Thursday, October 6, 2016

#MTGov Daily Rundown: Bullock's DOC Caught Violating the Law



Where does the buck stop?

The Montana Department of Corrections under Governor Steve Bullock has been caught violating the law by the Legislative Audit Division.

"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


Auditors note 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.

"However, state law prohibits the department from placing youths in facilities where adult offenders are carrying out their sentences, the auditors wrote.

In the case of Pine Hills, department officials followed federal regulations that require youth offenders to be separated from adult offenders by sight and sound. But Montana law states explicitly that youth and adult offenders can't be housed in the same facility at all, the auditors wrote." -Associated Press 10/4/2016



Auditors also point out that the Dept. of Corrections' decision to move juvenile female inmates from the Riverside facility in Boulder to Idaho in order to allow the facility to hold adult inmates violates state law.

"The auditors found the contract is in violation of state law. The department may only sign a contract for the placement and care of delinquent youth when the youth prison population is over capacity, or when the state doesn't have an adequate facility, the report said." --Associated Press 10/4/2016


The findings are the latest in a string of problems with oversight by the Bullock Administration.

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


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


Arguably one of the state’s most vital functions is Child Protective Services. However, Montana CPS continues to struggle performing its basic functions as kids fall through the cracks. This issue only appears to be worsening under Bullock.
The audit report found extensive weakness in Montana Child Protective Service’s documentation, with many intake reports incomplete, and investigations taking much longer than the law allows” -Montana Public Radio, 1/12/2016

“The audit report found more problems with how the cases were handled rather than the number of cases swamping workers. The audit said, as a result of poor documentation, the department is frequently unable to justify the decision it makes when assessing investigation reports of child abuse or neglect.” -Montana Public Radio, 1/12/2016

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



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