In Montana, Stevensville Mayor Brandon Dewey has filed a lawsuit in Ravalli County District Court seeking to stop the recall election against him. The lawsuit argues that the recall petitions did not include important context about the allegations against him and that the recall therefore shouldn’t have been approved for circulation. The recall election is scheduled to take place via mail-in ballots on August 4, 2020.
The recall effort is being organized by resident Leanna Rodabaugh in response to Dewey signing a $79,800 contract with First Call Computer Solutions on behalf of the town. Petitions accused Dewey of violating his oath of office because contracts of that size would normally require approval from the town council. Rodabaugh said that the way the contract was signed bypassed the competitive bid and contract award process.
Dewey responded to the recall effort and said, “If you strictly took state law and municipal ordinance, I think, yes, a case could be made that there was some impropriety. But that’s only true if you completely ignore the purchasing policy which the council adopted a number of years ago and has reviewed on a regular basis since delegating this authority to department heads and the mayor.”
Petitions were approved for circulation on April 7, giving petitioners until July 6 to submit 251 valid signatures in order to put the recall election on the ballot. Petitions were accepted by Ravalli County Clerk and Recorder Regina Plettenberg on May 22, and 254 signatures were found valid.
Dewey sent a letter to Plettenberg after the signatures were verified. He wrote that the recall petition is “invalid and should be rejected on the basis of unsworn falsification and tampering with public records or information. These facts presented in the meeting by City Attorney Scott Owens conclude that there was no merit to the allegations brought forth, now presented in the recall petition, and that no illegal action had been taken by the mayor or administration. Ms. Rodabaugh was aware of these facts when submitting the petition and further omitted the authority given to the Mayor in the purchasing policy from the language in the petition she submitted. Therefore, she has knowingly submitted false allegations and information in the recall petition.”
In a town council meeting after the contract was signed, Stevensville Town Attorney Scott Owens stated that Dewey did not commit an illegal act because, while an agreement had been signed by the mayor for an amount of money that usually would require council approval, the money had been included in the budget that the council approved and was only being paid out incrementally. Owens said that Dewey’s actions were close to illegality but did not cross the line.
In 2019, Ballotpedia covered a total of 151 recall efforts against 230 elected officials. Of the 66 officials whose recalls made it to the ballot, 34 were recalled for a rate of 52%. That was lower than the 63% rate and 57% rate for 2018 and 2017 recalls, respectively.