On Friday, August 21, 2020, during a routine public document search, it was discovered that an email transmission from Republican central committee chairman, Maryrose Beasley to Clerk & Recorder Cheryl Tomassi had transpired. Beasley's email was as follows. Thursday, August 20, 2020, "would you please email copies of the certified circulation of record papers that Dave ponte should have filled for each of the last five years? Thank you." Cheryl's response, "I will have Bonadee email them to you." Beasley's response, "Thanks!" Several hours later, Beasley responded to Ms. Tomassi again, "I'm pretty sure Dave is supposed to file those BEFORE July 1 everyway. Here's not been in compliance in 2019 or 2020. Public ads published in that paper don't qualify as legal postings because of his failure to file in a timely manner. There may be fines. Also, anyone can argue the public want properly notified if public announcements. I think you need to look into it and make it right."
Beasley misstates the facts. First, Dave Ponte has been publisher only since January 1, 2018. Secondly, the form that she painfully tries to identify is a "Municipal Sworn Statement of Circulation." This form is filed with the City of Roundup. Thirdly, the other form is filed with Musselshell County and is called "County Sworn Statement of Circulation." Both documents are on file with both governmental entities.
Beasley's attempt to bring discredit on this 113-year-old newspaper and silence an instrument essential to all of our 1st Amendment rights is both laughable and sad. Beasley is both a part of the cabal that has infested the community. She also is attempting to control free speech and prevent the exposure of corruption within the boundaries of Musselshell County. An attorney close to the situation and knows the players involved in this attempt to thwart a free press investigation into Mussslshell County’s problems, stated off the record. "Beasley is not alone and did not act on her own accord, someone within the county with a legal background advised her in what documents to request." A source close to the Republican central committee stated, "Maryrose should be focusing on getting Republicans elected locally and not spending time trying to discredit the press." "She is just bringing more negative press to the local party, which is hurtful to the party."
Beasley could not be reached as she is vacationing in the Cayman Islands.
Exhibitors Choice Winner
Don Iszler from Billings
1947 Studebaker M5 Pick Photo by Dale Algeru
More Cars & Pars Photos on Page 8p
Another text from Beasley sent Sunday Aug. 23rd. “Please send me a copy of Mike’s advice to you regarding not installing Mike turley as our commissioner.”
The following is the text of the county commission meeting minutes from August 10, 2020, which also is on Page 8 in its entirety.
“Commissioner Goffena made the motion discuss and sign Resolution 2020-24 Appointing Interim District 3 Commissioner. Commissioner Borner seconded the motion. Discussion Commissioner Borner said that when Tom Berry resigned, the County Attorney issued an opinion that there should be no interim appointment. MACo disagreed. The Musselshell County Republican Central Committee could put someone on the ballot in November. Now the County Attorney gave this Resolution to our secretary, without even a conversation with us to appoint Mike Turley as interim. Attorney Mike Meloy does not think we should fill the position. Mike Turley agrees to not fill the position. Commissioner Goffena made the motion to not pass Resolution 2020-24 Appointing Interim District 3 Commissioner. Commissioner Borner seconded the motion. Motion to not pass carried.”
What follows is outside counsel Mike Maloy’s opinion, Mike Maloy is contracted by the county to handle work that the county attorney is not able to discharge.
Nicole: August 8, 2020
“You advise that the county attorney has submitted to Ms. Tomassi a resolution to appoint Mike Turley to fill Adam Carlson’s seat and asked that consideration of the resolution be placed on Monday’s commission agenda. You have asked for my opinion concerning the legal propriety of adopting this proposed resolution.
As I indicated in my letter of July 7th, 2020, I agreed with Mr. Peterson’s opinion that any vacancy occurring in the second or fourth year of the commissioner’s term and between March 1st and August 1st must be filled by application of MCA 7-4-2106 (3) & (4). According to Mr. Peterson’s opinion letter of April 15, 2020, the statue does not permit appointment of an interim commissioner. Rather, it provides that the seat remains vacant until the general election. While his letter was directed at the vacancy created by Mr. Berry’s resignation, the applicable law he correctly construes applies with equal force to the vacancy created by Adam Carlson’s resignation on July 9th, 2020.
The proposed resolution is in direct contravention of Mr. Peterson’s original opinion and is also contrary to the clear dictate of 7-4-2106 (3) that “whenever a vacancy occurs prior to August 1 before the general election held during the second or fourth year of the term and individual must be elected to complete that term at the general election.” Accordingly, the commission does not have the authority to appoint an interim commissioner. That, of course was precisely what Mr. Peterson concluded in his April 15th letter opinion.
While it may seem harmless or convenient to appoint Mr. Turley to fill the vacancy, the law does not permit the commission to do so. Any interim appointment would be in direct contravention of the plain language of 7-4-2106(3). When a statute’s terms are specific, the Montana Supreme Court requires strict adherence. There is no room for interpretation, leniency, or supposition of the statute’s intent.
In the event the commission should adopt Mr. Peterson’s proposed resolution, all actions of the commission taken between now and the end of the year will be in jeopardy and subject to legal challenge as ‘beyond the powers’. In any such challenge, Mr. Peterson’s letter opinion of April 15 will be the challenger’s “Exhibit 1.” Accordingly, my opinion is that adoption of the resolution is contrary to law, Mr. Peterson’s April 15th opinion letter and imposes enormous risks for all commission action undertaken through the end of the year.”
Peter Michael Meloy
A source familiar with the August 10th commission decision regarding Peterson’s proposal, stated, “Why would Peterson propose something that would get the county into deeper hot water than it has been for the last two years?” “Why is Maryrose acting on behalf of Peterson?” Is Peterson a competent attorney or is he trying to get the county commissioners in trouble, because trouble usually costs money and we as taxpayers will be required to foot the bill.”
This newspaper will continue to follow and dig into the sources of the problems that plague county government, where ever it leads.
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