HELENA — Montana’s top political cop has rejected an ethics complaint filed by one member of the state Public Service Commission against another member. It’s just the latest step in an ongoing string of controversies that has surrounded the five-member commission for much of the year.
In October, Commissioner Brad Molnar, the PSC’s former president, accused Commissioner Annie Bukacek of improperly using public resources for private business purposes. On Wednesday, Montana Commissioner of Political Practices Chris Gallus responded to Molnar, saying his office would not accept the complaint for further action.
Molnar claimed in his complaint that Bukacek, a doctor from Kalispell, frequently brought documents related to her practice to the PSC offices and worked on them in the PSC’s copy room. He said he found discarded documents related to her work in the trash there.
In a letter to Molnar, Gallus said the evidence he provided – including some of the documents – did not prove Bukacek had actually been doing work for her personal business in state offices. He said he found Bukacek’s explanation – that she brought the papers to the PSC office to recycle them because her medical office didn’t produce enough paper to support recycling service – more plausible.
“Likewise, your contention that Commissioner Bukacek's valise or suitcase was full of patient documents that she then copied and returned to her medical office is pure speculation,” Gallus wrote. “Although you have inaccurately marked advertisements and scrap paper as ‘business correspondence,’ even if such a description were accurate, it would only indicate they had been disposed of. No evidence has been provided that indicates Commissioner Bukacek copied medical records or other correspondence.”
Gallus said Bukacek told COPP staff she used the copy room to print materials relevant to her PSC work, and that she generally had no reason to make copies of medical documents. He said she had said she did not have remote access to patient records and would not be able to conduct business away from her office, except for occasional phone calls.
Gallus said it wasn’t clear that carrying recycling to the PSC office would be a financial benefit for Bukacek’s practice and that any benefit would be minimal at best.
“I do acknowledge that an employee routinely bringing outside recycling to the workplace could create issues or inconveniences if it increases costs or interferes with workflow or recycling produced in the office,” he wrote. “However, this does not indicate a violation of the Code of Ethics and should be addressed by each individual agency as the agency deems necessary and appropriate.”
In a statement to MTN, Bukacek said Gallus’ decision cleared her of what she called unfounded allegations. She said she believed Molnar’s complaint was connected to the other issues surrounding the PSC, including the ongoing investigation into Molnar’s workplace conduct and the October vote to oust him as president.
“Before Commissioner Molnar, the unjust complainant, had been removed from his position as president, I had made an admission that I was one of the sources of complaint to HR concerning his behavior and what I felt was abuse of power,” Bukacek said in the statement. “The complaint filed against me by Commissioner Molnar was eight days after I made the motion to remove him as president and one day after the PSC voted to seat his replacement as president. A coincidence? I think not.”
Bukacek said the complaint damaged her reputation and that it “sends a further chill” that could discourage PSC staff from reporting their own concerns about retaliation.
Molnar announced in July that he was being investigated over allegations of unprofessional conduct. He has claimed the investigation is improper and politically motivated and has refused to cooperate. In August, Commissioner Jennifer Fielder signed onto a letter to Gov. Greg Gianforte, accusing Molnar of interfering with the investigation and threatening retaliation against staff, and asking the governor to temporarily suspend Molnar. Gianforte has not yet taken any action on that complaint.
Molnar told MTN he didn’t find Bukacek’s explanation of the documents believable and that he was disappointed Gallus didn’t reprimand her.
“I thought he was basically saying he didn’t want to handle it,” Molnar said.
MTN asked Molnar if there could have been another way to address this issue without making an ethics complaint. He said he had previously asked Fielder to talk to Bukacek about it, but felt there was no other alternative now because Bukacek wouldn’t speak with him directly.
“I’ve never tried to resolve things in the press or resolve things outside the commission,” he said.
