An investigation by the Yellowstone County attorney's office found the county treasurer's use of racist terms in personal emails sent from his work computer do not meet the state guidelines under which an elected official can be subject to recall.

The Billings Gazette reports the findings by Chief Deputy County Attorney Dan Schwartz were presented to county commissioners on Monday.

Commissioners last week asked Max Lenington to resign as treasurer, assessor and superintendent of schools. He said he plans to finish out his term, which ends in December 2014.

Lenington recently came under public scrutiny after a Billings Gazette public information request revealed instances of him using his government email account to send a message to his sister that used derogatory terms for black people and homosexuals.

[via Billings Gazette]