IS COUNTY COMMISSIONER JOE BRIGGS TRYING TO CONTROL OUR ELECTIONS?

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EDIT: 11/28 3:02pm – COMMISSIONER BRIGGS: RESPONSE TO 5 BY 5 LETTER TO THE EDITOR – 13 KEIN News (1310kein.com)

——- Forwarded Message ——-
From: 5 for 5 <5for5@protonmail.com>
Date: On Monday, 27 November 2023 at 9:18 PM
Subject: IS COUNTY COMMISSIONER JOE BRIGGS TRYING TO CONTROL OUR ELECTIONS?

FOLKS, a very concerned citizen shared this detailed account of how Commissioner Joe Briggs has maintained control of the commission presiding officer seat over the years and what privileges come with the presiding officer (chair) role.  

——Forwarded Message——-

IS COUNTY COMMISSIONER JOE BRIGGS TRYING TO CONTROL OUR ELECTIONS?

The following chart (page 3) shows the three Cascade County Commissioners’ Districts and the years when each District sat as the Presiding Officer (“PO”). The current Commissioners are Joe Briggs District 1 (2005) ; Jim Larson District 2 (2015); and Rae Grulkowski District 3 (2023). Commissioners are elected by their districts for 6 years. One Commissioner among the three is selected by the Commission to act as the Presiding Officer (MCA 7-3-414). The years when each Commissioner has been selected to be the Presiding Officer are indicated on the chart by the numbers in red in columns 2-4. Since 2008, Briggs, District 1, has held that position 8 times, and Districts 2 & 3 have held it only 4 times.

One major benefit of being the Presiding Officer is sitting in that Chair during the time the Commissioner is running for re-election in his/her 6th year. This position gives commissioners a lot of free public and media exposure.

Within the chart there is a pattern where it appears that Briggs is trying to control the Presiding Officer’s position to his benefit as will be seen in the following four Ordinances. Also, see the Chart for a visual of these ordinances. Briggs jockeys himself into the Presiding Officer’s position by creating Ordinances that will get him in the Presiding Officer’s position—every time he is running for re-election and more often than the other districts. See the four Ordinances in red in column 5 in the following chart (pg. 3). The Ordinances are used to position Briggs as the Presiding Officer or in the case of Ordinance 23-01 to keep Grulkowski out of that position when she is running for re-election in 2024.

Ordinance 09-01 (2009): The Presiding Officer is selected for a two-year term starting with the next odd year.

Briggs had just served in 2008 which was an even year. Why the next odd year? Because the ordinance gets Briggs in the Presiding Officer position for 3 consecutive years with the last year being his 6th year when he is running for re-election. He will be the only Commissioner to benefit from this ordinance and serve a two-year term. If the other two commissioners at the time had the two consecutive years—Briggs wouldn’t be in the PO position until 2015. Hence, the next ordinance.

Ordinance 12-01 (2012) : Shortly after Briggs serves his two-year stint (2009 & 2010) but before any other Commission gets the two years – this new ordinance was passed to give each commissioner the Presiding Officer position every 3rd and 6th year. This benefits Briggs because he doesn’t have to wait the 4 years until 2015 (based on Ordinance 09-01) –but will be back in power in 2 years (2013).

11 years go by (2012-2021) before the next ordinance is passed to control the Presiding Officer’s position.

Ordinance 21-01: Note: Weber resigns, and Ryan is appointed for her 3rd and 4th year for District 3.

Now Briggs states that one-year terms created by Ordinance 12-01 created grant cycle issues and disrupted the timing of the Chairperson serving on the Policy Coordination Committee of Metro Transportation Committee. None of these concerns were ever publicly stated within the previous 11 years. Now Briggs wants the term for two years with the Commissioners serving on their 5th and 6th year. Ironically, it is Briggs 5th year. And he will be in power when he is running for re-election in his 6th year. Go figure!

Once again, Briggs is the only commissioner to benefit from the 2-year term serving his 5th and 6th year. Now Briggs is scheming for another Ordinance.

Ordinance 23-01: Now Briggs and Larson are collaborating again with Ordinance 23-01 to deprive Grulkowski from the second year as Presiding Officer of her two-year term (2023 -2024 per Ordinance 21-01) when she will be running for re-election. What is good for Briggs doesn’t seem to be good for Grulkowski. Larson claims he is the mastermind behind this Ordinance and Briggs has no part in this. However, Larson can’t explain why he is doing it –just that he thought it was a good idea. This time the Commissioners will elect the 2024 Presiding Officer. It appears that Briggs and Larson and conniving bullies– making it 2 against 1.

Briggs appears to be trying to control all kinds of elections: 1} His own elections by using ordinances to ensure he is in the Presiding Officer’s position during the time he is running for re-election. 2) He and Larson are now trying to keep Grulkowski out of that position when she is running for re-election in 2024 by using another ordinance. 3) He appears to be trying to overturn an election by working with Jane Weber, Rina Moore, and other Leftists to find a way to remove Sandra Merchant as the duly elected Election Administrator. Isn’t Briggs supposed to be a Republican?

Briggs has other questionable actions. 1) He was just a part of a canvass of ballots to certify the November 7, 2023, election. He has been a county commissioner for nearly twenty years, and he has never conducted a legal canvass in accordance with MCA 13-17 Part 4. During the canvass he admitted to the country deputy attorney that he had never done it this way. Plus, he was asking Deputy County Attorney Haight if there was a reason why he couldn’t do his part of the canvass in his office. She said that she didn’t see why not. Grulkowski had to remind both that the law requires the canvass to be conducted in public.

Briggs has also appointed himself as the acting budget officer without a public meeting, a public notice, or an agenda- violating our constitutional rights to participate and the right to know know what is going on (Montana Constitution : Article II, Section 8, and Section 9). Anytime 2 or 3 commissioners meet to discuss any public business is subject to the open meeting and right to participate laws. These meetings must have a public notice, agenda before the meeting, and must be recorded and allow access to all recordings.

When two Commissioners meet to discuss County business– that is a quorum that must be preceded by proper notices to residents, along with agendas, and must be recorded to provide legal transparency and to protect our constitutional rights. See MCA 7-1-4127 (2023). If there are meetings not being noticed with agendas or not recorded—it makes it impossible to examine what does not exist or to attend what isn’t noticed. This puts our county in a position for a lawsuit.

Briggs is also spreading disinformation and making our county look bad. Most recently, Jasmine Taylor spoke on Facebook spewing false information about Sandra improperly noticing the Canvass for the November 7, 2023, election. Where did she get that information? Briggs also spewed the same false information to the media – calling the notice that Sandra gave illegal. There is no law that requires the notice to be given within 48 business hours. The Attorney General has stated that without stating anything about business days that it would mean calendar days. The only thing that would be illegal is the County Commissioners’ not placing the notice in accordance with MCA 13-15 Part 4. Briggs is responsible for placing the notice – not Merchant. MCA 13-15-401 requires Briggs as part of the Commission to be responsible for setting up the meeting. He needs to take responsibility for his job and not make excuses by blaming others.

If you are tired of Briggs playing politics with your elections and violating your constitutional rights—call him TODAY at 406-454-6815. Email him at jbriggs@cacadecountymt.gov. Write him a letter–325 2nd Ave. N.  Stop by his office to speak to him. Attend the Commissioner meetings and exercise your Constitutional Right of Participation and publicly express your concerns.

5 for 5 

Connecting the Citizens of Cascade County 5 for 5 does not endorse any candidate or guest speaker. 

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As this seems like a hotbed topic, the station has asked the commission for comment and will publish their response.