She explained Wednesday as a state employee she wouldn’t be able to represent parties who challenged state government. The prohibition threatened to sideline Sheehy on matters like freedom of information challenges brought by the press. Sheehy has represented The Gazette and other Montana media suing the state government for access to public documents.

The commissioner’s ruling stemmed from a complaint filed by Tim Adams, the 2018 Green Party candidate for U.S. Senate. Adams cited examples of Regents publicly expressing support for the six-mill levy, or using government resources to work on the six-mill campaign.

In Sheehy’s case, Adams cited a November 2017 board meeting during which the Regents heard from Hilltop Public Solutions, campaign consultancy strategizing on getting the six-mill passed. At the meeting, Sheehy asked “is there anything as Regents that we can do to support this effort?” She also asked how much work was left to be done and referred to the task as something “we” needed to do.

“The jurisdiction of the COPP in this case is erroneously based on a conclusion that Sheehy is a “public employee,” and that COPP has subject matter jurisdiction over “public employees,” Todd concluded.

“Neither Sheehy, nor any member of the Board of Regents, is paid for their work as a Regent, so common sense and the absence of any authority to contrary dictates that a Regent is not a state employee. Therefore, the COPP is without jurisdiction to proceed against Sheehy.”

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