Allen Underdal recall, Toole County, Montana (2015)
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An effort to recall Allen Underdal in Toole County, Montana, from his position on the Toole County board of commissioners was proposed in August 2014.[1] Signatures were certified for a recall election, but a date was not set.[2] In January 2015, a judge ruled that "no genuine issues of material fact exist[ed] to establish Underdal engaged in official misconduct," and the recall effort did not go to a vote.[3]
Recall supporters
Arlene Lager, who initiated the recall petition, argued that Underdal engaged in misconduct. Lager alleged that Underdal retained legal counsel for the CEO of Marias Medical Center, Mark Cross. The recall petition also contended that Underdal's legal authority was exceeded when he authorized the payment of $57,615 from county funds to pay for Mark Cross’ legal representation. Marias Medical Center was wholly owned by the county.[1]
Recall opponents
Response by Allen Underdal
Underdal said all three Toole County commissioners approved of the alleged misconduct. Since the county was named as a defendant in the case against Marias Medical Center, Underdal argued he was protecting county resources. He noted:
| “ | I was serving as the commissioner representative on the hospital board, and we all had an interest in protecting the hospital. When we take our oath of office it says we need to protect our county and its assets. Certainly that’s what we were doing. We were protecting a county asset. We were doing our jobs as a group of county commissioners not as an individual. They just picked me out of the bunch.[4] | ” |
| —Allen Underdal[1] | ||
On August 22, 2014, Underdal filed a complaint with Judge Brenda Gilbert. Judge Gilbert initially ruled against Underdal, allowing recall signatures to be counted. However, Gilbert ultimately ruled, "The record establishes that Underdal did not act unilaterally and without approval of all of the commissioners in authorizing payment for the services of said legal council. The payment of said attorney's fees was approved by county commissioners (Ben) Ober and (Deb) Brandon, a fact which they have verified in their affidavits." Therefore, even though enough signatures were collected, no date was set for the recall, and the effort did not move forward.[3]
Path to the ballot
- See also: Laws governing recall in Montana
Supporters of the recall needed to collect valid signatures from at least 15 percent of registered voters in the county to trigger a recall election. According to Toole County Election Administrator Treva Nelson, about 390 signatures from Toole County voters were needed to force a recall.[1] After the signatures were submitted, the Toole County clerk and recorder’s office certified 407 signatures, 17 more than were needed. Ultimately, the recall did not go to a vote after a judicial ruling on the case.[2]
Montana recall law
This recall did not go before voters because Montana law allows recalls only for the following reasons:
- physical or mental lack of fitness
- incompetence
- violation of the oath of office
- official misconduct
- conviction of a felony offense
When a recall petition request is initially filed, it must include the reason for the recall. Montana law states, "A person may not be recalled for performing a mandatory duty of the office that the person holds or for not performing any act that, if performed, would subject the person to prosecution for official misconduct." The recall petition for Allen Underdal accused him of official misconduct regarding the allocation of funds. Thus, when Judge Gilbert ruled that Underdal was not guilty of misconduct, having received full approval from the county board of commissioners for the spending in question, the recall petition was invalidated and was not put on the ballot.
See law: Montana Code, Title 2, Chapter 16, Section 603
See also
External links
Recent news
This section links to a Google news search for the term "Allen + Underdal + recall"
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Great Falls Tribune, "Judge orders Toole Co. recall petition move forward," November 21, 2014
- ↑ 2.0 2.1 Great Falls Tribune, "Community remains divided over doctor, medical center," December 20, 2014
- ↑ 3.0 3.1 Great Falls Tribune, "Judge ends petition to recall Montana commissioner," January 20, 2015
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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