Hansen targets Bullock for deleted emails

State Sen. Kris Hansen, R-Havre, is speaking out about allegations that Gov. Steve Bullock deleted or did not save emails from his account while he was Montana attorney general.

Hansen said this morning that during his tenure as state attorney general from 2009 to 2013, Bullock and his top aides at the time were required by law to maintain public records of actions taken during his term for historical purposes.

Montana's five constitutionally elected officials - governor, state auditor, superintendent of public instruction, secretary of state and attorney general - have what Hansen said are enhanced requirements to preserve records of state government.

Hansen said the missing emails from the time period in question coincide with major issues taken up by Bullock's office including actions surrounding the Missoula anti-discrimination ordinances, the state's appeal of the U.S Supreme Court's 2009 Citizen's United Decision and the Barry Beach case.

"He broke the law and now the people of Montana will suffer for it because those records don't exist," Hansen said.

Bullock's administration has said he had discretion under the law as to which records he preserved and that he acted properly.

The office of Montana Attorney General Tim Fox has said it is an employee's responsibility to determine what to preserve, including emails, and that his office does not have statutory authority to investigate the matter outside of making inquiries of existing employees at the department.

Hansen said the failure of Bullock and his top eight aides to maintain those emails is a violation of Montana Code Annotated which says that records kept by the state's top five executive officers are public and not personal property and therefore must be handed over to their successors when they leave office.

The statute was revised last legislative session to keep pace with technology, she said.

Hansen said she has maintained her emails of all transactions of state business from her two terms as state representative and now as state senator.

That law has since been updated, Hansen said, to keep pace with technology, though she said she could not provide specific information on the revisions to the law made last legislative sessions.

The issue of Bullock's lack of emails from his time as attorney general has been a subject brought up by Bullock's Republican challenger, Greg Gianforte.