#MTGov Daily Rundown: Gianforte Calls for an Investigation into Bullock Emails, Offers to Help Provide Hard Drives to Governor's Office

On Saturday, in Helena, Greg Gianforte held a press conference calling for an investigation of Governor Bullock's deletion of public records emails during his time as Attorney General. Taking Bullock directly to task for destroying public while Attorney General, Gianforte showed up with a donation bin for the governor. Gianforte also referred to Bullock’s destruction of public records as “even worse than Hillary.”

"We Montanans are a very generous people. We also follow the law. If the governor is having trouble storing public records, we thought we'd set up a donation bin of hard drives to help him out. The people’s business, and the public's right to know, is too important to simply be thrown in to the waste bin of history." -Greg Gianforte, 10/29/2016


Gianforte pointed out that state law requires all public records to be preserved. Bullock did not follow this law.

"Gianforte says that elected officials have a requirement to transfer all of their records to their successor.  This was said because of the claims of Governor Steve Bullock’s using his email improperly." -MTN News 10/2/2016

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 regarding 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

#MTGov Daily Rundown (Special Weekend Edition): Worse Than Hillary?

News broke yesterday that Hillary Clinton is back under investigation after the FBI found new emails that "appear to be pertinent" issue of Clinton conducting national business (including sending classified information) on a private email account and server.

"The FBI revealed Friday it was reviewing a new batch of emails that "appear to be pertinent" to its previous investigation into Hillary Clinton's use of a private server — and multiple federal officials told NBC News they were found as part of an on-going probe of disgraced former New York congressman Anthony Weiner." -NBC News, 10/28/2016

"'In connection with an unrelated case, the FBI has learned of the existence of emails that appear to be pertinent to the investigation,' Comey wrote. 'I agreed that the FBI should take appropriate investigative steps designed to allow investigators to review these emails to determine whether they contain classified information, as well as to assess their importance to our investigation.' -NBC News, 10/28/2016

Shockingly, the emails were found on the same computer that former Congressman Anthony Weiner had used to allegedly send lewd pictures to an underaged girl.

"The emails were found on a laptop that Weiner allegedly used to send inappropriate text messages and pictures to an underage girl, the sources told NBC News.

Investigators also discovered Weiner's wife, Huma Abedin, had used the same laptop to send emails to Clinton and now they are checking those messages to see if there was any classified information on them, the sources said." -NBC News, 10/28/2016


While Hillary Clinton's email problems are well known. Governor Steve Bullock, back here in Montana, is having his own issues with emails. Like 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 regarding 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

VIDEO: "What are they hiding?"

#MTGov Daily Rundown: Senators Call for Investigation into Whistleblower Retaliation

ICYMI - As lawmakers call for Bullock to be investigated, FBI reopens investigation into Clinton emails.

State Sens. Dee Brown and Bob Keenan are calling for an investigation into allegations that state workers were fired or reprimanded by the Bullock Administration for whistleblower activities.

"State Sen. Bob Keenan, R-Bigfork, and Sen. Dee Brown, R-Hungry Horse, wrote a letter to House and Senate members requesting that a special legislative committee appointed by leadership look into allegations of retaliation against whistleblower complaints from state government employees.

The request comes on the heels of news reports alleging “bullying and intimidation” of state government employees by agency and department officials, according to the local lawmakers, as well as a string of confidential settlements paid out to former employees, first reported by the Helena Independent Record in September." -Flathead Beacon, 10/27/2016


Both Keenan and Brown emphasized the seriousness of the issue and said that the legislature would exercise its oversight powers on the matter.

“'It’s appalling to think that any state employee would be retaliated against for shedding light on fraud and abuse within the workplace,'” Keenan said. 'The allegations that have surfaced over the past few months deserve the Legislature’s full attention, and we hope our colleagues support our call for an investigation.'

“'This is exactly why I put in a bill draft for legislative oversight of the agencies,' Brown said. 'They do anything they want when we’re gone after our 90-day sessions and come to the next legislature with their hands out because they’ve spent more money than we budgeted. We cannot continue doing business like this for the taxpayers’ sake. Something must change.'” -Flathead Beacon, 10/27/2016


Yesterday, news broke that former DPHHS Audit Bureau Chief filed a lawsuit alleging wrongful termination, because she refused to violate the law and make improper payments. "The state has been hit with a wrongful termination lawsuit from a former employee of the Montana Department of Public Health & Human Services.

Carol Bondy, the the former Audit Bureau Chief of DPHHS, claims she was fired after refusing to violate several public policies, despite being directed to do so by DPHHS." -MTN News, 10/25/2016

The article notes that Bondy cried foul over a payment that was being made to a contractor with strong ties to the Democratic Party.

Bondy was concerned about the Montana PEAKS (Performers in Education and Acquisition Knowledge Systems) contract. She says this group was given a contract even though the Audit Bureau had advised management the contractor was not entitled to payment.

The lawsuit states: “Bondy expressed her concerns that the payment was improperly being made because this particular contractor had strong political ties to the Democratic Party.” -MTN News, 10/25/2016

DeAnne Cooney, wife of Lieutenant Governor Mike Cooney, has now recused herself from the lawsuit due to a potential conflict of interest. 

"District Judge DeeAnn Cooney has recused herself from presiding over a wrongful discharge lawsuit filed by a former state auditor against the State of Montana, her clerk confirmed in a Wednesday email.

Cooney was appointed to the job by Gov. Steve Bullock in December upon the retirement of Judge Jeffrey Sherlock, and is running for election to hold that seat. She also is the wife of Lt. Gov. Mike Cooney, whom Bullock appointed a couple of months later.

The case in question involves allegations leveled broadly at the governor and his staff." -Helena IR, 10/26/2016

Other DPHHS auditors who are tasked with holding state agencies accountable have accused administration officials of retaliating against them for doing their job.

"Former Montana auditors have accused state officials of discouraging Department of Health and Human Services staffers from investigating a variety of questioned payments dating back to 2005." -Helena IR, 9/11/2016

"Emails from current and former DPHHS staffers, along with court filings and whistleblower complaints obtained by the Independent Record, identified at least seven long-tenured state employees who raised red flags before they were demoted or fired. At least three staffers who raised questions were accused of insubordination before being fired. 

Two of those staffers claim high-level administrators, acting on orders from Bullock, pushed through “questionable” welfare payments to important Democratic voting blocs on Indian reservations and ignored DPHHS auditors’ questions about hefty checks cut to major welfare program contractors. Bullock, through a spokeswoman, flatly denied those claims." -Helena IR, 9/11/2016

The Bozeman Daily Chronicle reported earlier this month that the Bullock Administration has paid more than $900,000  to settle employee claims. The administration refuses to say why in most cases, and at least one legal expert says that the administration is violating the law.

"Democratic Gov. Steve Bullock’s administration has paid more than $900,000 in settlements to state employees over the last three years, according to public records. On most, state agencies won’t say why.

The state has paid 42 employees settlements totaling more than $745,000. Each is listed as 'confidential' in the state’s checkbook, which has been published online since 2013, the year Bullock first took office. The payments range in amounts from $120 to $122,000." -Bozeman Daily Chronicle, 10/13/2016


One former employee said that the settlements were, at times used to cover up misdeeds and prevent whistle blowing.

"One former employee who received a large settlement payment said, in some cases, state agencies use the confidential payments to cover up misdeeds." -Bozeman Daily Chronicle, 10/13/2016

"A former state employee, speaking to the Chronicle on the condition of anonymity for fear of being sued by the state, said they were fired in 2015 after nearly 10 years on the job. The state agency cited mandatory staff reductions in the termination. The former employee filed a complaint with the Human Rights Bureau that alleged discrimination.

'Less than 24 hours later (the agency) called and offered a settlement,' the former state employee said. The settlement amount, more than $50,000, was contingent in part upon a contract to never disclose the settlement. And the former state employee believes that the firing was in retaliation for whistleblower activities." -Bozeman Daily Chronicle, 10/13/2016

#MTGov Daily Rundown: State Senator Says Bullock's Deleting of Emails "A Violation of State Law"

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


A representative of the Montana Republican Party also gave a statement yesterday highlighting the illegality of Bullock disposing of public records.

“What Bullock did is a clear violation of the law and he’s concealing the truth rather than coming clean about what he has done,” Shane Scanlon said. “This is just the latest example of Bullock believing he is above the law and accountable to no one.” -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

"Andrew J. Huff, chief legal counsel for Bullock, said the governor’s office does not maintain public information archives from the attorney general’s office or other state agencies.

“With some limited exceptions, the governor’s office does not store public information that predates January 2013 when Governor Bullock came into office,” he wrote July 26." -Great Falls Tribune, 8/31/2016

“Do they exist, were they destroyed legally or illegally?” he [Blixseth] asked. “We find no record they were destroyed legally, so the assumption is they were destroyed illegally.” -Great Falls Tribune, 8/31/2016

"Blixseth cites email guidelines posted on the Secretary of State’s website that claim “When records are no longer needed, they may be disposed of in a legally prescribed fashion — but only after the State or Local Government Records Committees have approved their disposal.” -Great Falls Tribune, 8/31/2016

"He said research by him and his attorneys has shown the governor has not made a request to delete the information." -Great Falls Tribune, 8/31//2016

Jackson was joined by Nels Swandal, who spent nearly 20 years as a district judge published an op-ed yesterday 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

Chair of the State Senate Judiciary Committee, Scott Sales, is requesting that the Montana Attorney General's Office investigate why Gov. Bullock's emails from his 2099-2013 stint as Attorney General are missing. Sales calls the fact that the emails are gone "very troubling."

“Gov. Bullock failed in a very basic duty to preserve the public records entrusted to his care,” he stated later. -Great Falls Tribune, 9/26/2016

Sales notes that someone in Bullock's office, when he was attorney general, must have given the order to destroy the emails, which may violate state law. He also said the legislature may consider legislation to clarify that elected officials are prohibited from deleting emails.

"Sales asked that Fox determine who at Attorney General Steve Bullock’s office ordered the destruction of these email public records and did the State Records Committee ever give authorization to destroy all their email public records?

Sales said it may take legislative action to ensure that future governors do not do the same thing." -Great Falls Tribune, 9/28/2016

#MTGov Daily Rundown: DPHHS Auditor accuses Bullock Admin of More Wrongdoing

Yesterday, news broke that former DPHHS Audit Bureau Chief filed a lawsuit alleging wrongful termination, because she refused to violate the law and make improper payments.

"The state has been hit with a wrongful termination lawsuit from a former employee of the Montana Department of Public Health & Human Services.

Carol Bondy, the the former Audit Bureau Chief of DPHHS, claims she was fired after refusing to violate several public policies, despite being directed to do so by DPHHS." -MTN News, 10/25/2016


The article notes that Bondy cried foul over a payment that was being made to a contractor with strong ties to the Democratic Party.

Bondy was concerned about the Montana PEAKS (Performers in Education and Acquisition Knowledge Systems) contract. She says this group was given a contract even though the Audit Bureau had advised management the contractor was not entitled to payment.

The lawsuit states: “Bondy expressed her concerns that the payment was improperly being made because this particular contractor had strong political ties to the Democratic Party.” -MTN News, 10/25/2016


DeAnne Cooney, wife of Lieutenant Governor Mike Cooney, has now recused herself from the lawsuit due to a potential conflict of interest.

"District Judge DeeAnn Cooney has recused herself from presiding over a wrongful discharge lawsuit filed by a former state auditor against the State of Montana, her clerk confirmed in a Wednesday email.

Cooney was appointed to the job by Gov. Steve Bullock in December upon the retirement of Judge Jeffrey Sherlock, and is running for election to hold that seat. She also is the wife of Lt. Gov. Mike Cooney, whom Bullock appointed a couple of months later.

The case in question involves allegations leveled broadly at the governor and his staff." -Helena IR, 10/26/2016

Other DPHHS auditors who are tasked with holding state agencies accountable have accused administration officials of retaliating against them for doing their job.

"Former Montana auditors have accused state officials of discouraging Department of Health and Human Services staffers from investigating a variety of questioned payments dating back to 2005." -Helena IR, 9/11/2016

"Emails from current and former DPHHS staffers, along with court filings and whistleblower complaints obtained by the Independent Record, identified at least seven long-tenured state employees who raised red flags before they were demoted or fired. At least three staffers who raised questions were accused of insubordination before being fired. 

Two of those staffers claim high-level administrators, acting on orders from Bullock, pushed through “questionable” welfare payments to important Democratic voting blocs on Indian reservations and ignored DPHHS auditors’ questions about hefty checks cut to major welfare program contractors. Bullock, through a spokeswoman, flatly denied those claims." -Helena IR, 9/11/2016

The Bozeman Daily Chronicle reported earlier this month that the Bullock Administration has paid more than $900,000  to settle employee claims. The administration refuses to say why in most cases, and at least one legal expert says that the administration is violating the law.

"Democratic Gov. Steve Bullock’s administration has paid more than $900,000 in settlements to state employees over the last three years, according to public records. On most, state agencies won’t say why.

The state has paid 42 employees settlements totaling more than $745,000. Each is listed as 'confidential' in the state’s checkbook, which has been published online since 2013, the year Bullock first took office. The payments range in amounts from $120 to $122,000." -Bozeman Daily Chronicle, 10/13/2016


One former employee said that the settlements were, at times used to cover up misdeeds and prevent whistle blowing.

"One former employee who received a large settlement payment said, in some cases, state agencies use the confidential payments to cover up misdeeds." -Bozeman Daily Chronicle, 10/13/2016

"A former state employee, speaking to the Chronicle on the condition of anonymity for fear of being sued by the state, said they were fired in 2015 after nearly 10 years on the job. The state agency cited mandatory staff reductions in the termination. The former employee filed a complaint with the Human Rights Bureau that alleged discrimination.

'Less than 24 hours later (the agency) called and offered a settlement,' the former state employee said. The settlement amount, more than $50,000, was contingent in part upon a contract to never disclose the settlement. And the former state employee believes that the firing was in retaliation for whistleblower activities." -Bozeman Daily Chronicle, 10/13/2016


The Chronicle requested details of the settlements under Freedom of Information, but their requests were denied.

"In September, the Chronicle filed public records requests seeking details of the payments with six state agencies that had issued them: the departments of Justice, Revenue, Natural Resources and Conservation, Transportation, Public Health and Human Services, and Fish, Wildlife and Parks.

Each request was rejected." -Bozeman Daily Chronicle, 10/13/2016

An expert in Montana's FOIA law says that denying access to these records likely violates state law.

"Mike Meloy, a Helena lawyer who represents the Montana Freedom of Information Hotline, said the state agencies are likely in violation of the state’s open records laws.

Montana’s Constitution reads: '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 public’s right to know.'" -Bozeman Daily Chronicle, 10/13/2016

#MTGov Daily Rundown: Bullock's Big Money Hypocrisy

Governor Steve Bullock continues to "do one thing and say another" on money in his campaign. While he claims to defend transparency in elections and decry the influence of "outside groups," his own record is much different.

In August, news broke that the anti-coal special interest group Montana Conservation Voters is going to spend $500,000 in dark money to help re-elect the governor.

"A Montana-based environmental group said Monday it will spend $500,000 to help re-elect Democratic Gov. Steve Bullock and defeat his Republican rival, Greg Gianforte.

The Montana Conservation Voters Action Fund, a political action committee, will use the money to fund a door-to-door canvassing effort to encourage people to sign up for absentee ballots, and to vote in the governor’s race." -MTN News 8/8/2016

"Reporter Mike Dennison quickly pointed out that the Montana Conservation Voters Action Fund would be using anonymous “dark money” to fund the door-to-door canvassing — the irony being that Bullock has long been a critic of “dark money” used to influence elections but will benefit from it this year." -Bozeman Daily Chronicle, 8/12/2016

MCV claimed that they would report their spending on August 9, however, the Bozeman Daily Chronicle reported that, as of that date, they had yet to report their spending. It also doesn't change the fact that the money spent remains "dark money."

"But it wasn’t. The fund’s balance actually dropped from $17,854 to $15,673, according to the new report. If and when Elliot does disclose the money, it will still be “dark money” in that there is no way for the public to know where it came from except for an address in Washington, D.C." -Bozeman Daily Chronicle, 8/12/2016

The Governor has also taken more than $250,000 in special interest PAC money, while refusing to sign the no-PAC money pledge.

Meanwhile, Governor Bullock has continued to decry this same of out-of-state special interest money.

"Montana has a history of clean and fair elections, but that history was tarnished in recent years by secretive, out of state, special interests who tried to buy our elections. The message to those who seek to hide in the shadows while using despicable tactics to con Montana voters is clear: you're not welcome here." -Governor Steve Bullock

Bullock has continued to face charges of hypocrisy on this issue as he campaigns against dark money, yet continues to benefit greatly from its use. During 2015, Bullock chaired the Democratic Governors Association where he primary job was raising corporate cash, much of it undisclosed. The DGA has already spent more than $4 million on Bullock's re-election efforts.

"A PAC funded primarily by the Democratic Governors Association reported spending another $1.45 million this month on ads in support of Bullock, increasing its total spending to $4.25 million this campaign. Other outside groups also are spending funds to support Bullock and attack Gianforte.
A PAC funded by the Republican." -MTN News, 10/24/2016

As chair, Bullock raised more than $17 million in corporate donations. At least $3 million came from undisclosed sources.

"The DGA group is called America Works USA. Records and public statements by the DGA indicate the group collected $3 million of the $17 million raised by the DGA the first six months of this year – but DGA officials wouldn’t confirm that figure." -MTN News, 9/17/2016

Bullock hosted multiple corporate fundraisers in 2015, while at the same time decrying dark money during the 2015 legislative session.

"On Friday, Gov. Steve Bullock hosted a fundraising dinner for the Democratic Governors Association in Washington, D.C.

The exclusive event, which coincided with the National Governor’s Association annual winter meeting, comes a little more than two weeks after Bullock criticized unlimited corporate campaign contributions and undisclosed “dark money.” -Great Falls Tribune, 2/22/2016

Bullock's own elections efforts have benefitted greatly from DGA cash. In 2012, The DGA spent $3 million in support of Bullock through the Montana Jobs, Education, and Technology (JET) PAC. The DGA is already spending big money on Bullock's re-election bid.

"In 2012, the DGA raised more than $50 million, much of that coming from unions, drug makers, insurance companies, energy companies and other corporate sources. That year, the DGA gave over $2.8 million to Montana Jobs, Education and Technology PAC, a political action committee that worked to get Bullock elected." -Great Falls Tribune, 11/21/2014

Bullock has also been using tax dollars to campaign as he flies the state executive aircraft to campaign events.

"Residents are right to question whether they're underwriting the campaigning costs of the governor. Many of the trips Bullock went on seemed contrived or PR stunts more than state legitimate business, which made the entire situation feel like he was gaming the system." -Billings Gazette, 9/1/2016

Being caught again using the state plane either demonstrates arrogance or a tone-deafness about the issue. What's even more is that Bullock recently used the state plane to hop over to Deer Lodge, less than a 60-mile trip from Helena. We'd venture to guess it took longer to get the plane ready than it did to make the quick journey. We understand that the governor's time as the state's chief executive is valuable, but is it so precious that such a small time savings and large expense of a plane makes it pencil out? " -Billings Gazette, 9/1/2016

#MTGov Daily Rundown: Bullock's Hypocritical Record on Equal Pay

This week, Governor Steve Bullock will hold events across the state supposedly to highlight his efforts to ensure equal pay and equal treatment for women. However, as on a lot of issues, his actual record doesn't live up to his rhetoric.

Montana Ranks 46^th in Gender Pay Gap Nationwide Under Steve Bullock.

2015: Overall, women in Montana earn just 67.5 percent of what men earn, according to the U.S. Census Bureau. For full-time workers, women in the state earn 75 percent of what men earn, compared with 78 percent nationwide. That’s a larger pay gap than all but five states in the country (Billings Gazette, 8/24/15).

Also, in his last year as Attorney General, female employees at the Montana Dept. of Justice were paid, on average, just 72% of the average hourly wage paid to male employees. Also, a majority of the MDOJ's highest paid employees were men.

While Bullock touts the work of the Equal Pay Task Force, a Media Trackers study of 2012 employee salary data from the Montana Department of Justice (MDOJ) — which Bullock headed as Attorney General from 2009 until 2013 — maintained a substantial pay gap between men and women in Bullock’s final year of leadership (Media Trackers, 12/12/13)

According to the data, MDOJ had 790 employees in 2012. Just over 44  percent were women.Female employees made on average about $18/hr, while male employees made on average about $25/hr, meaning that women who worked for Bullock earned a mere 72 percent of the earnings of their male colleagues in 2012.

Even though women comprised only 44 percent of MDOJ employees in 2012, the data showed that over 70 percent of the department’s 300 lowest-paid employees were women. Of the 100 highest-paid employees at MDOJ, Media Trackers found that fewer than 30 were women.

Bullock also had issues with his female lieutenant governor Angela McLean, who by all accounts, seemed to be well liked. However, there was apparently a falling out between McLean and Bullock that led to her resigning and taking another post in state government.
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

The resignation of McLean and Bullock's issues with his choices for Lt. Gov. have caused leading commentators and newspapers to raise larger questions about how the governor's office is being mananged.

"“What’s more important is it looks odd the governor is going to have a third lieutenant governor in a four-year term. That then raises questions I don’t think the governor wants raised. It brings back the Walsh story, it goes to the fundamental question of, 'Is the governor competent?'” -MSU political science professor David Parker in the Billings Gazette, 12/1/2016

"There’s a gap there. There’s obviously a gap between her account of what took place and the fact that you felt her frustration was disruptive. I mean, there’s something else there.” -Montana Standard editor David McCumber, 12/16/2016

#MTGov Daily Rundown: Senate President Calls for Investigation of Bullock's DPHHS

State Senate President Debby Barrett is calling for an investigation into the Montana Department of Health and Human Services after the news broke last month that DPHHS auditors had claimed they were fired or punished by the Bullock Administration for pointing out wrongdoing in the agency.

"State Sen. Debby Barrett is asking for an investigation into allegations of waste, fraud and abuse within the Department of Health and Human Services."

"Barrett, the senate president, asked the audit division to investigate allegations:

• by former internal agency auditors who accused state officials of discouraging DPHHS staffers from investigating a variety of questioned payments going back 11 years;
• that a Columbia Falls vendor used more than $536,000 in federal money that was meant for financial literacy and job training to buy construction materials and equipment;
• that $4.1 million in federal money meant to defray the cost of enrolling children from low-income families in Medicaid was instead diverted to disability, drug addiction and senior care vendors;
• that internal agency auditors were not allowed to fully investigate transactions, "sometimes through bullying or being warned not to adopt a 'gotcha attitude' toward contractors';
• by two DPHHS employees they were told by Bullock to push through "questionable welfare payments" to important Democratic voting blocs;
• by former DPHHS audit reviewer Wendie Fredrickson that "state officials have accused employees of insubordination as a means of getting rid of those who speak out"; and
• at least seven employees who raised red flags were fired or demoted and three who raised questions were accused of insubordination before being fired." -Helena IR, 10/20/2016

In September, news broke that former DPHHS auditors were accusing the Bullock Administration of encouraging illegal payments, discouraging auditors from investigating wrongdoing, and punishing auditors who spoke out.

"Former Montana auditors have accused state officials of discouraging Department of Health and Human Services staffers from investigating a variety of questioned payments dating back to 2005." -Helena IR, 9/11/2016

"Emails from current and former DPHHS staffers, along with court filings and whistleblower complaints obtained by the Independent Record, identified at least seven long-tenured state employees who raised red flags before they were demoted or fired. At least three staffers who raised questions were accused of insubordination before being fired. 

Two of those staffers claim high-level administrators, acting on orders from Bullock, pushed through “questionable” welfare payments to important Democratic voting blocs on Indian reservations and ignored DPHHS auditors’ questions about hefty checks cut to major welfare program contractors. Bullock, through a spokeswoman, flatly denied those claims." -Helena IR, 9/11/2016

Where does the buck stop?

The Bullock Administration continues to have major issues overseeing state government.

ICYMI: Greg Gianforte proposes the Office of Government Accountability

The Bozeman Daily Chronicle reported earlier this month that the Bullock Administration has paid more than $900,000  to settle employee claims. The administration refuses to say why in most cases, and at least one legal expert says that the administration is violating the law.

"Democratic Gov. Steve Bullock’s administration has paid more than $900,000 in settlements to state employees over the last three years, according to public records. On most, state agencies won’t say why.

The state has paid 42 employees settlements totaling more than $745,000. Each is listed as 'confidential' in the state’s checkbook, which has been published online since 2013, the year Bullock first took office. The payments range in amounts from $120 to $122,000." -Bozeman Daily Chronicle, 10/13/2016

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

Legislative Auditors found that the Department of Corrections has been housing adult inmates at the Pine Hills Facility near Miles City and the Riverside Prison for girls near Boulder. However, Montana law prohibits adults and juveniles from being housed in the same facility.

"The Montana Department of Corrections is breaking the law by housing youth and adult offenders in the same facility and by contracting to send girl offenders to a youth prison in Idaho, a recently released audit found." -Associated Press 10/4/2016

Last year, a state audit found 125 accounting errors and a $1 billion overstatement of accumulated depreciation that occurred on Bullock’s watch. It was a “billion dollar mistake.”

“This wasn't just a single accidental oversight. Instead, the problems are deep -- 125 errors and lack of internal controls. Sadly, those controls, had they been in place, according to the audit division, could have caught these problems earlier. In other words, there weren't even controls in place to catch problems.” -Billings Gazette, 7/3/2015