Denke v. Shoemaker, 2008 MT 418 (2008)

Citation: Denke v. Shoemaker, 2008 MT 418 (2008)
Parent Document: Denke v. Shoemaker, 2008 MT 418 (2008)
Jurisdiction: Montana (state)
Effective Date: 2008-12-16
Original Source: https://www.courtlistener.com/opinion/888205/denke-v-shoemaker/ ↗

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¶26 With regard to Shoemaker’s January 6 letter, the examiner found as follows. Shoemaker had no informed source reporting that the bookkeeping problems in 1998 were Denke’s fault; and while he believed Denke was responsible for those problems, Shoemaker “personally could not tell an asset from an angle iron under generally accepted accounting principles.” Shoemaker also had no information to contradict the CPA’s 1999 report that the City’s books were in good order. Furthermore, Shoemaker’s assertion that it was Denke’s fault the City had to spend $50.00 per hour for the CPA to make changes in accounting procedures was made “with reckless disregard for the truth or falsity of the statement.” Shoemaker included this statement in his letter in furtherance of his goal of getting on the council meeting agenda to discuss Denke’s Human Rights complaint and because he disapproved of Denke for filing that complaint. According to the examiner, Shoemaker took this action “with retaliatory animus toward Denke.”

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