When is a legislator not a legislator? When that legislator takes the lead in a law suit against the State to throw out a law passed while he was a sitting legislator. The irony, a legislator can’t be sued for legislative action, but a legislator can sue as a result of legislative action. That’s a lot of legislative action!
In this case that would be Representative Greg Hertz of Polson. Hertz made no secret of his disagreement with SB 4, a bill to charge a management fee to certain portfolios managed by the Montana Board of Investments. In fact, Hertz’s outspoken opposition appears to be earning him the designation as Montana State Fund’s new legislative lap dog.
The Fund’s exorbitantly paid high level managers have made no secret of their displeasure with the change of direction from a new board of directors. In most cases ’employees’ with an inability to follow a directive would have been given their walking papers by now. But this team has been around a long time and have figured out how to work a room and they live to collect yet another paycheck.
Of course there will be plenty more to see as this plays out and no doubt Hertz and crew will see this case all the way to the seven wizards in Helena. However, the real show here is to watch Lanny Hubbard, State Fund President, drink water while Hertz talks.
‘Maybe all men got one big soul ever’body’s a part of.’