If you’ve been following the Grulkowski scandal in the discrimination case Rina Moore filed, you already know that the county has paid more than $50,000 for Moore’s claim. In addition, the county provided an attorney to represent Grulkowski in the matter. That is above and beyond the private attorney the county hired.

State Law Provides “Indemnification” for Government Employees

This happened because state law requires it. 2305 (2) MCA states, “In any noncriminal action brought against any employee of a state, county, city, town, or other governmental entity for a negligent act, error, or omission, including alleged violations of civil rights pursuant to 42 U.S.C. 1983, or other actionable conduct of the employee committed while acting within the course and scope of the employee’s office or employment, the governmental entity employer, except as provided in subsection (6), shall defend the action on behalf of the employee and indemnify the employee.” 

But Not For Actions Beyond The Scope of Their Duties

At the very end of that section providing for the defense and indemnification of an employee, there is an exception. It reads, “In a noncriminal action in which a governmental entity employee is a party defendant, the employee may not be defended or indemnified by the employer for any money judgments or legal expenses, including attorney fees, to which the employee may be subject as a result of the suit if a judicial determination is made that:

(a) the conduct upon which the claim is based constitutes oppression, fraud, or malice or for any other reason does not arise out of the course and scope of the employee’s employment;

Grulkowski’s Action Was Clearly Beyond The Scope of Her Duties

If the county allowed the case to be litigated, it would not be responsible to provide a lawyer for Grulkowski, because her participation in the hiring decision which resulted in the discrimination claim did not, “arise out of the course and scope of the employee’s employment.” That’s because the commission adopted a resolution which moved the elections office from the clerk and recorder’s office to the county commission. The county included the following language:

“WHEREAS, appointing an Election Administrator to serve at the direction of the Board of Cascade County Commissioners will eliminate the appearance of impropriety as any single Commissioner whose seat appears on the ballot in a given calendar years shall be required to abstain from all decisions concerning the operation and management of the election office during that calendar year until such time as the election for said office is finalized;”

This language clearly prohibited Rae Grulkowski from participating in all decisions concerning the elections office. Grulkowski ignored the resolution and  county officials failed to make her comply.  Read our blog post here, https://wtf406.com/?s=Resolution

We Are Paying Because The County Failed To Enforce It’s Own Rules

Here we are eight months later providing a personal attorney for Grulkowski for illegal acts which were clearly beyond the scope of her employment. The fact of the matter is that our elected county officials failed us in this matter and now the final insult is that we all pay for independent counsel for Grulkowski. Anyone who thinks Republicans are fiscal conservatives hasn’t been watching Cascade County.