HELENA — One of Montana’s top utility regulators is currently suspended from office, but he’s asking a state judge to block that suspension before Gov. Greg Gianforte can choose a temporary replacement.
Attorneys representing Public Service Commissioner Brad Molnar, Gianforte and other members of the Public Service Commission made arguments Friday morning in front of District Judge Mike Menahan in Helena.
(Watch the video to see more from Friday's hearing.)
Last month, Gianforte suspended Molnar for one year. The governor cited an investigation report into Molnar’s workplace conduct, which claimed that he made “repeated and unwelcome sex-based remarks,” acted unprofessionally towards staff and retaliated against people who complained against him or investigated those complaints.
Molnar’s attorney, Matthew Monforton, says he didn’t have a chance for due process before Gianforte made his decision. He argued Molnar should have been given a full hearing with the ability to present evidence and cross-examine accusers, and that suspending him disenfranchised the voters who chose him.
“Commissioner Molnar and other elected officials in the state are not entitled to more due process than state employees, but they're not entitled to less, Your Honor,” said Monforton. “And less is what Brad Molnar got – much less.”
Molnar has argued the investigation against him was politically motivated and that the findings were unsubstantiated. He did not participate in the investigation, saying the process was violating his rights.
Dale Schowengerdt, an attorney representing Gianforte, said Molnar had an opportunity to have his side of the story heard, including when Gianforte asked him for responses to the request for suspension.
“That is process,” Schowengerdt said. “What he seeks now is a different result, delivered in in advance.”
Natasha Jones, representing the three PSC members who voted to require Molnar to work remotely because of the investigation findings, said allowing him to return to work now would be harmful to the employees who filed complaints against him.
Molnar claims the investigation and the decision to suspend him are based on his regulatory views – particularly his skepticism toward NorthWestern Energy’s pending merger with Black Hills Energy.
The climate action organization 350 Montana and the Montana Farmers Union attempted to intervene in Molnar’s lawsuit, but Menahan denied their request. This week, the groups instead filed their own suit, asking for the merger to be delayed while Molnar remains suspended. They argue that, because Molnar participated in the PSC’s original weeklong hearing on the merger, it’s not appropriate for someone else temporarily filling his seat to vote on the proposal.
Monica Tranel, an attorney representing 350 Montana and the Farmers Union, said after Friday’s hearing that Molnar was the only commission member asking key questions about the merger.
“Our position is that Commissioner Molnar’s voice as part of the deliberative process – that is absolutely essential to a fair outcome,” she said.
Gianforte is currently taking public comment on five people who applied to fill the temporary vacancy representing District 2, which covers south-central Montana:
- Kirk Bushman, of Billings, former PSC member, who lost to Molnar in the 2024 Republican primary
- Nick Fitzmaurice, of Bozeman, energy transition engineer for the Montana Environmental Information Center
- Nicholas Loos, of Billings, president and CEO of the nonprofit Service to Summit
- John Prinkki, of Carbon County, former county commissioner
- Dave Wanzenried, of Billings, former Democratic state lawmaker
Monforton told reporters he expects the judge to make a ruling before Aug. 20, when Gianforte will close the public comment period – and therefore the earliest date he could chose a replacement.
