Is the Mayor above the law?
Mayor Dewey broke the law and violated his oath of office! How can a city maintain law and order if the official tasked with upholding it does not abide by the very rules he’s meant to enforce?
There are many instances of Mayor Dewey being a law unto himself but in this we’ll address what led to the Recall vote of Mayor Dewey. We have no pretense of pretending bias or non-bias. This is a strait-forward review of the law he broke and the findings of Judge Howard Recht in the case Mayor Dewey brought to receive injunctive relief from this Recall vote.
Contracting IT Services
Mayor Dewey took it upon himself to find IT services for the city regardless of the cities purchasing requirements.
The undisputed facts are that the Town Council chose to use the bidding process to obtain a contract for IT services and published an RFP for IT services in May 2019, a fact of which Dewey was well aware. Judge Recht in Dewey vs Rodabaugh and Plettenberg; Page 20 first paragraph
Dewey’s tortured interpretation of the Purchasing Policy would require the Court to … ignore the two explicit provisions in 7b) that address contracts: (1) the provision in the initial paragraph of Section 7b) that states: “All contracts for services must be approved by the Town Council,” and (2) the provision in the first 7b)ii): “ii) Other Professional Services: as per the Town’s policy, any contract must be approved in advance by the Town Council.Judge Recht in Dewey vs Rodabaugh and Plettenberg; Page 21 middle paragraph
Town Council Unaware
If you take the time to read through the attached case you’ll find that the Mayor found an IT service for the city, he didn’t bring it up in the budget meeting of Dec 12 2019, but then he authorized it immediately AFTER the budget was passed and utilized their services for the city. It wasn’t until March 2019 that the town council learned of the existence of a contract with First Call Computer Solutions.
I ask, how is it possible that the first time the Town Council finds out about an existing contract is at a town council meeting if legally, the Town Council must approve such a contract before it can exist?
Mayor Dewey took the following oath of office when he assumed the role of mayor as do all executive officers in the state of Montana.
I do solemnly swear (or affirm) that I will support, protect and defend the constitution of the United States, and the constitution of the state of Montana, and that I will discharge the duties of my office with fidelity (so help me God).Montana Constitution Article III, Section 3 – Oath of Office
Dewey Broke The Law
Mayor Dewey broke the law. He violated his oath of office as found by Judge Recht.
The legal issue here is whether Dewey’s actions taken with regard to the First Call contract that did not comply with governing statutes, ordinances, or policies constitute the discharge of the duties of his office without the requisite fidelity or faithfulness. The Court determines they do. The discharge of the duties of the office of any elected official requires compliance with governing legal authorities. [emphasis added]Judge Recht in Dewey vs Rodabaugh and Plettenberg; Page 24 middle paragraph
Mayor Dewey’s actions show that he believes he’s above the law. What happens to you when you break the law, do you not receive a ticket that must be paid for speeding, or get arrested for any number of other infractions. Mayor Dewey took an oath to discharge his duties with fidelity and he’s not living up to it. This is only ONE of MANY infractions showing Mayor Dewey does not follow the law. Again, how can the executive officer [mayor] tasked with ENFORCING the law, enforce it when he doesn’t abide by it himself?
Please also take some time to watch this video for a more in depth view of this case.
Also, read what the Ravalli Republic reported on this case.