Thursday, October 13, 2016


#MTGov Daily Rundown: Bombshell Report: Bullock Admin Won't Say Why it's Paid More than $700K in Employee Settlements

The Bozeman Daily Chronicle is reporting this morning 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


This is yet another issue for Governor Bullock regarding Montana's open records laws. 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


This is also not the first time that questions have been raised regarding the Bullock Administration's handling of whistle blowers. Last month, the Helena IR  reported that former state auditors were accusing Bullock of wrongdoing.

"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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