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Clerk and recorder would lose position if convicted of felony

By Bill Vander Weele

Sidney Herald
Published on Sunday, August 29, 2010 7:07 AM MDT

Despite some rumblings by a few area residents, there’s very little the Richland County commissioners can legally do concerning the office of clerk and recorder.

Mike Sehestedt, general counsel for the Montana Association of Counties, says county commissioners don’t have a lot of legal tools in such a situation.

Penni Lewis, Richland County’s clerk and recorder, is facing the charge of theft, a common scheme felony. She pleaded not guilty to the charge on Aug. 17. The charge claims Lewis took more than $50,000 from the 4-H Council of Richland County fund.

“The commissioners, at the moment, don’t have the ability to take her out [of office],” Sehestedt said. “Generally, the commissioners don’t have removal powers when it comes to other elected officials.”

Sehestedt says commissioners could ask the election officer to resign or step away from the position with pay until a pending resolution is determined.

If Lewis is convicted of a felony charge, she immediately forfeits the election position based on Montana code 2-16-501, Sehestedt said. At that point, it would be up to the commissioners to appoint a replacement to finish the term, which concludes at the end of this year.

Bond conditions for Lewis discussed on the Aug. 17 hearing included: obeying all laws; not handling any money; and not having any contact with any witnesses.

Because some of the witnesses are employees in the clerk and recorders office, it was agreed that Lewis could have contact with them but she wasn’t allowed to discuss the case.

It was also agreed to in the hearing that the clerk and recorder could handle money as long as the county commissioners are in control.

Richland County Commissioner Don Steppler told the Herald that as far as day-to-day operations, employee Peggy McDowell handles the claims and overview while chief deputy Stephanie Verhasselt takes care of payroll.

Steppler says the commissioners’ role regarding the clerk and recorders office is primarily to oversee the office’s budget.

editor@sidneyherald.com

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Comments

The following are comments from the readers. In no way do they represent the view of the Sidney Herald.

ben wrote on Sep 12, 2010 10:15 AM:

" to many people feel sorry for her a small town wont be nothing done but i say hag her "

jr wrote on Sep 10, 2010 4:02 PM:

" If there was missuse of a county credit card ivolving an elected official, the public
has a right to know! "

sick up n fed wrote on Sep 6, 2010 5:29 PM:

" Just makes a guy wonder if there is some truth to the county credit card incident?!? Or should we believe its just another rumor? "

Tired of this already wrote on Sep 5, 2010 11:03 PM:

" Randy..Montana doesn't have a crime that is classified as a gross misdemeanor. Too much tv?? "

Randy wrote on Sep 4, 2010 4:18 PM:

" All she has to do is wait for the sweet-heart Plea Deal that is sure to be offered by the Prosecutor. I'm guessing that instead of doing his job and going after a full Felony conviction, he will offer Gross Misdemeanor. "

allforit wrote on Sep 2, 2010 3:58 PM:

" well I would hope to kiss a "fat lady's ear", she should be "ousted & black listed" from any public office.... the great American JOKE (justice) system is too lenient on criminals, in fact they are harder on the victims then they are the criminals, now days...what are they going to do? leave her in there so she can pay herself a "going away bonus" ??? "

CDO wrote on Sep 2, 2010 12:00 PM:

" She hasn't run for reelection. You've been told via the article above that she cannot be summarily dismissed based on accusation or admission of guilt, and that as it stands only a felony conviction will forcibly remove her. IF you feel so very strongly that she be removed, ask HER to step down. "

Wheels of Justice.. wrote on Aug 31, 2010 6:09 AM:

" ..turn slowly. Do you honestly think she will be convicted by the end of her term this December? "

EE wrote on Aug 30, 2010 1:15 PM:

" I am with you on that one. I know there is this thing called "Innocent until proven guilty" but she already admitted the guilt part. "

E wrote on Aug 30, 2010 10:36 AM:

" How about she loses the job regardless? "

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