#MTGov Daily Rundown: Questions Continue in Bullock’s Email Saga

“Did Bullock and his staff NEVER use their official email accounts for state business?”

The Montana Attorney General has confirmed that Governor Steve Bullock did not turn over any of his emails from his time as attorney general. This means that it cannot be determined which emails  should have been retained under the state’s open records laws.

“Montana Gov. Steve Bullock did not hand over any of the emails he wrote or received as attorney general to his successor in 2013, so the state Department of Justice is unable to determine whether any messages should have been retained but were deleted, according to a department official.” -Associated Press, 10/18/2016

Bullock was required to turn over records, including emails, pertaining to state business. However, he didn’t turn over ANY email records? Does that mean that, in 4 years as Attorney General, Bullock nor any member of his staff ever discussed emails on his official state account?

“Bullock was required to turn over records requiring retention but he had the discretion to decide which records to turn over.” -Associated Press, 10/18/2016

From KTVM (Bozeman) 10/18/2016:

Montanans were recently 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

Montana state law in MCA in 2-6-1002 states that Montanans are entitled to state information considered public. This defined as “information prepared, owned, used, or retained by any public agency relating to the transaction of official business, regardless of form.”