Mary Ann Boggs recall, Glacier County, Montana (2015-2016)

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Glacier County Treasurer recall
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Officeholders
Mary Ann Boggs
Recall status
Recall approved
Recall election date
May 3, 2016
See also
Recall overview
Political recall efforts, 2016
Recalls in Montana
Montana recall laws
County official recalls
Recall reports

An effort to recall Mary Ann Boggs in Glacier County, Montana, from her position as treasurer was proposed on May 11, 2015, and paper work for the recall was filed on August 12, 2015. Voters approved the recall of Boggs on May 3, 2016.[1]

The recall petition was motivated by dissatisfaction with Boggs' work and allegations that the treasurer failed to prepare important reports and documents in a timely manner. Recall proponents also claimed Boggs violated the Freedom of Information Act.[2]

At a county commission meeting on May 11, 2015, at which Treasurer Mary Boggs made a late appearance, a resident of Cut Bank named Elaine Mitchell told county commissioners that a recall petition targeting Boggs had been prepared. Mitchell said, “If we don’t see improvement very soon it will go out.”[2]

The first recall petition was rejected by the county clerk, but it was amended and refiled on September 2, 2015. On September 9, 2015, the Glacier County clerk approved the recall petition form for circulation.[2][3][4][5] Petitioners submitted signatures on November 30, 2015, and a recall election was announced in January.

Recall vote

The recall election was initially scheduled for March 29, but due to a publishing error on the notices, it was rescheduled for May 3. Ballots were mailed out on April 13.[6] On the ballot citizens voted either for or against the recall of Boggs. Included on the ballot were the reasons for the petition by Elaine Mitchell and a statement by Boggs in her defense.[7]

Recall Election
ResultVotesPercentage
Yes check.svg Recall1,74484.29%
Retain32515.71%

The responsibility to appoint an interim treasurer falls with the county commissioners. The interim term lasted through the November 2016 election, and the person that was elected won the remaining two years of Boggs' term.[8]

Recall supporters

Recall supporter arguments

A county resident named Elaine Mitchell official filed the recall petition paperwork.[4]

Mitchell said, “Unfortunately (Boggs) has failed to perform her duties as treasurer."[4]

When Boggs was late to the county meeting on May 11, 2015, Cut Bank Schools Superintendent Wade Johnson told commissioners, “My problem’s not with you guys, but we’re still talking about trying to get our January A-101s. I heard her say last week she’d be working nights, weekends, whatever it took…and she’s not here this morning.” Johnson concluded, “The bottom line is the job needs to get done and it isn’t getting done now.” Johnson also stressed that Glacier County might be late enough with school reports to cause a real problem. He said the county districts might be "holding up the rest of the state’s schools budgeting process and that’s not somewhere we want to be.”[2]

Also addressing the commissioners, Wayne Dusterhoff, an East Glacier resident, said, “If this isn’t going to work you need to start her termination of office…her job is to be here and explain to you, the public and the schools.”[2]

The following grounds were given for the recall on the official recall petition form:[9]

  • Incompetence for violating her oath of office by failing to discharge her duties in the office of Glacier County Treasurer; and
  • Boggs has committed official misconduct by negligently failing to perform mandatory duties as required by law;
  • Boggs has failed to submit a cash report since taking office in December 2014 as required by Montana Code Annotated 7-6-2111 and 20-9-212;
  • Boggs has failed to submit district revenues or the designated custodian report to the School Districts in Glacier County, Montana since taking office in December 2014 as mandated by Montana Code Annotated 7-6-2111 and 20-9-212(6);
  • Boggs has failed to respond to a Freedom of Information Act request which is mandated by Federal law.[10]

Recall opponents

In an article published on August 22, 2015, Mary Boggs wrote, “In the nearly nine months I’ve held office, my team and I have become proficient at treasury; this is thanks to the previously elected treasurer and assistance from an auditing firm that supported my new team’s success. The team in the Treasurer’s Office is a wonderful, hardworking group of people who are still learning the ins and outs of the job, accepting challenges with open arms.”[4]

Path to the ballot

See also: Laws governing recall in Montana

In Montana, recall petition paperwork must contain a statement outlining the violations or improper conduct motivating the recall. Moreover, some factual evidence must be given that the accusations are true. On August 12, 2015, Elaine Mitchell filed paperwork for a recall against Mary Boggs. On the advice of Glacier County Deputy Attorney Mark Westveer, however, Glacier County Clerk and Recorder Glenda Hall rejected the recall petition because it did not include either a detailed statement of the allegations against Mary Boggs or any evidence to corroborate the accusations.[3]

Mitchell officially refiled the recall petition paperwork on September 2, 2015, saying she fixed the problems with the original petition. On September 9, 2015, the Glacier County clerk officially approved the second recall petition for circulation. In order to qualify the recall for a vote, petitioners needed to collect 1,098 valid signatures from Glacier County residents who were registered to vote in the election in November 2014. Signatures needed to be submitted by December 7, 2015. On November 30, 2015, petitioners submitted over 1,410 signatures.[4][5][9]

Boggs was given the choice of resigning or submitting a 200-word defense to the recall. The deadline to resign was January 8, which she chose not to do, and the deadline to submit the defense was January 11.[11]

See also

External links

Recent news

This section links to a Google news search for the term "Mary + Ann + Boggs + recall"


Footnotes