The Independent-Record from Helena, Montana • 9

i PAT GQILCQ dhioirgjje uplhill tefle Supreme Court says SRS discriminated against woman by not hiring her By BOB ANEZ Associated Press Writer i- (j habilitation Services for more than two years, as a liaison between senior citizens and nursing homes. The court record said she was competent and qualified in the position, known as a long-term care ombudsman. In 1983, a bill was introduced to make the position permanent and place it under control of the governors office. Taliaferro supported the measure, saying SRS had a conflict of interest in administering the program while it also licensed nursing homes. SRS opposed the bill, which failed to pass.

Aftr Taliaferro testified in favor of the bill, she received memo from her supervisor, Norma Vestre Harris, saying: Any activities which you have related to the ombudsman legislation The high court disagreed, noting a U.S. Supreme Court finding that a public employee does not relinquish First Amendment rights to comment on matters of public interest by virtue of government employment." A balance must be struck, Justice John Sheehy said, between the interest of the employee as a citizen in commenting upon matters of public concern, and the interest of the state as an employer in promoting the efficiency of public service through its employees. I It seems proper to hold that if the public employee does speak on a matter of public concern as a citizen, the public employee is exercising a cherished First Amendment right, he said. must not involve any SRS staff since it is not part of the executive package and because we are not in agreement with it. Taliaferro, who was not employed when she testified on the bill, also was told by Harris to provide the names of organizations she was involved with in supporting the measure.

Later that year, SRS decided to make the ombudsman job a permanent position and sought applicants. Taliaferro was one of seven finalists for the post and scored highest on a written test, but was not hired. Although state law prohibits discrimination on the basis of political beliefs or ideas, SRS contended that Taliaferros position on the legislation did not meet that criteria, so the statutes not apply? The state social services agency discriminated against a woman when it refused to hire, her because she supported a piece of legjslation in 1983, the Montana Supreme Cdurt has ruled. In its unanimous ruling, the court said Lenore Taliaferro was exercising her cherished First Amendment right to free speech and could not be denied employment simply for expressing her political ideas or beliefs. The Tuesday decision uphelda District Court jury verdict that awarded Taliaferro $67,000 in damages and $33,500 in attorney fees.

Taliaferro worked under contracts with the Department of Social and Re KTVH files suit egeomsf ex-owners By TAD BROOKS IR Staff Writer TALKIN' TRAVEL Where Gilbert did its worst i That old adage Ive got to see for myself holds particularily true when it comes to the travel industry. As Hurricane Gilbert roared through Jamaica and parts of Mexico this fall, the press reported stories of stranded tourists, demolished buildings and homeless residents. In the aftermath of such a violent storm travel agents are called upon to rebook, re- schedule and reroute clients bound for stricken areas. BUT ADVISING POTENTIAL travelers is not as easy as it might appear. One can rely somewhat on trade media and close industry contacts to keep informed.

However, an actual look is the only sure way. One of our agents returned on October 16 from a visit to Jamaica, Grand Caymaii and Cozumel, Mexico, areas most affected by Hurricane Gilbert. Jamaica was not damaged as extensively as it appeared in the press. In Ocho Rios the damage to hotels was minimal. The roofs of some grass huts were askew, but in many areas the only evidence of Gilbert could be seen in the trees and foliage.

Trees were not uprooted, but many low bushes and flowers were destroyed. As one tour guide explained while driving along the highway in the past this foliage was so lush that youjcould not see the sky. Now the area is moreopen, yet still beautiful. The most noticeable evidence was the smoke. Residents were busjrbiirning branches in their restoratiorrefforlsTlt was most apparent that they would qdve their properties completely restored irffairly short order.

These observations confirmed projections 'made by the Jamaica Tourist Board. They predict that 95 percent of Jamaicas hotel rooms will be back in full operation by December 15. The board is extremely concerned that tourism will be disrupted because of sensationalized and erroneous stories regarding devastation to the island. Although airline service to Jamaica has resumed, airlines are watching to see how many passengers want to travel to the Carribean island. If the demand is low the frequency of their flights could drop.

GRAND CAYMAN ISLAND also appeared to be spared serious damage. Hotels were open and people were repairing minor damage such as loosened roof tiles and trim. The shops were all open and in order. The beautiful white sand beaches were noticeably clean of debris and seemed to be operating normally-' Unfortunately the picture was not as bright in Cozumel, Mexico. Hotel damage was extensive with very few hotels offering even reduced service.

Roofs had been blown off buildings, trees uprooted and even power lines were still across the highways at the time of Lindas visit. Some hotels such as the Best Western and the Mayan Plaza were closed until further notice. Ik 9 The new owners of Helena television station KTVH are suing the former owners in a contract dispute alleging negligence, deceit and fraud. John Radek, of Radek Broadcasting the general partner in the Big Sky Broadcasting Limited Partnership, filed the suit Wednesday in Helena District Court against KTVH whose president and registered agent is Don Bradley. THE SUIT CHARGES KTVH Inc.

was negligent in failing to meet numerous contract obligations before the station was sold last May, and deceived Big Sky Broadcasting to its own financial advantage. According to the suit, KTVH Inc. failed to obtain all permits and third party consents before the sale, failed to maintain station power at 105 Kilowatts and file timely reports with the Federal Communications Commission, and failed to operate the station with at least normal sales, managerial and staffing efforts during contract negotiations. 1 In addition, the suit alleges KTVH Inc. failed to maintain equipment and replace defective pieces prior to closing, failed to transfer the lease on the transmitter site, and failed to use its best efforts to liquidate an obligation that the station owed to A1 Donohue.

1 ALSO, KTVH INC. FAILED to disclose material changes in financial information it provided, failed to disclose changes in properties sold and failed to operate tfie station to preserve business properties and the goodwill of suppliers and customers, according to the spit. The suit states Big Sky is asserting its set-off rights by continuing to collect and hold some monies due KTVH Inc. under the sale agreement, but KTVH Inc. is entitled to credit once the suit has been settled.

Big Sky Broadcasting seeks an undisclosed amount in compensatory, punitive and exemplary damages, and is being represented by, Helena lawyer Robert J. Sewell Jr. 1, OTHER PARTNERS IN the Big Sky Broadcasting Limited Partnership include the Al-Mar Partnership, Kenneth Bazzle, Peter Danes, William Davis and Harold Gelber. Radek is formerly of Jacksonville, and managed at least three television stations before acquiring an interest in KTVH and moving to Helena. The IR reported last May that station owners Bradley, a 38-year broacasting veteran, Albert Lundborg and Lyle Courtnage, had agreed to sell KTVH because of a heavy loan burden.

Station plans many changes trance to the ballroom in the Civic Center. It was donated by Haney Lulow of Lighting Showcase." (Staff photo by Gene Fischer) DONATED CHANDELIER Gary Carpenter, acting director of the Civic Center, admires a new three-tier chandelier, valued at more than $500, that is now hanging near the main en BN fuel dean up slow By The Associated Press Ashley Webster leaving soon COZUMEL STILL HAS reduced air service. American Airlines who previously had daily i flights to Cozumel is currently operating only 1 two flights per week. Although some of the shops near the pier are open, the most dis-I tressing aspect of being in Cozumel is the si-: lence. It was noticeably quiet and there was very little activity in the way of rebuilding.

Unfortunately the devastating effects of Hurricane Gilbert may be felt in this beautiful isle for a long time. PAT SEILER is a Helena travel agent who writes occasional columns for the IR. 62-mile race planned here I Helenan Jim Pomroy is organizing a 100-kilo- meter race through the Elkhorn Mountains in July. Were always traveling to all these races and I think we need one in Montana, Pomroy said of the 62-mile race, i Its likely the Elkhorn 100 July 22 will draw I runners from out of state, Pomroy said. The race will begin and end in Montana City, cross-! ing the western half of the Elkhorn Mountains I I south to Tizer Basin.

I The Helena National Forest is seeking public 1 comment on the race proposal by Dec. 15. Com-1 ments should be sent to the Helena Ranger Dis-! trict, 2001 Poplar, Helena, 59626. The race will be run primarily on trails, with about half of the race passing through lands i burned by the Warm Springs fire this summer, Pomroy said. He purposely included the burned i lands to reduce any impacts the might have and to attract out-of-state runners who might enjoy the novelty of running through the burn.

After we entered an agreement, the state promised review of documents, but they cant 4 keep up because of their workload, Burda said. In Helena, Keenan said, 50,000 to 60,000 gallons of diesel fuel were washed into ponds and irrigation ditches in the Helena Valley after a large rainstorm in 1980 raised the level of the ground-water. Four years later, another rainstorm washed 100,000 gallons of fuel into the same area. An active recovery system was built at the spill site in 1986 and 1987. It is the only active recovery system in the state.

The system consists of long trenches dug about 20 feet below the ground. The trenches, which slope toward a central, concrete collection vault, are lined with gravel. The trenches are perpendicular to the flow of the groundwater and act as a partial barrier. The trenches catch the water and the fuel and direct it toward the vault. The water is then pumped to a building which houses tanks and filtering equipment.

The equipment separates the fuel from the water, and the water is discharged into the city sewer system. The collection system is underground in a two to three block area north of the Montana Rail Link Depot, off Helena Ave. Keenan said close to 100,000 gallons of oil in the past three years has been collected by the groundwater system and by surface cleanup. State officials say Burlington Northern has fouled Helena and 11 other Montana towns with hazardous wastes through sloppy fueling practices and is dragging its to delay the cleanup process. BN, however, says much of the delay is because of the states slow response to BN efforts.

I think that everywhere the railroad ever stored fuel they spilled it, Kevin Keenan, enforcement officer for the state Water Quality Bureau, said Wednesday. John Arrigo, also of the Water Quality Bureau, said the other sites where BN fuel spills have been identified are in Livingston, Missoula, Glendive; Havre, Laurel, Billings, Whitefish, Essex, Great Falls, Shelby and Jones Junction. Keenan expressed frustration at the slow pace of BN cleanup efforts. Several years ago we asked BN to voluntarily clean up the sites and they simply ignored us, he said. Finally, we threatened to file suit at each site and they began moving, although extremely slowly.

Mel Burda, a manager of environmental projects for BN in Kansas who has been overseeing cleanup efforts in Livingston and around Mon- 1 tana, sees the situation differently. He said BNs cleanup activities have often been sldwed by the state's slow response to BN reports. By JILL SUNDBY IR Staff Writer The new owner of KTVH has major plans to expand the Helena television station including the addition of weekend news broadcasts and has already created five new staff positions. We already have very highly qualified, creative television people here and were just adding more of the same in an effort to provide Helena with the best TV there can be, said John Radeck, the stations new owner. Radeck moved here from Jacksonville, Fla.

in early October. Radeck has hired a new reporter, Laurel Lindell; two new salespersons, O.D. Jones and Bob Johqston, boosting the sales staff to six persons; a sales traffic assistant, Alicia Delashmutt; and a production, director-trainee position, Kirsten Croll. The positions are all newly created and full-time. Radeck also has been busy filling vacant positions: Bob Wyatt is the nevt chief engineer, and a new sports reporter already hired but unnamed will start work next week.

Radeck is interviewing to find replacements for anchors Helen Raptis and Ashley Websters positions. Webster, the KTVH reporteranchor distinguished by (More on STATION, page 2B) 1.