A Ravalli County District Court judge has ruled that there are sufficient grounds for a recall election to move forward against Stevensville Mayor Brandon Dewey. Judge Howard Recht’s ruling on August 14 said that Dewey “acted outside the law and without legal authority” when he signed a $79,800 contract with First Call Computer Solutions on behalf of the town. In June, Dewey filed a lawsuit with the district court, arguing that the recall shouldn’t have been approved for circulation. Dewey’s position was that the recall petitions misrepresented the situation surrounding the recall effort.
The recall effort is organized by resident Leanna Rodabaugh. Petitions accused Dewey of violating his oath of office because contracts of the size of the First Call contract 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.
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. The recall election is scheduled to take place by mail-in ballots on November 3, 2020.
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.”
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.”
Dewey provided a written statement that will be included on the recall election ballot:
“The Mayor did not violate Montana Law, Stevensville Code, or his oath in authorizing the purchase of IT services needed for the Town. The Town’s Attorney investigated and determined that all purchasing activities were done legally and compliant with laws.
“Montana law has a process for bidding when dealing with “other than professional, technical, engineering, or legal services.” This process does not apply to IT services. According to MCA 7 5-4301 contracts for professional, technical, engineering, or legal services are excluded from certain provisions.
“The Council adopted a Purchasing Policy in 2014 to delegate authority to departments and the Mayor for purchases in varying dollar amounts. Though this policy, the Council puts trust in the Mayor to spend within the budget without direct oversight.
“The purchasing policy states that for other professional services, including non-construction services totaling between $1,501 – $25,000 per agreement, purchases contained in the current fiscal year budget …, Departiment Supervisor’s need only get confirmation by the Mayor prior to purchasing.
“With Council’s approval in the 2019-2020 Budget, the services totaling less than $25,000 in FY2019-2020 was consented to by the Town Council. The Council had authorized several payments to the vendor after the Mayor authorized the purchase.”
In a town council meeting after the contract was signed, Stevensville Town Attorney Scott Owens stated that Dewey did nothing illegal 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.