Bozeman City Manager Jeff Mihelich has responded to the city commission’s request that he resign from the post by the Wednesday deadline, but Mayor Terry Cunningham declined to elaborate on the answer.
Mihelich was due to respond by the end of business Wednesday. Cunningham said just before 5 p.m. that Mihelich has provided a response, but that commissioners are still looking it over.
“We will have more to say after we’ve had a chance to study it,” Cunningham said.
The commission asked Mihelich to resign after a video was posted online in late January showing him in a private conversation with another city employee, complaining about Mayor Terry Cunningham, among other things.
The video was posted to a website called Rumble and widely circulated locally on social media, where it garnered outrage from many. Dozens of people submitted written public comments, largely urging the commission to fire Mihelich, and residents showed up in force to city hall for a special meeting about the issue on Monday.
In the video, Mihelich complains about dealing with Cunningham, specifically his request for information prior to a media interview. He also refers to the content of the interview, which was about the city’s bear conflict prevention work, as “classic small town sh– they’ll never get over.”
Mihelich also opines about Deputy Mayor Joey Morrison’s campaign stances on development.
“I’m always amazed how I hear sh– when people are on the campaign trail and then when they sit in the chairs it’s like, ‘Well I really didn’t feel that way,” Mihelich said. “I’m like oh, okay it’s just about what you can do to get elected, I see.”
In the wake of the video, Mihelich apologized, and agreed to go on paid administrative leave. Assistant City Manager Chuck Winn is filling in as city manager in the meantime.
Under the city charter, if Mihelich does not agree to resign, the commission could suspend him via a resolution, which would have to include the reasons for suspension and proposed removal.
If the commission goes that route, Mihelich would have 15 days to respond to the resolution, and have the chance to request a public hearing. After the hearing and considering the response, the commission could vote to adopt a final resolution of removal, according to the charter. Mihelich would continue to be paid until the effective date of that resolution.
City Attorney Greg Sullivan said at Monday’s meeting that if he doesn’t resign and is terminated, Mihelich would receive severance unless the city’s Board of Ethics found that he violated the city’s code of ethics.
His severance would be a year’s salary plus 18% of that deposited in a retirement fund.
City commissioners at Monday’s meeting also approved a motion requesting the city attorney draft complaints to the Board of Ethics related to the conduct of the city manager in the video.
Mihelich started at the city in spring of 2020 and most recently worked as an assistant city manager in Fort Collins, Colorado.
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