Montana · Government & Politics

DPHHS Lawyer Pretends To Listen To Public Comment

A DPHHS attorney receives public comment on the facility's site selection and placement process. A $48 million construction contract was approved in Helena at the same time. Residents were not informed of this.

LAUREL, MT - Noting that every procedural box had been checked and that residents were free to say whatever they wanted into a microphone on a table, Montana state officials confirmed Tuesday that the public had been meaningfully consulted on the planned $48 million forensic psychiatric facility, pointing to a woman in cowboy boots who appeared to be crocheting a handkerchief at a conference table in the Laurel Public Library as evidence.

"The community was heard," said a department spokesperson, gesturing toward the library conference room, where a DPHHS attorney and a Board of Investments attorney had been stationed since approximately 10 a.m. to receive input. "We sent two people. They were there. The microphone worked."

The BOI's representative - a tall, bearded man in a dark suit whose overall appearance suggested he had walked out of a mountain and into a library conference room specifically to facilitate a public comment session - ran the microphone, smiled warmly at each speaker, and was described by multiple attendees as a furious note-taker. He reportedly nodded with great sincerity throughout. He confirmed at the outset that he would not be answering any questions. He did not answer any questions.

Residents who attended the session described speaking at length about their concerns regarding the facility's location adjacent to Laurel Elementary School, the lack of transparency in the site selection process, and what they characterized as an already-decided outcome being dressed in the costume of democracy. The DPHHS attorney reportedly nodded at several points while appearing to crochet what witnesses described as a handkerchief - presumably for the tears of elderly residents and those expected to lose tens of thousands of dollars in property value.

"She definitely heard us," said one attendee. "You could tell because she didn't drop any stitches."

State officials declined to characterize the crochet project as a sign of disengagement, noting that fiber arts have long been associated with active listening, and that the attorney's hands were simply "doing something while her ears were open."

"Some people doodle," the spokesperson said. "This is the same thing, but with yarn."

Separate Meeting Also Occurred

Simultaneously, and in a separate city, the Montana Board of Investments convened in Helena and voted to approve Contract BOI SH-DM-1-2026 - a $48,296,810.40 project management agreement with D&M Development, LLC to design, construct, and supervise the facility at the Laurel site. D&M Development is a Helena-based joint venture between Dick Anderson, founder of Dick Anderson Construction, and Mark Esponda, a vice president at the same firm. Both D&M Development and Dick Anderson Construction operate out of 3424 E US Highway 12, Helena. The contract authorizes quarterly payments of $4,426,787.04 beginning December 31, 2026, and runs through March 2029.

The contract is backdated to January 1, 2026 and is stamped "DRAFT."

Under the arrangement, the BOI will own the facility and lease it back to DPHHS at a profit. The 114-acre site - large enough to accommodate an estimated 250 homes - will be permanently removed from Laurel's tax rolls, generating zero property tax revenue for the city, the county, or the school district. The BOI, as a state investment authority, is exempt from paying property taxes. It will, however, be collecting rent. Officials described this as "how investing works."

Asked whether the timing of the Helena vote - occurring at the exact moment citizens were addressing state representatives about their concerns - created any appearance of a process that had already concluded, a BOI spokesperson said the two events were "operationally distinct" and that scheduling is managed by separate departments.

"The Laurel session was about listening," the spokesperson said. "The Helena session was about approving a $48 million contract. These are different activities."

Officials confirmed that all comments submitted at the Laurel session have been formally documented and routed through the standard review pathway.

Process Praised as Model of Transparency

State officials said the April 22 session represented the latest in a series of robust community engagement efforts dating back to a July 2025 call with Laurel City Administrator Kurt Markegard — three months before the public was told a process existed. Upon first meeting Dan Villa, Markegard texted Mayor Waggoner: "Yeah he wants something."

"We've been talking to people this whole time," the spokesperson said, referring to several instances in which a state representative appeared during the public comment portion of Laurel City Council meetings and was given three minutes. "That's what engagement is."

The engagement culminated on November 10, the day the formal proposal deadline passed, when Villa texted Markegard: "I'll buy the beer if you send it this afternoon? 😂" Markegard replied that the burial of his uncle was that day. Villa responded: "Ugh. I forgot. Thanks to him for his service. Hope you and yours gave him a great send off. Beer is still on me." Markegard sent the letter seven days later. It became the basis for selecting Laurel over two counties that had submitted formal proposals on time.

Officials also pushed back on suggestions that Laurel was selected, in part, because its residents were unlikely to mount serious opposition. "That's a reductive characterization," said a second spokesperson. "We selected Laurel based on a rigorous, months-long process that we definitely did not begin in secret four months before announcing it." When asked to elaborate, the spokesperson said the community had demonstrated "a culture of pragmatic receptivity" that made it well-suited for a project of this nature. "Billings was very loud," they added. "Laurel is a different kind of community."

Asked whether that meant the state had specifically sought out a town it expected not to fight back, the spokesperson said that was "one way to read it" and ended the call.

When asked whether residents' concerns might result in any changes to the project, officials noted that the facility's construction contract had been approved this morning and that substantial completion is currently scheduled for April 1, 2027.

The handkerchief was not available for comment. Its intended recipient remains unconfirmed.

This article is full of satire. The quotes about beer and the approved $48 million contract are unfortunately true.

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