Sports Shooting v. State, Mt. Dept. of Fwp

• Decision Date: 03 June 2008
• Docket Number: No. DA 07-0311.,DA 07-0311.
• Citation: 185 P.3d 1003,2008 MT 190
• Parties: MONTANA SPORTS SHOOTING ASSOCIATION, INC., and Gary S. Marbut, Plaintiffs and Appellants, v. STATE of Montana, MONTANA DEPARTMENT OF FISH, WILDLIFE, AND PARKS, Defendants and Appellees.
• Court: Montana Supreme Court

185 P.3d 1003

2008 MT 190

MONTANA SPORTS SHOOTING ASSOCIATION, INC., and Gary S. Marbut, Plaintiffs and Appellants, v. STATE of Montana, MONTANA DEPARTMENT OF FISH, WILDLIFE, AND PARKS, Defendants and Appellees.

No. DA 07-0311.

Supreme Court of Montana.

Submitted on Briefs January 23, 2008.

Decided June 3, 2008.

For Appellants: Quentin M. Rhoades, Sullivan, Tabaracci & Rhoades, Missoula, Montana.

For Appellees: Robert N. Lane, John F. Lynch, and Rebecca Jakes Dockter, Montana Department of Fish, Wildlife and Parks, Helena, Montana.

Justice BRIAN MORRIS delivered the Opinion the Court.

¶ 1 Montana Sports Shooting Association, Inc., and Gary S. Marbut (Marbut) appeal from an order of the Fourth Judicial District, Missoula County, denying Montana Sports Shooting Association's motion for summary judgment. We affirm.

¶ 2 Montana Sports Shooting Association presents the following issue on appeal:

¶ 3 Whether the District Court properly determined that the Montana Department of Fish, Wildlife, and Parks (FWP) did not violate the statutory prohibition against political activity under § 87-1-204, MCA.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 4 The Montana Sports Shooting Association is a Montana non-profit corporation. Gary Marbut is the Montana Sports Shooting Association's president. We will refer in this opinion to Montana Sports Shooting Association and Gary Marbut collectively as "MSSA" for purposes of clarity. MSSA asserts that it lobbies the Montana Legislature to protect its members' rights and interests. MSSA alleges that FWP's competing lobbying efforts often conflict with its own lobbying efforts. MSSA filed a complaint for declaratory judgment and a request for preliminary and permanent injunction in the District Court. MSSA requested a declaratory judgment that FWP may not lobby the Legislature, may not appear before it as either a proponent or opponent of proposed legislation, or otherwise act to influence legislative decisions.

¶ 5 MSSA relied on the language in § 87-1-204, MCA, concerning the political activity of FWP employees, that provides

While retaining the right to vote as he may please and to express his opinions on all political questions, no employee of [FWP] may use his official authority or influence for the purpose of interfering with an election or affecting the results thereof or for the purpose of coercing or influencing the political actions of any person or body.

MSSA argued that this prohibition on FWP employee political activity includes lobbying the Legislature or its members and appearing before legislative committees to represent FWP's position on proposed legislation. FWP responded that the Legislature intended § 87-1-204, MCA, to cover only political elections, like the general prohibition on public employees' political activity under § 2-2-121, MCA, and § 13-35-226, MCA.

¶ 6 MSSA moved for summary judgment. MSSA supported the motion with an affidavit submitted by Marbut. Marbut's affidavit noted specific instances in which FWP employees had testified in support of a proposed senate bill and otherwise had attempted to influence the Legislature. FWP admitted that it routinely lobbies the Legislature and that its employees appear at legislative hearings. MSSA contended that the plain language of § 87-1-204, MCA, expressly placed stricter limitations on FWP political activity than the general limitations placed on the public employees of other executive agencies. FWP countered that canons of statutory construction and long-standing FWP practice support its contention that § 87-1-204, MCA, does not result in stricter limitations.

¶ 7 The District Court examined the history of statutory limitations on FWP political activity. The court examined the meaning of the word "politics" and its treatment in other jurisdictions. The court also examined the operation of other Montana and federal statutes limiting executive political activity. The court concluded that MSSA's interpretation would restrict too narrowly FWP's internal and external activities. The District Court denied MSSA's motion for summary judgment. Although not stated expressly, the court's order, in effect, granted summary judgment to FWP. Neither party asserted that any genuine issue of material fact precluded summary judgment. Consistent with this interpretation, FWP filed a notice of entry of judgment. MSSA appeals.

STANDARD OF REVIEW

¶ 8 We review de novo a district court's decision to grant summary judgment, using the criteria applied by the district court under M.R. Civ. P. 56. Farmers Co-op. Ass'n v. Amsden, LLC, 2007 MT 286, ¶ 24, 339 Mont. 445, ¶ 24, 171 P.3d 690, ¶ 24. A district court properly grants a motion for summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Farmers Co-op., ¶ 24.

DISCUSSION

¶ 9 Whether the District Court properly determined that FWP did not violate the statutory prohibition against political activity under § 87-1-204, MCA.

¶ 10 The parties disagree over the proper interpretation of the term "political actions" under § 87-1-204, MCA. MSSA argues that "political actions" clearly and unambiguously applies to the activities of FWP and its employees before the Legislature. MSSA cites to Black's Law Dictionary for the proposition that "political actions" broadly means "of or relating to the conduct of government." Black's Law Dictionary 1196 (Bryan A. Garner ed., 8th ed., West 2004). MSSA asserts that we must construe the statute's prohibition on "coercing or influencing the political actions of any person or body" as prohibiting FWP from lobbying the Legislature, appearing before it as a proponent or opponent of legislation, or otherwise influencing the decisions of legislative members. FWP contends that "political actions" relates only to political elections.

¶ 11 We interpret a statute first by looking to its plain language. State v. Letasky, 2007 MT 51, ¶ 11, 336 Mont. 178, ¶ 11, 152 P.3d 1288, ¶ 11. We construe a statute by reading and interpreting the statute as a whole, "without isolating specific terms from the context in which they are used by the Legislature." City of Great Falls v. Morris, 2006 MT 93, ¶ 19, 332 Mont. 85, ¶ 19, 134 P.3d 692, ¶ 19 (citation omitted). We will not interpret the statute further if the language is clear and unambiguous. Letasky, ¶ 11. We look to legislative intent if the language is not clear and unambiguous, and give effect to the legislative will. Letasky, ¶ 11. Statutory construction should not lead to absurd results if a reasonable interpretation can avoid it. Letasky, ¶ 11. We must harmonize statutes relating to the same subject, as much as possible, giving effect to each. Yellowstone Federal Credit Union v. Daniels, 2008 MT 111, ¶ 18, 342 Mont. 451, ¶ 18, 181 P.3d 595, ¶ 18.

¶ 12 Section 87-1-204, MCA, provides no clear or unambiguous meaning for the phrase "political actions." The statute first addresses an FWP employee's attempts to influence or interfere with elections in the course of their employment with FWP. Section 87-1-204, MCA. The language at issue, contained in the statute's final clause, prohibits FWP employees from using their "official authority or influence ... for the purpose of coercing or influencing the political actions of any person or body." Section 87-1-204, MCA.

¶ 13 MSSA urges this Court to construe the modifier "political" to connote all activities "of or relating to the conduct of government." MSSA argues that the plain meaning of the phrase "political actions" includes lobbying and testifying before the Legislature, as well as attempts to influence individual legislators. In fact, MSSA reads § 87-1-204, MCA, as prohibiting any FWP employee from influencing any action relating to the conduct of any governmental body. We decline to adopt MSSA's interpretation.

¶ 14 MSSA's broad interpretation of § 87-1-204, MCA, would conflict directly with the numerous statutory obligations imposed on FWP. For example, in 1987, more than sixty years after the Legislature enacted the initial version of § 87-1-204, MCA, the Legislature commanded that FWP "shall report to the fish and game committee of each house of the legislature concerning upland game bird enhancement activities undertaken ... together with any recommendations concerning the operation of the program." Section 87-1-250, MCA (emphasis added). MSSA's interpretation of § 87-1-204, MCA, would bar FWP employees from fulfilling this statutory duty. More recently, the Legislature in 1995 enacted § 87-1-272, MCA. This statute, likewise, requires FWP to "present a detailed report to each regular session of the legislature ..." regarding the progress of the future fisheries improvement program. Section 87-1-272, MCA (1995). MSSA's interpretation of § 87-1-204, MCA, once again, would prohibit FWP from fulfilling its statutory obligations to report to the legislature with this information. See also § 87-5-107, MCA (authorizing FWP to propose specific legislation for the purpose of expanding the State's list of endangered species).

¶ 15 We must presume in construing these statutes that the Legislature intended to make some change in existing law by passing it. Cantwell v. Geiger, 228 Mont. 330, 333-34, 742 P.2d 468, 470 (1987). MSSA's interpretation of § 87-1-204, MCA, would render these later-enacted statutes idle acts. We must presume that the Legislature would not pass useless or meaningless legislation. Oster v. Valley County, 2006 MT 180, ¶ 17, 333 Mont. 76, ¶ 17, 140 P.3d 1079, ¶ 17.

¶ 16 MSSA's argument regarding political actions would not be limited, moreover, to a particular branch of government, or a particular kind of governmental conduct. MSSA's interpretation would prevent FWP and its employees from fulfilling the agency's statutory obligations to cooperate and make agreements with other state agencies, federal agencies, tribes, and state and local governments. For example, §...