#MTGov Daily Rundown: Newly Discovered Emails Prove Bullock Illegally Deleted Public Records
When questioned about deleting his emails from his time as Attorney General, Governor Steve Bullock has maintained that he followed all proper procedures for the retention of public records. Since no emails exist, this implies that Bullock either clearly violated state law or he or his staff never used their official email accounts to conduct state business. However, emails have now surfaced proving that Bullock and his staff did conduct state business via their email accounts.
"When Governor Steve Bullock said recently the official emails from his time as Montana’s Attorney General no longer exist, some are now surfacing, and at least one state official is considering an investigation that could involve the upcoming legislative session." -KGVO, 11/6/2016
Gary Marbut, President of the Montana Shooting Sports Association, has come forward with emails he exchanged between his organization and senior officials of then-Attorney General Bullock's office.
Marbut states that these findings show that Montana needs a "serious dose of sunshine and integrity in government."
“We need a serious dose of sunshine and integrity in government. The people should no longer tolerate any burning of records or wholesale deletion of emails in order to destroy possible evidence of backroom or illegal deals. There is a good reason why the people have put the open records requirement into the Montana Constitution. Destruction of public records is simply unacceptable.” -Gary Marbut, KGVO, 11/6/2016
Governor Steve Bullock is having major issues with emails. Like his preferred candidate for president, Hillary Clinton, Bullock has also been questioned for conducting state business on a private email account. More grave, however, is the fact that Bullock's emails from his time as Attorney General and those of his staff have been deleted in clear violation of state public records and records retention laws. State Sen. Kris Hansen, joined by Helena computer forensics expert Robin Jackson, held a press conference yesterday blasting Gov. Steve Bullock for illegally disposing of emails from his and his staff during his time as Attorney General.
"A Republican state senator was joined by computer forensics expert Wednesday in criticizing Gov. Steve Bullock for deleting emails from his days as governor." -Great Falls Tribune, 10/26/2016
Both Hansen and Jackson pointed to state law which clearly showed that Bullock had a responsibility to preserve public records including emails from his time as Attorney General.
"Robin Jackson, a Helena-based computer expert with WT Forensics, said Bullock and senior staff members had a responsibility to save the records." -Great Falls Tribune 10/26/2016
"Hansen said she had 'serious concerns' over the missing emails and criticized governor’s staff for deflecting blame by saying the state Legislature did not appropriate the money needed for records retention.
She said it was a violation of state law as outgoing officials are to give official records to successors. And, she noted, laws the outline records management duties." -Great Falls Tribune 10/26/2016
Montanans were treated to the shocking news that all of the emails on state accounts from Governor Steve Bullock's 2009-2013 term as Attorney General have been destroyed. This is despite emails clearly being considered "public record" in state law and guidance from the Secretary of State's office that public officials turn over their emails to the state archives when they leave office.
“Note the email accounts for former Attorney General Steve Bullock and his appointed staff members no longer exist, so neither the accounts nor their archives are available to search,’ he wrote. Blixseth has asked state officials for a copy of the minutes of the meeting in which they followed proper protocols and requested destruction of emails." -Great Falls Tribune, 8/31/2016
Jackson, joined by Nels Swandal, who spent nearly 20 years as a district judge published an op-ed earlier this month offering sharp criticism of Governor Steve Bullock for deleting his own emails and the emails of his staff from his time as Attorney General.
"Montanans expect their top law enforcement officer not only to enforce the law, but to follow the law. That's why Gov. Bullock’s mishandling of state emails as Attorney General is so disheartening.
Recent reports reveal that, following his election as Governor, every email from Bullock’s four years as AG was deleted. All emails of his senior appointed staff were deleted. The email accounts were wiped clean." -Nels Swandal and Robin Jackson, Helena IR 10/17/2016
Swandal and Jackson also point out that the deletion of the records violates Montana law
"State law defines most state emails as “public records.” Montana Code requires preservation of public records. Many are to be preserved even after the official leaves office. The law requires state employees to pass records, including emails, on to their successors.
These laws fulfill Article II Section 9 of our Montana Constitution. “No person shall be deprived of the right to examine documents or to observe the deliberations of all public bodies or agencies of state government and its subdivisions, except in cases in which the demand of individual privacy clearly exceeds the merits of public disclosure.” -Nels Swandal and Robin Jackson, Helena IR, 10/17/2016
Bullock has been dealing with a "slow drip" of issues regarding how he is using both his state and private email since his 2nd lieutenant governor, Angela McLean, resigned her post unexpectedly last year.
"Montana Gov. Steve Bullock has used his private email account to communicate about a wide variety of official business from proposed legislation to his increasingly strained relationship with the former lieutenant governor, according to hundreds of pages of emails released Friday." -Great Falls Tribune, 5/6/2016
"The newly released records shed more light on the strained relationship between McLean, Bullock and his staff. McLean complains to Bullock about her treatment by his budget director, Dan Villa, whom she said told her 'either you are on the team or you are not.'
In May, the lieutenant governor wrote a letter to Bullock saying Chief of Staff Tracy Stone-Manning had confirmed that he was considering a different running mate for his 2016 re-election campaign. 'I guess I am learning ambition is a funny thing and realizing the full consequences of standing up for what you believe it right,' McLean wrote." -Great Falls Tribune, 5/6/2016
"Hundreds of pages of documents, which were released Friday, show the democratic governor used his private account for official communications regardi ng his proposed state budget... legislation... and even lighting the state capitol at night. bullock previously told the associated press that he uses private email to communicate about political or election issues, but that government affairs are sometimes in those communications." -KFBB, 5/6/2016