An investigator with the Montana Human Rights Bureau issued a report finding that the Secretary of State’s office discriminated against Rina Fontana Moore when it emailed the Cascade County Commission urging them not to hire her for a position running the election office.
After removing election duties from Clerk and Recorder Sandra Merchant last December, the county commission opened an election administrator position. Rina Fontana Moore applied for the open position. In a highly suspect hiring process, the commission hired Terry Thompson, who had no experience or training in running elections. Fontana Moore has 16 years experience and extensive election administration training. (See our post about the hiring process: https://wtf406.com/?s=Rae+Grulkowski+)
Secretary Of State Urged County To Deny Fontana Moore Election Job
On February 14th, the Republican Secretary of State, Christi Jacobsen, sent an email to the Cascade County Commissioners urging them not to hire Fontana Moore: “Please do not hire Ms. Moore or a member of her administration as Cascade County’s Election Administrator. Doing so would directly undermine the voters of Cascade County, among other reasons.” Her letter closed, “Thank you and God Bless, Christi”. The next day the county commission voted to offer the job to Terry Thompson.
Commissioners Joe Briggs and Jim Larson said they were surprised by the email. Both said they felt it was inappropriate. Briggs said, “I took it as a personal political statement that was done inappropriately.” The county attorney’s office contacted the secretary of state’s office. Jacobsen’s legal counsel said she had a First Amendment right to make the comments. When contacted by The Electric, Jacobsen’s office did not respond.
Fontana Moore Files Discrimination Complaints
Eleven days later (February 27), Fontana Moore filed discrimination complaints with the Human Rights Bureau of the Department of Labor. \One complaint was filed against Cascade County for discrimination based on her political beliefs in denying her the election administrator position. The other was against the Montana Secretary of State for advocating a discriminatory action by Cascade County.
Merchant And Grulkowski Mum About Meeting With Secretary of State
On March 1, two days after Fontana Moore filed her complaints, Jenn Rowell of the Electric was at a meeting in the Capitol building in Helena. She saw County Commissioner Rae Grulkowski and Clerk and Recorder Sandra Merchant going into the Secretary of State’s office. They came out about 20 minutes later. The Electric contacted Grulkowski and Merchant and asked what their business was in the Secretary of State’s office and if county funds were spent on their visit. They did not respond.
Cascade County Settles With Fontana Moore
The Human Rights Bureau accepted Fontana Moore’s complaints and initiated an investigation. As part of the process, the parties in human rights complaints attempt to resolve their complaints through mediation. On October 4, the Cascade County Commission approved paying Moore $52,500 to settle the complaint against the county on the advice of their attorney. The settlement resolved the complaint.
Rae Grulkowski was the only county commissioner voting against the settlement. Her actions on the hiring committee clearly put the county at risk in the discrimination complaint. Ironically, the county paid for Grulkowski to have an attorney separate from the outside lawyer the county hired to defend against the complaint. (See our post on Grulkowski’s legal fees: https://wtf406.com/?s=Grulkowski+)
Secretary Of State Declines To Settle; Complaint Goes to Formal Hearing
The Secretary of State’s office declined to participate in mediation. Election administrator and former chief legal counsel for the Secretary of State’s office, Austin James, argued that Fontana Moore should not be appointed election administrator because she lost her 2022 reelection to Merchant for Cascade Clerk and Recorder. Since the case was not settled in mediation, the investigator completed her investigation and found that the Montana Secretary of State’s actions were discriminatory. The case will now move forward to a formal hearing.