The efforts to recall Stevensville Mayor Brandon Dewey hit a stumbling block last week that virtually assures there will be no recall election this August despite the fact that sufficient signatures have been gathered to place it on a special ballot. At a hearing on July 9, District Court Judge Howard Recht left the election process on hold and asked for further briefing from the opposing parties concerning issues in the case. County Clerk and Recorder and Election Administrator Regina Plettenberg told the judge that given the delays to date, if the recall was approved to go forward it would most likely have to go on the regular ballot in November.
The lawsuit was filed by Dewey against the petition sponsor Leanna Rodabaugh and Election Administrator Plettenberg and challenges the validity of the recall election. He claims that Rodabaugh’s petition is invalid because it is based on lies and misinformation and should not have been approved for circulation in the first place.
Rodabaugh’s petition claims that Dewey approved a $78,000 contract with an IT company without council approval. Dewey argues that the information presented in the petition is misleading. He claims the expenditures were approved in the budget and that the three-year non-binding agreement he signed was approved when the budget was passed and that town policy does not require council approval for the mayor to contract out the work. He claims that Rodabaugh knew all this when she filed the petition and thus swore a false oath about its truth. Dewey is represented by Missoula attorney Natasha Prinzing Jones of Boone Karlberg PC.
Rodabaugh initially wanted former mayor Jim Crews, who helped her write the recall petition, to represent her at the hearing. Crews, who initially sat at the defense table, was not allowed to do so because he is not an attorney. Rodabaugh ended up calling Crews as a witness as well as former council member Steve Gibson and current council president Bob Michalson. All three witnesses testified that the mayor signed the contract in question without council approval.
Jones argued that the mayor didn’t need council approval according to the municipal policies, that he was not in violation of any laws and she suggests that the recall petition was politically motivated.
Judge Recht asked the two sides to provide additional briefing on a few issues facing the court. He asked how the court should deal with the possibility that it was a political issue that should be resolved in some other fashion. He also wanted to hear what legal standard the court would apply to determine whether it should invalidate a petition approved by an election administrator. Thirdly, he asked for briefing on whether supplementary information provided as part of the recall petition should have been more widely disseminated to the people who signed.
The briefs are due by July 17 and respective replies are due by July 24.
Susan Devlin says
Crews when the recorder asked you if you were an attorney you replied “no but I’m representing her”. You were told to leave the table and go sit “on a bench”
How you turn things around is absolutely amazing and, sadly, you end up believing your lies. I was there. I never saw/heard the county attorney tell you to sit with her. You say things and therefore they’re true.
Jim Crews says
I did not represent Leanna. I was told to sit at the chair by the County Attorney. It was not my idea. I was there to support Leanna and did not even know I would be called upon.
I cannot find anything in the purchasing policy either in 7.(b, 7.(b.(ii, or 7.(b(iii exempts the mayor from bringing a contract before council. It would also appear that the approval of a contract must be by voice vote and the Ayes and Noes recorded. Now this is not legal opinion, or advice, this is what the law says as follows:
7-5-4121. Conduct of council business. (2)The ayes and noes must be called and recorded on the final passage of any ordinance, bylaw, or resolution or the making of any contract. The voting on the election or appointment of any officer must be viva voice. A majority of the whole number of the members elected is requisite to appoint or elect an officer, and such vote must be recorded.
So, I do not see anywhere in that law that says you can bypass this if its included in the budget.
Don’t skirt the issue. It is the responsibility of any government official to take the conservative approach to go above and beyond to make sure the requirements are met. Not to try to slip it in without notice. Its called transparency…….something this mayor says, no other administration has been as transparent as this one…..Yeah….right.
The law is supposed to be written so that anyone can understand the law. Read it for yourself and open your eyes. Again, I am not a lawyer, and this is not legal advice, its just my personal opinion. You take it for what its worth.