Cascade County Commissioners appointed Dave Phillips as a justice of the peace in August 2021.

A complaint filed with the Montana Human Rights Bureau alleges that they made the appointment despite the fact that Phillips had multiple DUI arrests and state and federal tax liens filed against him while we was a Cascade County sheriff’s deputy.

One of the other applicants for the position, Antoinette Wells, filed the complaint in January with the Montana Human Rights Bureau against the county commissioners and county human resources director for “the intentional discrimination and unethical hiring practices” of Phillips.

The complaint alleges that Phillips had multiple DUI charges when he was a Cascade County sheriff’s deputy and multiple tax liens that were filed against him by the Montana Department of Revenue while he was serving as a deputy, as well a federal tax lien.

County interviewing justice of the peace candidates

The Electric has independently verified the DUI charges and tax liens.

The justice of the peace position became vacant when Mary Jolley announced her retirement last summer, which was effective Aug. 31.

The county advertised for the position and received five applications: Wells, Phillips, Eric Bailey, Joe Cik and Kayla Williams.

Williams withdrew her name from consideration before the interviews began.

Phillips named new undersheriff at Cascade County Sheriff’s Office

Commissioners announced in late August that they had selected Phillips, the former undersheriff at Cascade County Sheriff’s Office, to fill the vacancy. He will have to run in the November 2022 general election to keep the position.

In 2000, while Phillips was a county deputy, he was charged and convicted in Cascade County Justice Court for reckless driving and nighttime speeding. A retired Montana Highway Patrol recalled arresting Phillips in March 2000 for a suspected DUI but he plead down to reckless driving, according to the complaint.

Judge orders release of files related to investigation into former CCSO undersheriff

In 2004, Phillips was charged with a DUI by the Helena Police Department. According to the citation, obtained from the Helena Municipal Court by The Electric, Phillips had a 0.156 blood alcohol concentration. He was convicted of the offense and sentenced to 10 days in jail, nine of which were suspended.

That arrest was published in the Billings Gazette in 2004.

When Phillips was appointed, The Electric asked commissioners if they were aware of the DUI charges against Phillips or the tax liens.

In August, Commissioner Don Ryan said that they ran a background check on Phillips and none of those issues showed up.

The Electric informed Ryan that one of the DUIs showed up in a basic Google search. He said they’d heard rumors of a DUI but since it didn’t show in the background check conducted by the county HR department, they didn’t consider it.

Stevens enters no contest plea in theft case, state knocks charge down to misdemeanor

Ryan said that Phillips because of his experience supervising county employees and that the commissioners “were in agreement, he was the best.”

Commissioner Joe Briggs confirmed to The Electric that “there was no indication in any of the application materials, in the interview or in the background check report of a DUI conviction.”

The application, which is available on the county website, asks: “Have you ever been convicted of a crime involving theft, abuse, neglect, or mistreatment of an individual or any other felony/misdemeanor (except routine traffic violations)? A conviction will not necessarily disqualify you for the position.”

The Electric emailed Phillips in late January to ask about the issues raised in the complaint and other citizens who contacted The Electric about his DUI charges and tax liens and why he didn’t disclose them in the application or interview.

In response, Phillips wrote, “my application for JP was completed accurately and I stand by my application. I answered all the questions asked during my interview completely and honestly.”

The Electric followed up to ask if Phillips considered a DUI as a routine traffic violation and did not receive a response.

A search in District Court records, which are publicly available at the courthouse, shows tax liens filed against Phillips for unpaid state taxes in 2004, 2005, 2006, 2007 and 2010, ranging from $1,617 to $15,000.

A federal tax lien was filed against Phillips in 2012 for $38,115.

The Electric reviewed the recordings of the interviews for the candidates and roughly half of Phillips’ interview is missing. Wells’ interview was not recorded due to technical difficulties, according to the county.

Phillips was appointed undersheriff at CCSO in 2017 after former undersheriff John Stevens had left the position for the county’s disaster and emergency services division. Stevens was later charged with theft from CCSO. A few months before Phillips was appointed undersheriff, former sheriff Bob Edwards was charged with partner family member assault in Helena.

According to the complaint, “following Edwards’ arrest, there was meeting at the Cascade County Sheriff’s Office regarding the need to appoint an acting sheriff. Commissioner Briggs was present at this meeting. Phillips volunteered to be acting sheriff and his DUI arrests were referenced during the meeting. An attendee amused by Phillips’ wanting the appointment, remarked that Phillips was lucky to still have his job with the department.”

In her complaint, Wells alleges that she was not selected for the position despite her qualifications and that citizens had notified the county commission and county HR department of Phillips’ criminal and civil background that “should have disqualified him from the position, but the Board of County Commissioners and Human Resources Department knowingly and deliberately failed to fairly and adequately take appropriate action, failed to conduct proper and lawful criminal background checks and failed to consult the Commission of Courts of Limited Jurisdiction for guidance.”