Dept. Balenger asks for executive session

Deputy Jim Balenger was at the Friday meeting of the Mineral County Commissioners for an agenda item labeled “MCSO Budget Review and Brady Disclosure Discussion.”

The term “Brady disclosure” comes from a US Supreme Court Case, Brady v. Maryland, in which the court ruled among other things that the prosecution must disclose information that would enable the defense to more effectively impeach the credibility of government witnesses.

“Mr. Balenger, I guess there are issues here we will discuss that have to do with personnel matters,” Commissioner Roman Zylawy said. “So you have the right to evoke your right to privacy and we can go into an executive session or the meeting can remain open.”

“I want it private,” Deputy Balenger replied.

As the members of the public in attendance left the room, Deputy Balenger said he wanted his attorney as well as Bob Mahon to remain in the commissioners meeting room for the executive session.

For approximately an hour the commissioners, as well as County Attorney Marcia Boris, Sheriff Ernie Ornelas, were in executive session. Due to the calling for an executive session, none of the information discussed is considered public record.

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County Attorney Boris officially filed a petition on behalf of the Mineral Independent last week, which if successful will be used to procure the investigative information compiled by the Montana Department of Criminal Investigations.

A hearing will occur on Aug. 28, during which anyone with a privacy interest in regards to the investigative material will have the ability to give their objections.

Copies of the order were served at the beginning of the week to any parties that may have an objection.

If there are no objections, the court will review the investigative file to determine if any information needs to be retracted prior to the release of the information. In the case of an objection, time will be given for the objecting party to prepare a brief outlining their position.

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Deputy Jim Balenger recently returned to active duty for MCSO following a paid administrative leave that began Oct. 3, 2012.

During that time period, the Montana Department of Criminal Investigations conducted an investigation into unknown allegations regarding Deputy Balenger.

Given the length of Deputy Balenger’s leave and Article II, Section 9, of the Montana State Constitution which states that, “no person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure,” the Mineral Independent began the process of obtaining the investigative information by filing an official request with County Attorney Marcia Boris.

Under the Montana Criminal Justice Information Act the findings of the DCI investigation are considered confidential. However, because of Deputy Balenger’s status as a county employee there is a procedure which allows the release of investigative information.