New, old govs spar over use of workers

HELENA – Republican Gov. Judy Martz and Democratic Gov.-elect Brian Schweitzer exchanged sharp words Tuesday in their first meeting since Schweitzer’s election victory a week ago.

The argument arose when Schweitzer asked Martz to let two state employees work on his transition team while remaining on the payroll of their respective agencies.

Martz said no, the law does not allow her to do that.

The law does not prohibit it, Schweitzer responded.

The meeting, scheduled for a half hour, lasted just 10 minutes. Schweitzer showed no interest in discussing any other issues. He said afterward that he was frustrated Martz would claim a law tied her hands, when it does not.

Viv Hammill, an attorney for the state Personnel Division assigned to Schweitzer’s transition office, said the laws permit Martz to grant the incoming governor’s request and she told administration officials that before Tuesday’s meeting.

Schweitzer said he made the request because reassignment of workers occurred in the past when administrations changed, and his transition office has just $50,000 to spend over the next two months while preparing to take over the executive branch of government Jan. 3.

“These are two very bright state employees that we were hoping … could be detailed over so that this limited number of dollars we have would go further,” he said.

Schweitzer said state Auditor John Morrison, Attorney General Mike McGrath and Superintendent of Public Instruction Linda McCulloch, all fellow Democrats, loaned staff to his transition office.

Schweitzer wanted David Ewer, who works for the state Board of Investments, and Keith Kelly, a Labor Department employee, to be part of his staff while still drawing paychecks from those agencies.

“I cannot do that because that is not by law,” Martz said. “That is not according to the law for me to fund that transition out of state government. It does not say I can take people from any department and move them over there.”

“It does say that and it does not say that you can’t, so it’s your choice,” Schweitzer replied.

“And I choose that it’s not the right way to spend the state’s money,” said Martz, adding that Kelly and Ewer could use personal or vacation time to help Schweitzer. “And I’m not being ornery in that. I’m just being on the side of caution.”

Martz said she did not want to spend money on the next administration.

“So that it’s clear, it’s not a matter of statute,” said an increasingly irritated Schweitzer. “It’s choice on your part.”

Growing testy herself, Martz said, “Brian, I have given you what the statute says and you are not going to stick me with your words.”

“Well, I think it’s an inappropriate choice of words,” Schweitzer said.

Martz had enough.

“I didn’t come in here to argue back and forth over what you think is right and what you think is wrong,” she said. “You will be governor Jan. 3 you will take this office. The choices you make, I will honor as our governor. But I am the governor right now, and until Jan. 3, I am not going to argue over one iota of what you interpret and what I interpret.

“I’m not going to sit here in our very first meeting and argue anything with you, so let’s just drop that and go on to something else right now.”

Said Schweitzer, “Thank you so much for your cooperation.”

Later, he said Kelly and Ewer still would work on the transition staff, but he was not sure how much they would be paid.

“We are going to figure out a way to do it,” he said. “We need their help.”