Gildford trapper wants political watchdog removed from state office

A Gildford trapper is calling for the ouster of Montana Political Practices Commissioner Jonathan Motl for his handling of a case involving a proposal to ban trapping on Montana public lands.

Jim Buell of the Montana Trappers Association and treasurer of its ballot initiative committee, Montanans for Effective Wildlife Management, told the Havre Daily News Wednesday that he has signed a notarized complaint against Motl. He said the paperwork initiating the complaint will be filed by his attorney with the commissioner this week.

In the compliant, Buell alleges Motl conducted a “biased and one-sided investigation” against him.

Buell said Motl should have recused himself from two political practices complaints that anti-trapping group Footloose Montana filed against him.

Motl had offered legal advice to Footloose Montana on similar initiatives in the past, Buell said.

Buell said Motl’s former law firm, Morrison, Sherwood, Deola and Wilson LLP, still represented Footloose Montana when the complaints were filed.

“The man is unethical, and nobody seems willing to do anything,” Buell said.

Buell said Motl’s failure to recuse himself is a violation of Montana’s Standard of Conduct for State Employees. As a result, he said Motl should be forced to pay a $1,000 fine, cover the cost of the proceedings and be removed from office.

Buell said going forward Motl should step aside from the complaint process and in accordance with state law, Montana Attorney General Tim Fox would take over.

Motl said his office had not yet received the complaint and he wouldn’t comment..

Buell’s case stems from a push in 2013 and 2014 spearheaded by the Montana Trappers Association and Montanans for Effective Wildlife Management, against two proposed ballot initiatives: one that would ban the trapping of certain animals on public lands and the other that would prohibit all trapping of animals on public lands. Neither initiative garnered the support needed to get on the 2014 ballot.

In May and August of last year, Footloose Montana and its ballot initiative committee Montanans for Trap Free Public Lands filed two campaign practices complaints against the Montana Trappers Association and Montanans for Effective Wildlife Management.

The political practices office combined the two complaints into one case.

The complaints alleged that the two pro-trapping organizations failed to report $25,000 in donations made by bidders in an online auction to raise money to fight the ballot initiatives and failure to report campaign expenditures.

Additionally, the office ruled that Montanans for Effective Wildlife Management violated state naming and labeling requirements by not including the word trappers in its name.

Montana law dictates that any political action committee use a name “that clearly identifies the economic or special interest, if identifiable, of a majority of its contributors.”

Motl’s decision said that of the 14 contributors to Montanans for Effective Wildlife Management, nine were trappers or organizations that contained the word trapper in their name.

He referred the case to the Lewis and Clark county attorney with the recommendation that it prosecute the case.

Buell said the attorney’s office is declining to prosecute, and as is the case under state law, will go back to the office of political practices, where the matter will then be resolved.

Buell alleges Motl’s investigation of him was based on innuendo, hearsay and manufactured evidence. He said Motl never informed him that he was under investigation or questioned him specifically.

Buell denies wrongdoing. He said that Montanans for Effective Wildlife Management fully complied with the law in reporting its donations.

In his complaint, which has yet to be formally filed, Buell said the absence of the word Trapper was never meant to conceal trappers had an interest in opposing the initiatives.

Buell defended both trappers groups against what the political practice commissioner's findings described as “sparse reporting of campaign expenditures,” especially as it pertains to spending on grassroots organizing.

Buell said Montanans for Effective Wildlife Management had been in existence since 2010. Its infrastructure for mobilizing support was still in place in 2014 and therefore, no money had to be spent on organizing.

Buell also said it was never the intention of Montanans for Effective Wildlife Management, which also received support from conservationists and wildlife management groups, to hide that it had trappers in its ranks.

“Quite the opposite: in print media; on the radio and on facebook it was well-advertised that MEWM was made up of trappers opposed to I-169,” Buell said in his sufficient findings report.

“Further, any rational human being would surmise that the group to oppose trapping on public land in Montana, would be made up of trappers,” Buell said.