Federal Agency Finds No Fault in Anti-Trapping Group

After K C York, Ravalli Early Head Start (REHS) employee and former Executive Director of Footloose Montana had numerous charges of violations of Montana’s political campaign practices dismissed by Jonathan Motl, former attorney for Footloose Montana and current Montana Commissioner of Political Practices (COPP); a charge of violating the federal Hatch Act was levied against Ms. York, due to the fact that REHS is a federally funded program.

In the original charges on the State level Ms. York, then REHS employee and named as Deputy Treasurer/Coordinator for the Ballot Issue Committee - Trap Free Montana Public Lands, was charged with failing to declare the value of the use of the office equipment of REHS which was used to communicate with and fax Ballot Initiative Committee reports to the office of the COPP on 16 documented occasions, over an approximate 20 month period. Montana COPP and former Footloose Montana Attorney Jonathan Motl determined that Ms. York’s use of the REHS office equipment on the 16 occasions, during the life of the ballot issue committee, was “although confirmed” it was “of no consequence” and in his opinion “considered de minimis such that they need not be reported or disclosed”. Motl, who was appointed by Governor Bullock, while acting as Montana’s COPP in cases such as this, is allowed to be the “investigator”, the “prosecutor”, the “judge”, the “jury” and at his discretion either “savior” or “hangman”.

In her defense, it is believed that after being found out and York’s use of the REHS office equipment was made public, Ms. York made a deal with REHS to pay for the use of the office equipment used by her; also by doing so was able to continue her employment with REHS.

As to the charges of the Hatch Act violation, the U.S. Office of Special Counsel in an April 8, 2016 letter wrote, in part, that:

“….5 U.S.C. § 1501(4). A state or local employee covered by the Hatch Act is prohibited from: (1) using her official authority or influence for the purpose of interfering with or affecting the result of an election;….”

“….However, even assuming Ms. York is subject to the Hatch Act as an REHS employee, OSC has determined that her alleged activity would not violate the Act. We understand that the mission of the Trap Free Montana Public Lands’ ballot initiative is to ban private trapping in Montana. Activity directed at the success or failure of such an initiative is not the kind of partisan political activity that the Hatch Act interdicts. Therefore, Ms. York’s alleged activities in support of this ballot initiative, even if true, would not constitute a Hatch Act violation….”

From the ruling of the Office of Special Counsel and the dismissal of the “York Complaint” by Motl, one can surmise that, if a group promoting or opposing a ballot initiative were to set up headquarters, run a ballot issue campaign and use the office equipment of a federally funded program or organization it would not violate the Hatch Act and by precedent, in Montana, the use of the office equipment would be “considered de minimis such that they need not be reported or disclosed.”