Sign for the Cascade County Election Office photographed on March 31, 2023. (Photo by Nicole Girten/Daily Montanan)
An investigation conducted by the Montana Department of Labor and Industry Human Rights Bureau has concluded that an email sent by Secretary of State Christi Jacobsen to the Cascade County Commission during the hiring process for a new election administrator amounts to unlawful discrimination.
Jacobsen’s email, sent on Feb. 14, asked the commission not to hire Rina Fontana Moore or a member of her administration for the position. Moore had previously been Cascade County’s Clerk and Recorder for 16 years, a position that had overseen the election department.
According to an Oct. 8 report obtained by the Daily Montanan, the Bureau looked into whether Jacobsen attempted to “aid, abet, incite, compel or coerce” Cascade County into not hiring Moore because she is a Democrat, and ultimately concluded that the email “sought to dissuade the hiring panel from hiring Moore based on her political belief.”
The Secretary of State’s office did not respond to requests for comment by the time this article was published.
In 2022, Moore, lost reelection to her position as Clerk and Recorder, an office that “records real estate and personal property documents, plats, surveys, birth, and death certificates; maintain county-wide accounting and financial reporting system, accounts payable, budgets, and fixed asset control; administers District Court Reimbursement and Missile Snow Removal programs” as well as oversees the election department. Her opponent, Republican Sandra Merchant, won by fewer than 40 votes.
However, following a year of mishaps in the election office under Merchant, including two lawsuits alleging errors in county-run elections, the county commission passed a resolution to transfer election duties from the clerk and recorder, creating a non-partisan, non-elected election administration job.
Moore applied for the job and interviewed with the county commission along with three other candidates, including Lynn DeRoche, Moore’s former assistant, in early February.
On Feb. 14, Jacobsen sent her email asking the three Cascade County commissioners “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.”
The next day the commission unanimously voted to hire Terry Thompson, former CEO of the Great Falls Association of Realtors, for the position.
Moore requested public information from the county about the decision and found Jacobsen’s letter, and filed a complaint with the Human Rights Bureau shortly after, alleging her political beliefs were the primary reason for not being hired. Her complaint named Jacobsen, the State of Montana, Cascade County and the three Cascade County commissioners — James Larson, Joe Briggs and Rae Grulkowski.
Commission Chairperson James Larson previously told the Daily Montanan he was “shocked” when he first saw Jacobsen’s email come through, because it was done in an official capacity, but that it did not sway his decision.
The commission settled their portion of the complaint with Moore for $52,500 on Oct. 4.
Moore said she considers the findings of the Bureau to be a win, even with the hearing for the dispute with the state still to be scheduled.
“I will claim victory because they found cause against (Secretary Jacobsen),” Moore said. “She’s guilty, that’s what the report said. I never did this to make a bunch of money. I would prefer to have my job back.”
Marieke Beck with the Human Rights Bureau conducted the investigation, which included interviewing Moore, Grulkowski, Jacobsen and Secretary of State Election Director Austin James.
According to the report, Jacobsen said it was James who informed her of the situation in Cascade County and Moore’s application. According to Jacobsen, James made a compelling case but “she did not recall specifics other than ‘lack of professionalism’ and Moore’s ‘lacking basic kindness and graciousness to our staff.’”
James told Beck that the Secretary of State’s office had received “abundant” complaints about Moore’s performance, and cited instances of the county falling behind on voter cancellations and on motor vehicle registrations — though documents show the latter occurred after Moore left office.
Moore told the Daily Montanan she is aware of four complaints about the professionalism of her office, two of which were filed after she left office.
“That’s two real complaints in 16 years,” she said.
James also said his main concern was that it was “necessary to listen to the voice of the voters and honor the ‘integrity of the process.’”
Moore told the Daily Montanan that she disagrees with the notion that because she was voted out of office she shouldn’t be eligible for a job that was once classified under an elected position.
“Ninety percent of the public doesn’t know clerk and recorders traditionally oversee elections,” she said. “The ballot says nothing about elections. It’s just a tag-on,” similar to a county public works director also overseeing the solid waste department.”
The report states that while Jacobsen argued Moore’s political ideology did not prompt the email, “both Jacobsen and James expressed the sentiment that because Moore lost the election, it somehow disqualified Moore from holding the job … If an employer takes an adverse act against an applicant because she was not elected, this looks like a form of political belief discrimination.”
With Beck’s conclusion that there is “reasonable cause to believe unlawful discrimination occurred,” the Bureau attempted to resolve the case through a 30-day conciliation period. No agreement was reached, moving the case before a hearing officer, which has not been scheduled.