MARK J. MURPHY 
Assistant Attorney General Pizg pH 2le
Special Deputy Lincoln County Attoggdg
Scott Hart Building F-t



 



k. 


303 North Roberts, Room 168 

Helena, MT 59601 
BY .- .er

Telephone: -

(406) 444-2026 

COUNSEL FOR PLAINTIFF

MONTANA NINETEENTH JUDICIAL DISTRICT COURT, LINCOLN COUNTY

 

STATE OF MONTANA,

 


Cause No. 
Plaintiff, 

v. MOTION AND AFFIDAVIT IN
SUPPORT OF MOTION FOR
LARRY DOLEZAL, LEAVE TO FILE AN

Defendant. 
State of Montana 

:88
County of Lewis and Clark 

Mark J. Murphy, an Assistant Attorney General for the

state (If Montana and aa Special Deputy County Attorney for

Lincoln County, moves the Court for leave to file an

Information and having been first duly sworn, deposes and says,

based on information and belief, that on or between

January 1, 1997, and April 30, 1998, in Lincoln County,

Montana, the Defendant committed the offenses of Theft, two

counts, both felonies, in violation of Mont. Code Ann.

or in the alternative, False Claims to

Governmental Agencies, two counts, in violation of

Mont. Code Ann- 45?7?210. The Court is informed that:

MOTION AND AFFIDAVIT IN SUPPORT OF MOTION
FOR LEAVE TO FILE AN INFORMATION
PAGE 1

During the time period stated above, the Defendant was a

county commissioner for Lincoln County. Also during that time

period, the Defendant. would submit clain1 forms to Lincoln

County for reimbursement for mileage and meals allowance for

expenses incurred 111 the performance (HE his public duties.
Also as 51 part of his duties, the Defendant would approve
claims for meals and mileage reimbursements. As a part of the
Defendant?s claims for mileage reimbursement, he included 23
trips on Sunday from his home in Troy to his church in the

Yaak. These trips were in excess of 85 miles round trip and

 

had a total cost of $558. During an interview of the Defendant

by Agent Anacker of the Division of Criminal Investigation, the
Defendant admitted these trips were with his family to his
church and that he billed Lincoln County for the mileage. The
Defendant attempted to justify these trips by saying he
inspected the road and garbage sites while on the way to and
from church;

In addition, the Defendant submitted a meal claim for
lunch for every day In: was present in ?the Lincoln County
Courthouse. The law appears to allow the reimbursement of
County Commissioners for meals during official meetings. The
State accounted for each official meeting and travel day and
found that the Defendant claimed $875 worth of meal
reimbursements for time simply spent in the Lincoln County
Courthouse. When interviewed by Agent Anacker, the Defendant
admitted.receiving reimbursement for meals for non-travel, non-

official meeting days. He also stated that this policy had

 

 

MOTION AND AFFIDAVIT IN SUPPORT OF MOTION
FOR LEAVE TO FILE AN INFORMATION
PAGE 2

-been in effect for a long time.

Agent Anacker interviewed two
prior County Commissioners, Noel Williams and Gerald Criner,
and neither believe there was a policy to reimburse non?travel,
non official meeting day meals; and

When asked if all Lincoln County employees were treated
the same, the Defendant responded that the County Commissioners
were different, they had broader duties and were the highest
elected officials in the County. The State can find no legal
justification for the mileage and meal reimbursement claims

submitted by the Defendant.

Respectfully submitted this Q?gqiday of January, 1999.

MARK J. 

Assistant?Attorney G?neral

Special Deputy County Attorney
for Lincoln County

SUBSCRIBED AND SWORN TO before me this :28 day of

January, 1999.

/1

 

Notary lie for the State of Montana.
Residing at Helena.
My Commission expires January 12, 2002.

(SEAL)

MOTION AND AFFIDAVIT IN SUPPORT OF MOTION
FOR LEAVE TO FILE AN INFORMATION
PAGE 3