees tracked their time in this regard in spreadsheets which were compiled and attached to the City's committee finance reports submitted to the COPP. Those reports speak for themselves. The City denies the remaining allegations of Paragraph 39. 40. The City denies the allegations of Paragraph 40. The City affirmatively states that the Court lacks subject-matter jurisdiction over Plaintiffs' claims under Montana Code Annotated §§ 2-2-121 and 13-35-226 due to a lack of justiciable controversy, both generally and under the Montana Uniform Declaratory Judgments Act, § 27-8-101 et seq. 41. The City admits the allegations of Paragraph 41. 42. The City denies the allegations of Paragraph 42. The City affirmatively states that absent an underlying Title 13 violation, prosecuted and proven by the COPP in accordance with Montana law, the Court lacks jurisdiction over Plaintiffs' § 13-35-107 claim. 43. The City admits the allegations of Paragraph 43. The City does not contest venue. 44. The City lacks knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 44, and therefore denies the same. 45. Answering the allegations of Paragraph 45,the City admits it is a political subdivision of the State of Montana, acting pursuant to its Charter and self-government powers. - 7 - 46. The City denies the allegations of Paragraph 46. The City affirmatively states that the Court lacks subject-matter jurisdiction over Plaintiffs' claims under Montana Code Annotated §§ 2-2-121 and 13-35-226 due to a lack of justiciable controversy, both generally and under the Montana Uniform Declaratory Judgments Act, § 27-8-101 et seq. 47. The City denies the allegations of Paragraph 47. CLAIM ONE: DECLARATORY JUDGMENT 48. The City restates its responses to the preceding paragraphs. 49. Answering the allegations of Paragraph 49, they state legal conclusions to which no response is required. 50. Answering the allegations of Paragraph 50, they state legal conclusions to which no response is required. 51. Answering the allegations of Paragraph 51, they state legal conclusions to which no response is required. 52. The City denies the allegations of Paragraph 52. The City affirmatively states that the Court lacks subject-matter jurisdiction over Plaintiffs' claims under Montana Code Annotated §§ 2-2-121, 13-35-226, and 13-37-210 due to a lack of justiciable controversy, both generally and under the Montana Uniform Declaratory Judgments Act, § 27-8-101 et seq. 53. The City denies the allegations of Paragraph 53. 54. The City denies the allegations of Paragraph 54. The City affirmatively states that Montana law requires it to register as an incidental political committee in order to educate electors regarding the impact of passage or failure of a ballot issue on local government operations. - 8 - 55. Answering the allegations of Paragraph 55, the City admits that it registered with the COPP as an incidental political committee as required by law, that City officials and employees used City time and resources to educate electors regarding the impact of passage or failure of the BPSC bond on local government operations, and that City officials and employees reported their expenditures of time and resources in committee finance reports submitted to the COPP as required by law. Those financial reports speak for themselves. The City denies the remaining allegations of Paragraph 55. 56. Answering the allegations of Paragraph 56, the City admits that pursuant to contract,Nest developed a communications plan and printed materials for the City's use in its effort to educate electors regarding the impact of passage or failure of the BPSC bond on local government operations. The City denies the remaining allegations of Paragraph 56. 57. The City denies the allegations of Paragraph 57. 58. The City denies the allegations of Paragraph 58. 59. The City denies the allegations of Paragraph 59. 60. Answering the allegations of Paragraph 60, the City admits it spent public funds on digital advertising in its effort to educate electors regarding the impact of passage or failure of the BPSC bond on local government operations. These expenditures were reported on financial reports filed with the COPP, which speak for themselves. The City denies the remaining allegations of Paragraph 60. 61. The City denies the allegations of Paragraph 61. 62. The City denies the allegations of Paragraph 62. 63. The City denies the allegations of Paragraph 63. 64. The City denies the allegations of Paragraph 64. -9- 65. The City denies the allegations of Paragraph 65. 66. The City denies the allegations of Paragraph 66. 67. The City denies the allegations of Paragraph 67. 68. The City denies the allegations of Paragraph 68. CLAIM TWO: VIOLATION OF MONTANA CODE ANNOTATED § 2-2-121 RULES OF CONDUCT FOR PUBLIC OFFICERS AND PUBLIC EMPLOYEES 69. The City restates its responses to the preceding paragraphs. 70. Answering the allegations of Paragraph 70, they state legal conclusions to which no response is required. 71. The City lacks knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 71, and therefore denies the same. 72. Answering the allegations of Paragraph 72, they state legal conclusions to which no response is required. To the extent a response is required, the City denies the allegations of Paragraph 72. 73. Answering the allegations of Paragraph 73, they state legal conclusions to which no response is required. To the extent a response is required, the City denies the allegations of Paragraph 73. 74. Answering the allegations of Paragraph 74, they state legal conclusions to which no response is required. To the extent a response is required, the City lacks knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 74, and therefore denies the same. 75. The City denies the allegations of Paragraph 75. 76. Answering the allegations of Paragraph 76, they state legal conclusions to which no response is required. To the extent a response is required, the City lacks knowledge or - 10- information sufficient to form a belief as to the truth of the allegations of Paragraph 76, and therefore denies the same. 77. Answering the allegations of Paragraph 77, they state legal conclusions to which no response is required. To the extent a response is required, the City lacks knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 77, and therefore denies the same. 78. Answering the allegations of Paragraph 78, they state legal conclusions to which no response is required. To the extent a response is required, the City denies the allegations of Paragraph 78. 79. Answering the allegations of Paragraph 79, they state legal conclusions to which no response is required. To the extent a response is required, the City denies the allegations of Paragraph 79. 80. The City denies the allegations of Paragraph 80. 81. The City admits the allegations of Paragraph 81. 82. The City admits the allegations of Paragraph 82. The City affirmatively states that Montana law requires it to register as an incidental political committee in order to educate electors regarding the impact of passage or failure of a ballot issue on local government operations. 83. Answering the allegations of Paragraph 83, the City admits that pursuant to contract, and in aid of the City's effort to educate electors regarding the impact of passage or failure of the BPSC bond on local government operations,Nest charged the City for time it spent: (a) emailing with City officials and employees on August 31, 2018 regarding"messaging and op-eds"; and (b) speaking with Mayor Andrus on October 20, 2018 regarding planning. Nest's invoices to the - ll - City, which describe in detail Nest's activities pertaining to the BPSC bond, and which the City disclosed to the COPP as attachments to the City's committee finance reports, speak for themselves. The City further admits that in her private individual capacity as a citizen of Bozeman, Mayor Andrus wrote a November 4, 2018 letter to the editor of the Bozeman Daily Chronicle advocating for a"yes"vote on the BPSC bond. The City affirmatively states that Nest activities (a) and (b) described in this paragraph were neither substantively nor temporally related to Mayor Andrus's November 4, 2018 letter to the editor. The City denies any remaining allegations of Paragraph 83. 84. Answering the allegations of Paragraph 84,the City admits that the stated purpose of the incidental political committee the City was required by law to form and register with the COPP was to "[i]nform public of impact of passage or failure of Bozeman Public Safety Center ballot issue on City operations." The Statement of Organization filed by the City with the COPP speaks for itself. The City denies the remaining allegations of Paragraph 84. 85. The City denies the allegations of Paragraph 85. The City affirmatively states that Montana law requires it to register as an incidental political committee in order to educate electors regarding the impact of passage or failure of a ballot issue on local government operations. 86. Answering the allegations of Paragraph 86, they state legal conclusions to which no response is required. The allegations cite an Administrative Rule of Montana that speaks for itself. 87. The City denies the allegations of Paragraph 87. 88. Answering the allegations of Paragraph 88, the City admits that Chris Mehl and Terry Cunningham are City elected officials, and that their names appear on the BUS Statement of - 12 - Organization filed with the COPP. The Statement of Organization speaks for itself. The City denies the remaining allegations of Paragraph 88, or lacks knowledge or information sufficient to form a belief as to the truth of the remaining allegations of Paragraph 88 and therefore denies them. 89. Answering the allegations of Paragraph 89, the City admits that in their private individual capacities as citizens of Bozeman, City officials and employees loaned and contributed money to BCFS, according to BCFS committee finance reports filed with the COPP. The BCFS finance reports speak for themselves. The City denies the remaining allegations of Paragraph 89, or lacks knowledge or information sufficient to form a belief as to the truth of the remaining allegations of Paragraph 89 and therefore denies them. 90. Answering the allegations of Paragraph 90, the City admits that in their private individual capacities as citizens of Bozeman, City officials and employees contributed money to BCFS, according to BCFS committee finance reports filed with the COPP. The BCFS finance reports speak for themselves. The City lacks knowledge or information sufficient to form a belief as to the truth of the remaining allegations of Paragraph 90, and therefore denies the same. 91. The City denies the allegations of Paragraph 91. 92. The City denies the allegations of Paragraph 92. 93. Answering the allegations of Paragraph 93, the City admits that City officials and employees used City time and resources to educate electors regarding the impact of passage or failure of the BPSC bond on local government operations, and that City employees tracked their time in this regard in spreadsheets attached to the City's committee finance reports submitted to the COPP. Those reports speak for themselves. - 13 - 94. Answering the allegations of Paragraph 94, the City admits that pursuant to contract,Nest invoiced the City for time spent assisting the City's effort to educate electors regarding the impact of passage or failure of the BPSC bond on local government operations. Nest's invoices to the City, which describe in detail Nest's activities pertaining to the BPSC bond, and which the City disclosed to the COPP as attachments to the City's committee finance reports, speak for themselves. 95. Answering the allegations of Paragraph 96, the City admits that certain City officials and employees spent City time and resources meeting with representatives of Nest on a weekly or semi-weekly basis to discuss the City's effort to educate electors regarding the impact of passage or failure of the BPSC bond on local government operations. 96. The City denies the allegations of Paragraph 96. 97. Answering the allegations of Paragraph 97, the City admits that BCFS used a publicly available, uncopyrighted logo produced by Nest for the City pursuant to contract, in the production of BCFS yard signs. The City affirmatively states that it neither directed,participated in, coordinated with, nor played any role in BCFS's private, legally-permissible decision to appropriate the City's publicly available, uncopyrighted logo. The City denies the remaining allegations of Paragraph 97. 98. The City denies the allegations of Paragraph 98. 99. The City lacks knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 99, and therefore denies the same. 100. The City denies the allegations of Paragraph 100. 101. Answering the allegations of Paragraph 101, they state legal conclusions to which no response is required. - 14 - 102. Answering the allegations of Paragraph 102, they state legal conclusions to which no response is required. 103. The City denies the allegations of Paragraph 103. 104. The City denies the allegations of Paragraph 104. 105. The City denies the allegations of Paragraph 105. 106. Answering the allegations of Paragraph 106, they state legal conclusions to which no response is required. To the extent a response is required, the City denies the allegations of Paragraph 106. The City affirmatively states that Montana law requires it to register as an incidental political committee in order to educate electors regarding the impact of passage or failure of a ballot issue on local government operations. 107. The City denies the allegations of Paragraph 107. 108. The City denies the allegations of Paragraph 108. 109. The City denies the allegations of Paragraph 109. 110. The City denies the allegations of Paragraph 110. 111. The City denies the allegations of Paragraph 111. 112. The City denies the allegations of Paragraph 112. 113. The City denies the allegations of Paragraph 113. 114. The City denies the allegations of Paragraph 114. CLAIM THREE: BOZEMAN VIOLATED § 13-35-226(4) PUBLIC EMPLOYEE ETHICAL STANDARDS 115. The City restates its responses to the preceding paragraphs. 116. Answering the allegations of Paragraph 116, they state legal conclusions to which no response is required. - 15 - 117. Answering the allegations of Paragraph 117, they state legal conclusions to which no response is required. 118. The City denies the allegations of Paragraph 118. 119. Answering the allegations of Paragraph 119, they state legal conclusions to which no response is required. 120 Answering the allegations of Paragraph 120, they state legal conclusions to which no response is required. 121. Answering the allegations of Paragraph 121, they state legal conclusions to which no response is required. To the extent a response is required, the City denies the allegations of Paragraph 121. 122. The City denies the allegations of Paragraph 122. 123. Answering the allegations of Paragraph 123, the City admits it informed Plaintiff Koopman it would not permit someone to post materials opposing the BPSC bond on public City property. The City affirmatively states that according to Montana law, the City"may not solicit . . . opposition to . . . the passage of a ballot issue while on [City property]," and that permitting someone to post such materials on public City property would have been a violation of Montana law. 124. Answering the allegations of Paragraph 124, the City admits it expended pubic funds and public time related to the City's effort to educate electors regarding the impact of passage or failure of the BPSC bond on local government operations. The City denies the remaining allegations of Paragraph 124. 125. Answering the allegations of Paragraph 125, the City admits that in their private individual capacities as citizens of Bozeman, City officials and employees contributed money to - 16 - BCFS, according to BCFS committee finance reports filed with the COPP. The BCFS finance reports speak for themselves. The City denies the remaining allegations of Paragraph 125. 126. Answering the allegations of Paragraph 126, the City admits that in their private individual capacities as citizens of Bozeman, Mayor Andrus and Commissioner Terry Cunningham wrote letters to the editor of the Bozeman Daily Chronicle,on November 4 and October 19, 2018 respectively, advocating for a"yes" vote on the BPSC bond. The City denies the remaining allegations of Paragraph 126. 127. The City denies the allegations of Paragraph 127. CLAIM FOUR: VIOLATION OF § 13-37-210, MCA NAMING AND LABELING OF POLITICAL COMMITTEES 128. The City restates its responses to the preceding paragraphs. 129. Answering the allegations of Paragraph 129, they state legal conclusions to which no response is required. 130. Answering the allegations of Paragraph 130,they state legal conclusions to which no response is required. To the extent a response is required, the City denies the allegations of Paragraph 130. 131. The City denies the allegations of Paragraph 131. 132. Answering the allegations of Paragraph 132, the City admits that in their private individual capacities as citizens of Bozeman, City officials and employees contributed money to BCFS, according to BCFS committee finance reports filed with the COPP. The BCFS finance reports speak for themselves. The City denies the remaining allegations of Paragraph 132. 133. The City denies the allegations of Paragraph 133. 134. The City denies the allegations of Paragraph 134. 135. The City denies the allegations of Paragraph 135. - 17 - CLAIM FIVE: UNREPORTED COORDINATION AND CONTRIBUTION 136. The City restates its responses to the preceding paragraphs. 137. The City denies the allegations of Paragraph 137. 138. The City denies the allegations of Paragraph 138. 139. Answering the allegations of Paragraph 139, the City admits that in his private individual capacity as a citizen of Bozeman, Deputy Mayor Chris Mehl is listed on BCFS's organizational statement as an officer. 140. The City denies the allegations of Paragraph 140. 141. The City denies the allegations of Paragraph 141. 142. Answering the allegations of Paragraph 142, the City admits that according to BCFS committee finance reports filed with the COPP, BCFS made expenditures related to yard signs. The BCFS finance reports speak for themselves. 143. Answering the allegations of Paragraph 143, the City admits that according to BCFS committee finance reports filed with the COPP, BCFS made expenditures related to yard signs. The BCFS finance reports speak for themselves. 144. Answering the allegations of Paragraph 144, the City admits that according to its committee finance reports filed with the COPP, the City made expenditures related to the design of printed materials pertaining to the City's effort to educate electors regarding the impact of passage or failure of the BPSC bond on local government operations. The City's incidental political committee finance reports speak for themselves. 145. The City denies the allegations of Paragraph 145. 146. The City denies the allegations of Paragraph 146. - 18 - 147. Answering the allegations of Paragraph 147, they state legal conclusions to which no response is required. 148. Answering the allegations of Paragraph 148, they state legal conclusions to which no response is required. 149. Answering the allegations of Paragraph 149, they state legal conclusions to which no response is required. 150. Answering the allegations of Paragraph 150, they state legal conclusions to which no response is required. 151. Answering the allegations of Paragraph 151, they state legal conclusions to which no response is required. 152. The City lacks knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 152, and therefore denies the same. 153. The City lacks knowledge or information sufficient to form a belief as to the truth of the allegations of Paragraph 153, and therefore denies the same. 154. The City denies the allegations of Paragraph 154. CLAIM SIX: ACTION TO VOID BOND ELECTION RESULTS 155. The City restates its responses to the preceding paragraphs. 156. The City admits the allegations of Paragraph 156. 157. The City denies the allegations of Paragraph 157. 158. Answering the allegations of Paragraph 158, they state legal conclusions to which no response is required. The City affirmatively states that the Court has jurisdiction under § 13-35-107 only if a violation of Title 13 is prosecuted and ultimately proven by the COPP or a county attorney. - 19- 1 59. Answering the allegations of Paragraph 159, they state legal conclusions to which no response is required. The City affirmatively states that the Court has jurisdiction under § 13-35-107 only if a violation of Title 13 is prosecuted and ultimately proven by the COPP or a county attorney. 160. The City denies the allegations of Paragraph 160. 161. The City denies the allegations of Paragraph 161. 162. The City admits the allegations of Paragraph 162. 163. The City denies the allegations of Paragraph 163. The City affirmatively states that by its express terms, Montana Code Annotated § 13-35-107 does not provide a remedy for violations of§ 2-2-121. 164. The City denies the allegations of Paragraph 164. CLAIM SEVEN: PLAINTIFF IS ENTITLED TO ATTORNEYS FEES 165. The City restates its responses to the preceding paragraphs. 166. Paragraph 166 requires no response. 167. The City denies the allegations of Paragraph 167. 168. The City denies the allegations of Paragraph 168. 169. The City denies the allegations of Paragraph 169. 170. The City denies the allegations of the Introduction to Plaintiffs' Complaint. 171. The City denies the allegations in Plaintiffs' Prayer for Relief. 172. The City denies each and every allegation not specifically admitted or otherwise addressed above. -20- AFFIRMATIVE DEFENSES 1. Plaintiffs' Complaint fails to state claims upon which relief can be granted. There is an insufficient factual or legal basis for any liability or any claim against the City under Montana law. 2. Plaintiffs' lack standing to raise the claims and/or to seek the relief requested in their Complaint. 3. Plaintiffs fail to raise a justiciable controversy upon which the Court may render judgment, pursuant to Montana's Uniform Declaratory Judgments Act, Montana Code Annotated ti 27-8-101 et seq. 4. The Court lacks subject-matter jurisdiction over Plaintiffs' claims. 5. The City did not violate Montana Code Annotated §§ 2-2-121, 13-35-226, or 1 )7-210. 6. There is an insufficient factual or legal basis upon which to conclude that the City's actions"probably affected the outcome" of the BPSC bond election. Mont. Code Ann. § 13-35-107(1)(a). 7. The City did not violate any duties or obligations to Plaintiffs under Montana law. 8. The City is presently uncertain which affirmative defenses may apply should this case proceed to trial, and raise all of the defenses set forth above in order to preserve, rather than waive, them. Discovery and trial preparation may reveal that certain of the affirmative defenses are inapplicable. The City reserve the right to amend this Answer to add, amend, or withdraw any affirmative defenses or allegations. -21 - PRAYER FOR RELIEF WHEREFORE, the City prays for judgment against Plaintiffs as follows: 1. That Plaintiffs' Complaint be dismissed with prejudice; 2. That Plaintiffs take nothing by way of their Complaint; 3. That the Court reject Plaintiffs' request to void the results of the November 6, 2018 BPSC bond election; 4. That the City be awarded its costs of suit; 5. That the City be awarded its attorney's fees; 6. That the Court order such other and further relief as it deems just and proper. DATED this gdt:- day of January, 2019. BOONE KARLBERG P.C. R nd J. Cox Natasha Prinzing Jones John M. Newman Attorneys for Defendants City of Bozeman, Cyndy Andrus, City Commissioners, and John and Jane Doe 1-30 Public Employees/Officials -22- CERTIFICATE OF SERVICE This is to certify that the foregoing document was duly served upon the following counsel of record by the means designated below: U.S. Mail Chris J. Gallus ] Certified Mail Attorney at Law [) FedEx/UPS 1423 Otter Road [ ] Hand-Delivery Helena, Montana 59602 [ ] Fax [ ] E-Mail Attorney for Plaintiffs DATED this day of January, 2019. BOONE KARLBERG P.C. Karen K. Stephan - 23 -