Attorney General intervenes in “false claims” case against former COPP Dave Gallik

Attorney General Tim Fox’s office alerted a Missoula court Thursday that the state will intervene in a lawsuit against former Commissioner of Political Practices Dave Gallik.

Gallik resigned as the state’s top political and ethics watchdog in January 2012 after the Great Falls Tribune reported allegations made by Gallik's former staff members that Gallik, an attorney, was conducting private law practice work out of his state office.

Two months later the Bozeman-based Montana Policy Institute sued Gallik under a state statue called the “False Claims Act,” a law Gallik carried when he served as a Democrat in the House of Representatives in 2005.

Democratic Gov. Steve Bullock, when he was still serving at attorney general, appointed Great Falls attorney Ward "Mick" Taleff to represent state in the case. Last November, Taleff argued on behalf of the state  that the case should be dismissed because the Montana Policy Institute, the plaintiff in the case, lacked standing to bring the lawsuit.

Missoula District Judge John Larson rejected the state’s claim and on April 12 ruled the  lawsuit against Gallik could proceed.

Thursday was the deadline for the current attorney general, Republican Tim Fox, to either intervene in the case or step aside and let MPI continue the litigation against Gallik.

John Barnes, communications director for the Attorney General’s Office, said the state will intervene. The state has 20 days to serve the complaint against Gallik.

“We feel that the claims that are being made against Gallik are serious,” Barnes said. “Given the nature of all of this – this has implications for state employees and state government in general – we feel its best handled by attorneys representing the State of Montana and best handled by the Department of Justice.”

Gallik said it is “odd” that the new attorney general decided to intervene in the case.

“That seems like a reversal of position,” Gallik said.

Gallik maintained  he did nothing wrong while serving as the commissioner of political practices.

“I told everybody that I am going to continue my law practice. I took the job because of the fact that I could continue my law practice. Nothing has changed. The job was a salaried position, I did the job, nothing has changed,” Gallik said.

A committee of top legislative leaders is meeting today to choose candidates to fill the commissioner position. Gallik’s successor, Jim Murry, ended his term last month and the position is now vacant. Senate President Jeff Essmann, House Speaker Mark Blasdel, Senate Minority Leader Jon Sesso, and House Minority Leader Chuck Hunter are interviewing five candidates today and will soon make recommendations to Governor Steve Bullock.

Eleven applicants vie for Commissioner of Political Practices post

Eight men and three women have submitted applications to become the next commissioner of political practices.
Current commissioner Jim Murry’s last day was Wednesday.
Former Democratic Gov. Brian Schweitzer appointed Murry to the post last year after the previous commissioner, Dave Gallik, resigned amid allegations that he used his office for private law practice work.
Murry did not seek confirmation to the post, and so the search for a new commissioner began this legislative session. A job posting went out on April 16.
The commissioner of political practices is responsible for investigating alleged violations of the election laws and, with the county attorneys, for enforcing election and campaign practice and finance laws.
According to the job posting the qualifications for the job include being a citizen of the United States and a resident of Montana and, on the date of appointment, a registered voter in Montana. 
A selection committee composed of the Republican House Speaker Mark Blasdel, Republican Senate President Jeff Essmann, Democratic House Minority Leader Chuck Hunter, and Democratic Senate Minority Leader Jon Sesso, will select a pool of candidates to interview at a May 3 meeting from those who applied. The selection committee will pick at least two and not more than five finalists to forward to Gov. Steve Bullock.
Bullock must appoint a successor within 30 days of the vacancy, but he doesn’t have to appoint someone from the list of lawmakers submit to him.
The 11 candidates who have applied for the post include:

• James Ashmore, a business analyst for the state’s Information Systems Security Office at the Department of Administration in Helena.
• Jeffrey Barber, government relations director for the Nature Conservancy’s Montana chapter in Helena.
• Debra Ann Brown, of Winston, the current treasurer for the Montana Republican Party.
• Ellen Bush, of Helena, the former executive director of Court Appointed Special Advocates who most recently served as Secretary for the House Business and Labor Committee in the Legislature.
• Russell Hart, a third-year law student at the University of Montana School of Law in Missoula set to graduate in May. Hart works as a hearings officer for the Missoula Housing Authority.
• Robert Hoffman, of Butte. Hoffman served as an investigator for the commissioner of political practices from 2007-2010 under former commissioner Dennis Unsworth.
• Joel Krautter, second-year law student at the University of Montana School of Law in Missoula.
• Gary Moseman, the former managing editor of the Great Falls Tribune. Moseman retired from the Tribune last year after 30 years at the newspaper.
• Jonathan Motl, a Helena attorney with the firm Morrison, Motl and Sherwood. Motl has represented ballot issue proponents and opponents over the years and has worked on campaign finance laws.
• Daniel Ritter, a real estate agent with Trails West Real Estate in Lakeside. Ritter worked as an amendment coordinator and Sergeant at arms for the Montana Senate.
• Colleen Urquhart-Fillner, a Helena freelance writer and former policy advisor to former Republican Gov. marc Racicot.

The appointment is for the completion of the 6-year term ending December 31, 2016, and the candidate will be ineligible for reappointment. The position pays $57,699 annually.
The selection committee’s May 3 meeting in Helena is open to the public. 

Need a job? State seeking new Commissioner of Political Practices

Just got a press release stating that legislative leaders are seeking applicants to serve as the next Montana Commissioner of Political Practices, the state official who oversees election and campaign finance laws.

The successful applicant will fill the remainder of outgoing commissioner Jim Murry’s term, which expires December 31, 2016. Murry, who Gov. Brian Schweitzer appointed last year, did not seek confirmation from the Republican-controlled Senate. According to statute, Murry’s appointment is effective until the end of the session.

The selection committee includes Republican House Speaker Mark Blasdel, Republican Senate President Jeff Essmann, Democratic House Minority Leader Chuck Hunter, and Democratic Senate Minority Leader Jon Sesso.

The committee select a pool of applicants to interview at a May 3 meeting. The selection committee will select at least two, and not more than five, finalist's names to forward to Democratic Gov. Steve Bullock.

Bullock must appoint a successor within 30 days of the vacancy. The governor is not required by law to appoint someone from from the list lawmakers submit to him.

The commissioner of political practices is responsible for investigating alleged violations of the election laws and, with the county attorneys, for enforcing election and campaign practice and finance laws. Qualifications for the job include being a citizen of the United States and a resident of Montana and, on the date of appointment, a registered voter in Montana. The appointment is for the completion of the 6-year term ending December 31, 2016, and the candidate will be ineligible for reappointment. The position pays $57,699 annually. The selection committee has scheduled a meeting May 3, 2013, in Helena which will be open to the public.

Who do you think should be the next COPP? Tell us in the comments.

Interested parties should submit letters of interest and application materials by 5 p.m. April 23, 2013. Candidates should also submit a resume and answer the following questions:

1. Are you familiar with restrictions Montana law imposes upon the activities of an individual holding the office of COPP? How did you acquire your familiarity?

2. What is your legal writing experience? Have you had any mediation or arbitration experience?

3. Have you ever been party to a complaint filed with the COPP?

4. What is your current or past involvement with either the campaign of a candidate or a ballot initiative?

5. Have you been affiliated with a political party or political action committee? If yes, how will this affiliation affect your ability to render impartial decisions on complaints filed against candidates, PACs, and ballot initiatives?

6. Have you or a family member been involved in the legislative process as a lobbyist?

Interested applicants should send their applications to

Candidate Selection Committee

c/o Legislative Services Division

PO Box 201706

Helena MT 59620-1706

sfox@mt.gov

Link to Commissioner of Political Practices website: http://politicalpractices.mt.gov/default.mcpx

Link to Statutes Pertaining to Commissioner of Political Practices: http://data.opi.mt.gov/bills/mca_toc/13_37.htm

Judge says false claims lawsuit against former COPP Dave Gallik can proceed

In an order filed today, Missoula District Judge John Larson said a lawsuit against former Commissioner of Political Practices Dave Gallik can proceed.

Gallik resigned as commissioner in January 2012, shortly after the Great Falls Tribune reported allegations made by Gallik's former staff members who claimed Gallik, an attorney, was conducting private law practice work out of his state office.

The  Bozeman-based conservative watchdog group the Montana Policy Institute brought the lawsuit in March 2012 after the articles first ran in the Tribune.

The lawsuit was filed under the “False Claims Act,” a law Gallik carried when he was in the state House of Representatives in 2005.

The False Claims Act law authorizes a private person to prosecute a recovery and civil sanction action on behalf of the state government against any person who obtains payment from a government entity by means of a knowingly false or fraudulent representation or claim. The Montana Attorney General can then decide whether to join in on the lawsuit, stay out of the lawsuit, or move to dismiss the lawsuit altogether.

Great Falls attorney Ward "Mick" Taleff, the attorney representing the state in the case, last November argued in court that the case should be dismissed because the Montana Policy Institute lacked standing to bring the lawsuit.

The state asserted that Gallik’s alleged conduct was performed within the scope of his duties to the state. The state also argued the allegations in the complain mirrored those publically disclosed in the Tribune articles, and thus MPI cannot identify direct and independent knowledge of the allegations.

MPI argued in court that the group filed a freedom of information request several moths prior to the Tribune’s FOI request and subsequent news reports.

Larson ruled  in favor of MPI, saying state law does not  preclude MPI from bringing the case. The judge denied the state’s motion to dismiss the case.

The state now has 10 days to elect to intervene in the proceedings against Gallik or it must notify the court that it declines to take over the action. If the state elects to intervene, the state has to serve the complain on all defendants within 20 days of the intervening action. If the state declines to intervene, then then MPI can serve the defendants and move on with the lawsuit.

I’ll update this post throughout the day as I learn more.

UPDATE: Here’s the judge’s full order.

Former GOP election chief back on the ballot

Former Secretary of State Brad Johnson is back on the June 5 primary ballot after a computer glitch threatened his candidacy for most of the day Wednesday.

Johnson, who is running in a four-way Republican primary to challenge current Secretary of State Linda McCulloch, failed to turn his D-1 business disclosure form to the Commissioner of Political Practices by the March 20, 5 p.m. deadline.

According to state law: "the name of a candidate may not be printed on the official ballot for an election if the candidate or treasurer for a candidate fails to file any statement or report as required by this chapter."

However, lawyer contracted by the commissioner's office later determined that the D-1 form in question was not specifically required under the statute.

"We had attorney look at the statute regarding certification, and because there was a question as to whether the D-1 fit under that requirement we went ahead and certified the four candidates who were missing the D-1 form," said Mary Baker, program supervisor for the Commissioner of Political Practices.

Baker had previously sent a letter to McCulloch Tuesday informing the secretary that nine candidates, including Johnson, failed to submit all the necessary paperwork to the commissioner's office and thus would be ineligible for the primary election ballot.

The Secretary of State's Office then removed Johnson and eight other candidates from the ballot.

Johnson maintained all along that he attempted to file the D-1 form through the CPP's online system and that he thought he had done so successfully. It wasn't until he was contacted by a reporter Wednesday that he realized the CPP office never received the form.

According to Johnson, an investigation by Commissioner of Political Practices Jim Murry and CPP investigator Julie Steab later confirmed that Johnson's computer and Internet browser appeared to be incompatible with the online software used by the commissioner's office.

"We walked through the process that I went through yesterday when I thought I had successfully filed the form," Johnson said. "Sure enough, the submit button at the bottom of the form flashes, there was no error message and no reason to believe it didn't go through properly."

A spokeswoman for Secretary of State Linda McCulloch confirmed that the commissioner's office sent a second letter after business hours Wednesday retracting the names of four candidates who had not filed the D-1 form.

Johnson, who spent much of Wednesday wondering whether his candidacy was in jeopardy, praised Murry and the staff in the commissioner's office for working to correct the snafu.

"The commissioner went out of his way to meet with me and then they were out at my house the same day and they were here working through the actual process I engaged in yesterday," Johnson said. "The commissioner made a very real good-faith effort to resolve this in an expedited matter."

Johnson said the incident highlights the fact that the commissioner's office is in need of additional funding and resources and tools to improve the online filing system.

"I'm not talking about commissioner or his staff's performance. They were great today and went out of their way to expedite this," Johnson said. "The Legislature needs to assign a much higher priority for staffing and funding for that office."

Right-wing blogger sues newly appointed Commissioner of Political Practices

A self-described advocate for “small and transparent government” filed a lawsuit against the newly appointed Commissioner of Political Practices seeking records related to the former commissioner's activities while in that office.

Edwin Berry, an atmospheric physicist and right-wing blogger from Bigfork, is asking the court to force political practices commissioner Jim Murry to turn over records related to former commissioner Dave Gallik’s alleged misconduct.

Gallik resigned in January after the staff in the office accused him of falsifying his state time sheet and doing private practice attorney work from his state office. Gallik denied the charges and said the commissioner’s fabricated the allegations to force him out because they didn't like his management style.

Matthew Monforton, Berry's Bozeman-based attorney, said his client filed the lawsuit because he has an interest in getting to the bottom of the allegations made against Gallik.

"If commissioner Gallik was performing or working on behalf of private clients and using state time and state resources to perform that work, that than would create very serious and perhaps criminal problems," Monforton said. "If the allegations are true that Mr. Gallik falsified time records, then that could potentially be theft of public funds."

The lawsuit asks the court to force Murry to turn over documents. Murry declined a public records request Berry made on Feb. 21 seeking records because of an ongoing ethics complaint Berry filed against Gallik last fall. Berry filed the complaint because Gallik was still listed as the treasurer for the Democratic Legislators Alumni Association political action committee while serving as commissioner.

Murry wrote in a Feb. 23 letter to Berry that because Berry's complaint was pending before a hearing examiner, Murry was unable to provide the document.

Rumor Mill: Jim Murry favorite for CPP spot

Rumor has it that Gov. Brian Schweitzer wants to appoint longtime labor leader Jim Murry as the next commissioner of political practices. Murry was executive secretary of the Montana AFL-CIO from 1969-1991.

The governor’s office did not respond to an e-mail seeking comment yesterday. However, I’ve been told the governor’s office wants the two Democrats on the panel – Senate Minority Leader Carol Williams  and House Minority Leader Jon Sesso – to nominate Murry to replace former commissioner Dave Gallik, who resigned last month amid allegations he misused his state office for private business.

Schweitzer doesn’t have to choose from the list of nominees he gets from the four-member, bi-partisan panel made up of Republican and Democratic legislative leaders. He can appoint anyone he wants to the position.

Whomever Schweitzer appoints will presumably hold the post at least until the Legislature convenes in January 2013. If Republicans control the Senate in the next session, Schweitzer’s appointee could face a tough confirmation process. Republicans blocked former commissioner Jennifer Hensley’s confirmation earlier this  year, leading to Gallik’s appointment. 

The State Administration and Veterans’ Affairs committee will hold a conference call Thursday morning – just prior to when commissioner of political practices selection committee is scheduled to meet – to discuss Peterson’s request that the committee ask the Department of Administration to not delete any files from Gallik’s computer.

Murry’s appointment – if it happens – would likely irk already irritated Republicans. There are rumblings that if the GOP isn’t satisfied with Schweitzer’s appointment they’ll consider attempting to call themselves into special session. Regardless of what happens, the political drama surrounding the Office of the Commissioner of Political Practices is likely to drag on into the 2012 election season.

Ethics official resigns amid allegations

The state's top elections and ethics enforcement official resigned late Tuesday amid allegations that he improperly used his state office and computer to conduct private law practice business on state time.

Commissioner of Political Practices Dave Gallik told the Tribune that he informed Gov. Brian Schweitzer of his decision to resign after learning that his staff in the commissioner's office called the police Tuesday.

Gallik said he did not know why the staff called police while he was out of the office.

The Tribune on Sunday reported allegations made by all four members of the commissioner's office that Gallik was fudging state time sheets and logging state pay for hours spent working on private practice matters, a charge Gallik denied.

Tuesday marked the first business day the commissioner's office was open following the Martin Luther King, Jr. holiday and the publican of allegations in Sunday's Great Falls Tribune.

Gallik said he "did not say one word" to his staff on Tuesday when he arrived at the office.

"I can't afford to have more false accusations. They're calling the cops and I didn't say a word," Gallik said in an interview shortly after telling the governor that he planned to resign.

Gallik called his staff's accusations against him "a political, Republican-based fight against me."

In a series of interviews with the Tribune the commissioner’s staff claimed Gallik regularly used state resources to conduct his private practice. They alleged that Gallik was logging hours on the state payroll when he was actually out of the office and working on private practice business. Gallik denied the allegations and said he often did commissioner's work from his private office.

The attorney representing the four members of the commissioner's staff did not immediately return a phone call seeking comment.

For more read tomorrow's Great Falls Tribune.