An attorney for The Billings Gazette filed a petition in District Court on Tuesday seeking documents related to a grievance against an elected Yellowstone County official.

County commissioners confirmed on Jan. 21 that they had hired an outside investigator to look into the grievance, which was filed by a former county employee. The next day, The Gazette requested the name of the official and information about the grievance, but the county has refused to release any information.

In the petition filed Tuesday morning, Billings attorney Martha Sheehy asked that the county be ordered to release the name of the official and a redacted version of the grievance and to turn over the investigator’s report.

Late Tuesday afternoon, Judge Susan Watters signed an order that gives the county until Feb. 17 to either turn over the documents or appear in front of her to explain why the documents shouldn’t be released. Watters set a hearing for 8:30 a.m. on Feb. 17.

The Gazette’s request allowed the county to redact documents to protect the privacy of the former employee, but county officials have said that even releasing the name of the official or turning over the grievance would violate the former employee’s privacy.

“If there’s going to be any information transferred, we want a court to tell us,” Commissioner John Ostlund said.

Commissioner Jim Reno said that the county welcomed The Gazette’s lawsuit, because a judge will assume the burden of deciding what information is public.

“We all have the same questions and we’re going to need a court to advise us on what is releasable,” Reno said.

Reno said Deputy County Attorney Kevin Gillen, who is representing the commissioners in this matter, was preparing a similar lawsuit against The Gazette on Tuesday morning. That suit would have asked a judge to rule on The Gazette’s public-information request, which was filed Jan. 22. Gillen didn’t return calls seeking comment.

On Dec. 29, the county hired Missoula investigator Michele Puiggari to look into the allegations against the unnamed official. Reno said he received a copy of her report late Friday and read it Tuesday morning, and Ostlund said that the county was considering its options.

“We’re in the process of discussing and evaluating the report with the county attorney and preparing a response,” Ostlund said.

The elected officials in Yellowstone County government are Commissioners Reno, Ostlund and Bill Kennedy; County Attorney Dennis Paxinos; Treasurer Max Lenington; Clerk of District Court Carol Muessig; Superintendent of Schools A.J. Micheletti; Auditor Debby Hernandez; Clerk and Recorder Tony Nave; Sheriff Jay Bell, and Justices of the Peace Larry Herman and Pedro Hernandez.

Related

• Elected official is target of claim