Spreadbury v. Bitterroot Public Library et al

Filing 261

Statement of Undisputed Fact re: 259 MOTION for Summary Judgment DEFENDANT LEE ENTERPRISES INC'S MOTION FOR SUMMARY JUDGMENT. (Attachments: # 1 Exhibit A - Aff of Backus - Newsworthy, # 2 Exhibit B - Petition to Ravalli County, # 3 Exhibit C - Pl to Messina (10-19/2007), # 4 Exhibit D - Pet Recall Sheriff Hoffman, # 5 Exhibit Pet Recall Ravalli Co Attorney Corn, # 6 Exhibit F - Ltr Pl to McCulloch (2/10/2009), # 7 Exhibit G - Ltr Commrs to Pl (2/17/2009), # 8 Exhibit H - Ltr PL to McCulloch w Recall Pet, # 9 Exhibit I - Ltr Kimmet to PL (3/13/2009), # 10 Exhibit J - Ltr Quintana to PL (3/23/2009), # 11 Exhibit K - Ravalli Republic Article (2/19/2009), # 12 Exhibit L - Blog Bitterroot Rising (2010), # 13 Exhibit M - Blogger User Profile, # 14 Exhibit N - Crystal Cox Blog (2011), # 15 Exhibit O - Blog - Ravalli Co Sheriff Dept (8/8/2009), # 16 Exhibit P - Crystal Cox Blog (2012), # 17 Exhibit Q - Library Thing, # 18 Exhibit R - Spreadbury Youtube MT, # 19 Exhibit S - Ravalli Republic Article (11/3/2009), # 20 Exhibit T - Find My Threat Story (11/17/2011), # 21 Exhibit U - Ravalli Republic Article (6/9/2010), # 22 Exhibit V - USDC Complaint (7/30/20100, # 23 Exhibit W - Aff Backus (Standard of Care), # 24 Exhibit X - Aff Devlin (4/2/2012), # 25 Exhibit Y - Bitterroot Rising Archives (2010)) (Smith, Jeffrey)

EXHIBIT

J

SECRETARY OF STATE
STATE OF MONTANA

Linda McCulloch
Secretary of State

Montana State CaPitol
PO Box 202801
Helena. MT 59620-2801

March 23,2009

Michael Spreadbury
P.O. Box 416
Hamilton, MT 59840

RE: RecallPetition
Dear

Mr. Spreadbury:

This office received your revised petition calling for the recall of Attomey General Steve
Bullock on March 17 ,2A09. The following is our legal opinion on whether or not the recall petition
submitted by you meets the requirements under the Montana Recall Act, Mont. Code Ann. $$ 2-16-601,
et seq.

The Montana Recall Act ("The Act") requires that petitions to recall state officers, such as the
Attorney General, be filed with the Secretary of State. Mont. Code Ann. $ 2-16-615. The Act provides a
suggested form, which the recall petition must substantially follow. Mont. Code Ann. $ 2-16-616. The
sample petition submitted to the Secretary of State must be accompanied by a statement containing the
reasons for the desired recall. Mont. Code Ann. 5 2-16-617(a). In addition, "the truth of purported facts
contained in the statement shall be swom to by at least one of the petitioners before a person authorized
to administer oaths." Mont. Code Ann. $ 2- 1 6-6 I 7 (4). The Secretary of State must review the petition
for suffrciency as to form, and approve or reject the petition within one week of receiving it. Mont.
Code Ann. $ 2-16-616 (3). If the Secretary of State refuses to approve the petition as to form, an action
for mandamus may be pursued in district court. Mont. Code Ann. $ 2- 1 6-6 I 5.

In general, the form requirements set forth in these statutes are as follows: (1) waming and
preamble, (2) size and format, (3) number of pages, and (4) swom, definite, and specific statement of
facts. Mont. Code Ann. $g 2-16-616 and 617.

Reception: [phone] - Business Services Division: 444-3665 - Elections and Government Services Division: 444-4732
Administrative Rules Division: 444-2055 - Records & Information Management Division (1320 Bozeman Avenue):444-9000
Management Services Division: 444-2035
F ax:. 444-3976 http://www.sos.mt.gov

il.lt-19+

Michael Spreadbury
Page2
The petition must contain the wan'ring and preamble found at section 2-16-616

(l), MCA, rvhich

states:

WARNING

A person who knowingly signs a name other than the person's own to this petition, who
signs the person's name more than once upon a petition to recall the same officer at one
election, or who is not, at the tirne of signing this petition, a qualified elector of the state
of Montana entitled to vote for the successor of the elected officer to be recalled or the
successor or successors of the officer or offrcers who have the authority to appoint a
person to the position held by the appointed officer to be recalled is punishable by a fine
of no more than $500 or imprisonment in the county jail for a term not to exceed 6
months, or both, or a fine of $500 or imprisonment in the state prison for a tenn not to
exceed 10 years, orboth.

RECALL PETITION

Honorable

To the
Secretary of State of the State of Montana (or name and
office of other filing officer): We, the undersigned qualifred electors of the State of
Montana (or name of appropriate state-district or political subdivision) respectfully
petition that an election be held as provided by law on the question of whether
holding the office of ..............., should be recalled for the following reasons: (Setting out
a general statement of the reasons for recall in not more than 200 words). Each signer
certifies: I have personally signed this petition; I am a qualified elector of the state of
Montana and (name of appropriate political subdivision); and my residence and postoffice address are correctly written after my name to the best of my knowledge and
belief.
Numbered lines must follow this language and must contain spaces for the signature, post-office
address, and printed last name of the signer.
The petition must be no more than 8.5 by 14 inches or a continuous sheet folded in those
dimensions. Circulation sheets must be ruled with a horizontal line 1.5 inches from the top of every
sheet with the space above that line remaining blank. Mont. Code Ann. $ 2-16-617(l). The petition may
be divided into sections with each section containing no more than twenty-five circulation sheets. Mont.
Code Ann. S 2-16-617(2).

A

sample circulation sheet shall be reviewed by the filing officer for sufficiency of fonn. The
sample shall be approved or rejected within one week. Mont. Code Ann. g2-16-617(3).

The question as to what constitutes sufficiency as to form has been addressed by the Montana
Supreme Court. See Steadman v. Halland, 197 Mont. 45, 641P.2d 448, (1982). The Court stated "[t]he
section [2-16-617(4)J requires that both the petition submitted for approval and the statement attached to
the petition explain the basis for the recall. As the grounds for the desired recall specifically constitute
part of the form of the petition, the Secretary of State is empowered to reject the petition unless it meets

Michael SpreadburY
Page 3

of grounds for
all of the statutory requirements. 38 Op.Att.Gen. 4l (lg1g).We agree that lhe$-atement
;part of the form of the petition' and find that the filing officer not
recall to be included in the petition is
,empowered to' buiis required to reject the petition_when it does not comply with statutory
only is
the petition has a duty
requirements.,, 1g7 Mont. at 52, 641 p.Zd. it 452-51.The frling officer reviewing
legal guidelines'
to ieject a petition if the staternent that is the basis of the petition does not rneet
at54',641
In Slteetry v. Ferda,235 Mont. 63,765P.2d722(1988), quoting steadman,l97 Mont'
P.2d at 453, the Montana Supreme Court held that:
in
is not enough for a recall petition to allege one of the grounds for recall as set forth
of the
section 2-' 6-603(3), MCA.The recall petition must also include a clear statement
alleged acts constituting the grounds for recall.

[I]t

Sheehy, 235 Mont. at 7 0, 7 65 P.2d at 726.

Applying the law to the petition to recall Attorney General Steve Bullock, it is apparent that the
petition miets ,o-., but not all of the requirements necessary under The Act. The Office of the Attomey
General is a statewide elected office and ihus the petition is properly before the Secretary of State. The
proposed petition substantially complies with the required warning and recall petition language found in
iection 2-16-6I6,MCA. The petition also meets the requirements of section 2-16-616(2), MCA in
regards to the numbered lines containing spaces for the signature, address and printed last name of the
signer.

The petition is accompanied by a sworn written statement of facts supporting the reason for the
recall. Section Z-16-6li(4) states "[t]he truth of purported facts contained in the statement must be
sworn to by at least one of the petitioners before a person authorized to administer oaths.o'The statement
of facts attached to the petitionstates "l, Michael Spreadbury do attest that the following is true and I
swear to this with a penalty of perjury if these facts are not true." The Act requires that statements be
sworn, not attested. fnir *uy *.un that the petition is not properly swom according to statute and while
it may withstand judicial scrutiny, I would recommend that the petitioner use the term provided in
statute to avoid any issues of validity.
Section 2-16-6\6,MCA, states that the recall petition must include "a general statement of the
reasons for recall . . .." The statement of facts in this petition reads:

INCOMPETENCE
Atio*.y General Bullock knowingly presides over a justice system that is top to bottom
com.rpt. It includes the Montana Bar Association, Judicial Commission, Highway Patrol,
Department of Justice and local Law Enforcement units. Mr. Bullock does not uphold
jusiice, merely what is expedient to their cause of the moment. The Attorney General is
willing to thriaten unyon" willing to challenge his illegal reign at MT DOJ. Case in point
is a 20b7 phone conversation where he threatened a decorated FEMA officer and
Montana resident with loss of employment, and residence if said person questioned his
department. Mr. Bullock is willing to cover illegal activities for local officials when
needed. This includes obstructing justice and issuing threats.

Michael Spreadbury
Page 4

OATH OF OFFICE:
Attomey General Bullock violates the state and federal oath of office by not upholding
equal protection under the law as described in those documents'

In Sheehy,the Montana Supreme Court stated that "[t]he Montana Recall Act requires that the
charge of incompetence, when it is used for recall, [must] be based on the 'truth of purported facts
contained in the statement'sworn to by apetitioner." 235 Mont. at69,765P.2da1726.
Likewise, the Montana Supreme Court has held that specificity of the alleged facts is an
important part of a recall petition. The second stated ground for recall "violation of state and federal oath
of office" simply states that "Attorney General Bullock violates the state and federal oath of office by
not upholding equal protection under the law as described in those documents," without giving any
detail or specificity as to the natule of the violation. Also in Sheehy, quoting Steadman,l97 Mont. at 54,
641P.2d at 453, the Montana Supreme Court held that:
enough for a recall petition to allege one of the grounds for recall as set forth in
section 2-16-603(3), MCA. The recall petition must also include a clear statement of the
alleged acts constituting the grounds for recall.

[I]t is not

Sheehy, 235 Mont. at 7 0, 7 65

P

.2d at 726.

Based on the law as described above, the grounds that Attorney General Bullock violates his oath
of office does not meet the requirements of specificity required. The charge does not specify how the
Attorney General fails to uphold equal protection, but is merely a conclusory and general statement that
fails to meet the rule requiredby Steadman.

The petition also alleges that "Attorney General Bullock knowinglypresides ouer a justice
system that is top to bottom corrupt (ernphasis added)." It alleges that this justice system includes "the
Montana Bar Association, Judicial Commission, Highway Patrol, Department of Justice and local Law
Enforcement units." The statement that Attorney General Bullock presides over "the Montana Bar
Association, Judicial Commission, ... and local Law Enforcement units" is factually incorrect. The State
Bar of Montana was created by order of the Montana Supreme Court in January, 1974 and is governed
by a Board of Trustees elected by its members. The Montana Judicial Standards Commission was
created by amendment to the State Constitution in 1973 and is composed of two district court judges
elected by the district court judges, one attomey appointed by the Supreme Court, and two members of
the public appointed by the Govemor. Local law enforcement units are city police officers and county
sheriff s officers. Attorney General Bullock exercises no supervisory authority over the State Bar of
Montana, the Judicial Standards Commission or local law enforcement units.

In addition, the statement alleges that "[t]he Attorney General is willing to threaten anyone to
challenge his illegal reign at MT DOJ. Case in point is a2007 phone conversation where he threatened
decorated FEMA offrcer and Montana resident with loss of employment, and residence if said person
questioned his department (emphasis added)." This statement is factually incorrect. Attorney General
Bullock took office in January 2009 and, therefore, any allegation having to do with conduct before he
took office appears to not be relevant. While this statement may have the specificity required, it is
surrounded by statements that fail to meet the Steadman rlile.

a

Michael Spreadbury
Page 5

The Montana Supreme Court has consistently held that the reasons for recall must be sufficiently
specific to acquaint the public, whose signatures are sought, with the acts complained of, and to enable
the challenged officer to defend the alleged conduct. Steadman, 197 Mont. at 54, 641 P.2d at 453; Foster
v. Kovich, 207 Mont. 139, 149,673 P.2d 1239, 1245 (1983).
l^

Ct^-),-^-,ilt )Leuurrcur, a petition to recall

the Yellowstone County Sheriff alleged that "sheriff Shaffer
acted in a manner to bring discredit to himself and the Department by OFFICIAL MISCONDUCT
stemming from an incident in Sweet Grass County on November 7, 1980." 197 Mont. at 53-54, 641P.2d
at 453. The Montana Supreme Court held that statement to be deficient because it failed to adequately

inform the public of the acts constituting the alleged official misconduct, and did not give the sheriff
enough information to adequately defend himself. The Court stated: "[t]he 'genelal statement' required
by section 2-16-616 (l), MCA, demands more specificitythan this." 197 Mont. a|54,641P.2dat453.
The proposed petition fails on all of the grounds annunciated by the Court.
The Steadman court also stated "[{he logic of this policy is peculiarly applicable to the case at
bar, because the initial review of recall petitions is intended to save the public and govemment officials
the time and expense of circulating and responding to a petition which is fatally defective." 197 Mont. at
52. 641 P.2d at 452.

In analyzing the proposed petition, it is readily apparent that it falls short of the legal requirement
for a recall petition and is legally insufficient to go forward.
The Montana Supreme Court has stated that "[t]he legal sufficiency of the allegations fin a recall
petition] is not left to the electorate. Therefore, a petition may never reach the electorate because it fails
to specify acts legally sufficient to constitute grounds for recall under section 2-16-603(3) of the Recall
Act." Sheehy, 235 Mont. at70,765P.2dat726, quoting Foster,207 Mont. at 150, 637 P.2dat1246.
Therefore, it is my opinion that your revised recall petition fails to meet the statutory
requirements of the Montana Recall Act and must be rejected by this offrce.

You may correct the identified flaws and resubmit the petition to this office or petition the
District Court for a writ of mandamus if you believe the petition meets the statutory requirements.
Sincerely,

r'

.11

MCA 2-16-600 Montana Recall Act
Recall of MontanaAttomey General
Waming:
A pcrsou who knolvirrgly signs a namc ollrcr than thc pcrson's own to this pctition, rvlro sigts thc pcrson's
uilprc lrorc than oncc uporr a petition to rccall thc sanc offiocr at onc clection or who is not, at the time hc
signs this petition a qralified clectorofthi Statc ofMontrna, cntitlcd to votc for thc successor ofthc
clccfcrj of{iccr. to be lccallcd or thc succcssor of succcssors of thc officcr or officcr who ltave the authority
to appoint the position lrcld by thc rypoinlcd officcr to bc rccallcd is purtishablc by a fine of no morc tlun
$50b'or irlprisonrnent in thc iountyjril for r tcrm not to cxccctl 6 ntonths , ol both, or imprisonrneltt in thc
statc prisoll systcln trot to cxcccd l0 ycats or both.

Recall Petition:
To the Honorable Linda McCulloch, State Election Aclministrator:
Wc thc unclersigncd qualificd clcctors ofThc Statc ofMortana respcctfully petition that an clection bc held
as provided by larv on thc qucstion ofrvlrcthcr Stcvc Bullock, holding thc office ofMontaDa Atlorncy
Ccncral should bc recallcd lor thc Ibllowing rcasons:

INCOMPETENCE:
Attomey General Bullock knowingly presides over a justice systcm that is top to botton
cor.r.upt. It ilcludes the Montana Bar Association, Judicial Conrnrission, Highway Patrol,
Departmeut of Justice, ascl local Law Enforcetrrent ullits. Mr. Bullock does not uphold
justice, merely what is expedicnt to their cause of the moment. The Attorney Gellelal is
witling to tlueaten anyone willing to challenge his illegal reign at MT DOJ. Case in point
is a 2007 phoue cottvetsatiorr whele he tlrreatetled a decorated FEMA officer and
Montana lesident with loss of employmcnt, aild residence if said pcrsol questioned his
depaftment. Mr. Bullock is willing to cover illegal activities for local officials when
needecl. This includes obstructingjustice and issuing thtcats.
O.4TI] OF OFFICE:
Attorley General Bullock violates the state and federal oath ofoffice by not upholding
equal protectiotr under the law as described in those documents.

EACI] SIGNER CERTIFIES:
I have personally signcd this pctition; I arn a qualified elcctorofthe Statc ofMontana, and my residence
acldrcsi and Post Officc address are corrcclly writtcn aftcr my ntrrnc to best of lny knorvledgc and bclicf.
-Post Office Addless---*-Date
(Address where
Printed last

Sisnature

name

registered)

L.
J.

8.

10.

Ravalli Recall
PO Box 416
I-Iamilton MT 59840

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