HomeMy WebLinkAbout08-05-25 Public Comment - D. Carty - Request for legal opinions re_ Mayor Terry Cunningham and City Political FlyerFrom:Daniel Carty
To:Greg Sullivan
Cc:Bozeman Public Comment
Subject:[EXTERNAL]Request for legal opinions re: Mayor Terry Cunningham and City Political Flyer
Date:Tuesday, August 5, 2025 10:18:00 AM
Attachments:City-of-Bozeman_Anti-WARD_flyer.pdf
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August 5, 2025; 10:15am
Dear Mr. Sullivan:
(1) On Sunday, Aug 3, 2025, at one of the entrances to the Bozeman Sweet Pea Festival,Bozeman Mayor Terry Cunningham was handing out the attached City of Bozeman political
flyer to members of the public. While Mayor Cunnigham was doing so, he was not wearinganything that clearly identified him as a Bozeman elected official or clearly indicated
whether he was acting in an official or unofficial capacity. Was his behavior legal or illegalunder Montana State Law, Bozeman City Municipal Code, or the City of Bozeman's Code
of Ethics. And, did Mayor Cunningham's behavior violate the City of Bozeman's CoreValues?
(2) Also, the City of Bozeman political flyer distributed by Mayor Cunnigham on Sunday,
Aug 3, 2025, purports to provide (a) 3 FAST FACTS ABOUT WATER AVAILABILITY and(b) 3 FAST FACTS ABOUT AFFORDABLE HOUSING. By definition, a fact is a "statement
or circumstance that can be proven to be true or false." Arguably, the "facts" presented inthe flyer are no such things but instead are simply conjectures. By definition, a conjecture is
a "conclusion based on incomplete or uncertain information, essentially an educated guess,while a fact is a statement that is known to be true based on evidence and can be proven."
Consequently, I ask for a legal opinion as to whether the attached City of Bozeman politicalflyer contains misinformation, i.e., claims to present facts when it only offers conjectures.
And, I ask the City to immediately and voluntarily stop distributing this flyer until your officeoffers a legal opinion.
(3) Please respond to these requests by 5:00pm on Aug 12.
Thank you,
Daniel Carty
WARD BZN LLC
213 N. 3rd Ave
Bozeman, MT 59715
3 FAST FACTS ABOUT WATER AVAILABILITY
The City of Bozeman will not run out of water in the
next 10 years.
The city plans for growth to ensure proper water supply when additional
housing is built. That planning includes development of 11 water conservation
measures to date as well as additional water supply development. At this
time, Bozeman relies on three sources for its water supply: Lyman Spring,
Bozeman Creek, Hyalite Creek and the Hyalite Reservoir.
The City of Bozeman is currently using 43% of its water
supply in a normal water year and 60% of its water supply in
a heavy drought year.
There is room for growth considering the City’s existing water supply. Further,
the City’s water supply picture is constantly evolving as the City develops and
implements new water conservation measures as well as new water supplies.
In the last 10 years, Bozeman has expanded its water supply
and is expected to increase its supply again within the next
five years.
Bozeman proactively plans for water supply through its Integrated Water
Resources Plan. The Plan considers the need for additional water as new
housing is built. Further, the City has a water supply tracking tool that allows
us to proactively forecast and manage water supplies.
Paid for by the City of Bozeman, Melissa Hodnett, Treasurer, PO Box 1230, Bozeman, MT 59771
TO LEARN MORE VISIT Engage.bozeman.net/ward
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The WARD initiative will affect the City’s ability to provide
water for future residents and businesses and will impact
production of all types of housing. Below you will find a
few fast facts to help residents understand how housing
is developed in our community and how water, our most
critical resource, plays into the development of new housing
opportunities, including affordable housing.
3 FAST FACTS ABOUT AFFORDABLE HOUSING
Affordable Housing Demands an “All of the Above” Approach
Solving housing affordability isn’t as simple as building more homes—it
requires addressing the many forces that drive up costs. In Bozeman and
beyond, housing prices are shaped by the rising costs of land, labor, lumber,
and lending. Each of these elements contributes to the final cost of a home,
making it harder for working families, seniors, and first-time buyers to afford
to live in the community. A successful housing strategy must tackle all of
these pressure points together—improving financing tools, streamlining
construction processes, expanding land availability, and supporting the
workforce that builds homes.
Bozeman recognizes that no single policy or project can overcome these
challenges alone. That’s why the city is pursuing a comprehensive,
multi-faceted approach—one that brings together public, private, and
nonprofit partners to target each cost driver in a coordinated way. This
strategy ensures that affordable housing efforts are resilient, effective, and
sustainable over time.
Building a Bozeman-Specific Solution
Bozeman isn’t copying and pasting another city’s housing model. Instead,
it’s building a housing program tailored to Bozeman’s unique economy,
community values, and geographic realities. The city understands that
what works in a large metro area may not fit a fast-growing mountain town.
That’s why Bozeman’s program is rooted in deep local engagement, data on
regional wages and housing supply, and careful listening to both residents
and developers.
This local-first mindset is leading to flexible, place-based policies that
make the most of available tools—from incentivizing workforce housing
to partnering on community land trusts and exploring zoning updates.
Bozeman is charting its own course, balancing affordability goals with
smart growth and neighborhood integrity.
Why Housing Supply Matters More Than Ever
As demand to live in Bozeman remains high, housing scarcity drives up
prices. People are drawn here for the quality of life, natural beauty, and
economic opportunities, and that demand won’t ease anytime soon. When
fewer homes are built—whether due to rising construction costs, regulatory
hurdles, or market hesitation—the limited supply fuels bidding wars and
rent hikes, pushing affordability even further out of reach.
That’s why any policy, regulation, or market trend that slows housing
construction inadvertently makes the problem worse. Bozeman’s
affordable housing program is not only about providing subsidies or setting
price caps—it’s also about ensuring enough homes of all types are being
built to meet the city’s growing needs. Expanding supply is essential to
keeping Bozeman livable for all.
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