PSC asks governor to suspend Molnar for a year

Montana Public Service Commission Chairman Jeff Welborn is requesting that Montana Gov. Greg Gianforte remove embattled Commissioner Brad Molnar for a year for violating anti-harassment and anti-retaliation standards. 

But Molnar and his attorney say the move is an attempt to silence the commission’s most vocal critic of the state’s monopoly utility.

“This is yet another attempt by the NorthWestern sock puppets willing to submit to the rate structure and rate hikes that the company wants,” said Molnar’s attorney, Matthew Monforton. 

A four-page letter by Welborn summarizes the allegations and the findings from two separate PSC-led investigations into whether Molnar violated policies while refusing to cooperate in those investigations, culminating in the request that he be removed for the period of one year and Gianforte appoint a replacement.

Molnar, from Laurel, represents District 2, which is in the south-central portion of the state and includes Billings, the largest city in the state. 

The move comes just a week after the PSC considered one of its most consequential decisions in decades —a proposed merger between the state’s largest utility, NorthWestern Energy, and a South Dakota energy firm, Black Hills Corp. Moreover, serious concerns have also been raised during those hearings about proposed data centers and the need for considerably more power. 

Molnar has been a frequent critic of NorthWestern and equally vocal that while he may describe himself and his conduct as coming from a “redneck in a white shirt,” none of the behavior merits sanctioning. 

Monforton, a former legislator, said the move to oust – even if temporarily – is really an attempt to silence the commission’s most vocal critic of the merger and the state’s largest utility.

“He’s the one who knows what’s going on and can question it, and that’s the whole reason for this,” Monforton said. 

The letter is the second attempt to get Gianforte to oust Molnar. Last year, Fielder, Wellborn and Bukacek asked Gianforte to remove Molnar because of the ongoing investigations, but he declined then, saying that “good cause” had not been established.

After a summary of some of the investigation’s findings were released and reported, the PSC had attempted to remove Molnar from the merger hearings in Helena in person, but were thwarted by a lawsuit filed by the commissioner. Federal judge Donald W. Molloy issued a temporary injunction against the PSC, allowing Molnar to attend and participate in the hearings in person. That injunction has now expired.

The letter sent to Gianforte by Welborn includes two documents that Welborn and the PSC believes must be kept confidential, but include the detailed findings of two investigative reports prepared by Communications and Management Services, totaling 112 pages. 

Monforton said that Molnar has not seen those reports, which the PSC classifies as “under seal,” though Monforton was not aware of any court order making the records off-limits. Monforton also said his client is being hamstrung because he cannot respond to allegations that he’s not even been given the opportunity to see. The PSC has released one-page executive summaries of each.

“It’s one of the more clear indications that the proceedings against Commissioner Molnar are nothing more than a kangaroo court,” Monforton said.

Molnar was previously president of the PSC, but was removed from that role in September due to the multiple complaints about his conduct.  

The Daily Montanan has requested copies of those reports through a public information request.

PSC Executive Director Jamey Petersen said Friday that the agency is working on evaluating the public’s right to know against employees’ privacy concerns and had not made a determination yet. 

Appeal to the governor

The allegations and complaints against Molnar have been endorsed by three of the five commissioners, including Welborn, and Commissioners Jennifer Fielder and Annie Bukacek. All five of the commissioners are Republican, while Commissioner Randy Pinocci has opposed disciplinary action against Molnar. 

The letter to Gianforte said that the investigations outline “consequential violations” of internal staff policies as well as violating state law that prohibits retaliation “in spite of repeated warnings.” 

“The Response Team Report and recommendations are offered with the goal of preventing further misconduct by ensuring that Commissioner Molnar is held accountable for his actions, while offering him a clear, achievable path toward remediation – strengthening is effectiveness as a member of the commission and supporting the restoration of orderly operations and a healthy workplace culture within the agency,” Welborn’s letter reads. “Commission Molnar repeatedly declined to participate in the investigative interviews.”

Characterizing Molnar’s action as a “pattern of defiance rather than accountability,” it said that Molnar made “false, misleading, speculative and unsupported statements” including those about the governor and the court. 

The letter said that the PSC has already incurred more than $65,000 in outside and investigative legal expenses, without considering the time of staff and attorneys within the agency. 

Both of the one-page executive summaries which have been released publicly with employees’ names redacted, say that CMS investigators evaluated Molnar’s action with a “preponderance of evidence” standard – which means the allegations that were substantiated were more probably true than not.

The first report, issued Aug. 12, 2025, said that Molnar’s interactions with staff included repeated unwelcome sex-based comments as well as misrepresenting colleagues and facts on several occasions. However, the summary said that those actions did not rise to the level of maliciousness. 

“The evidence does not substantiate the allegation of inappropriate conduct,” it said.

The executive summary of the second report was issued Dec. 16, 2025 and said that Molnar violated the anti-retaliation standards set for by the Equal Employment Opportunity Commission.

“The evidence does not substantiate every alleged instance of inappropriate conduct or retaliation that was provided as an example, nor does it substantiate a hostile work environment under the EEOC and based on an individual’s protected status,” the report said.

Gianforte’s decision

The matter now sits in Gianforte’s hands. Montana law allows the governor to remove a PSC commissioner with “good cause” which Welborn said can include a failure to perform job duties, disruption of the operation, repeated violations of written policies, or “other legitimate business reasons determined by the employer while exercising the employer’s reasonable business  judgment.”

The Daily Montanan reached out to Gianforte for comment on Friday morning, but had not received a response by publication time.

Monforton said the timing and the recommendations demonstrate the feud isn’t about Molnar or his behavior, but as a pretext to remove the most experienced and vocal critic of the NorthWestern merger during the process.

Molnar has been serving as a commissioner since 2025, and he previously served as a public service commissioner from 2004 through 2012. 

“It’s a fundamental betrayal of the 200,000 people Commissioner Molnar represents, as well as to remove the most experienced member of the commission to scrutinize the pending merger and rate hike,” Monforton said.

Petersen said that voters have spoken by electing Molnar, but there is another important aspect of state law. 

“Montana law gives voters the power to elect commissioners and also provides that the governor may suspend any commissioner upon complaint made and good cause shown,” Petersen said. “Applying the law does not undo the results of an election; it is a check the legislature has built into statute.” 

The letter asks Gianforte “at a maximum, (suspend Molnar for) a term commensurate with the period of harm and disruption Commissioner Molnar has caused in the workplace which, as of May 1, was conservatively estimated to be one year.”

Monforton has said that Molnar is prepared to continue to fight for his seat at the table, and has let the commission know that he will go back to court if necessary.

“We are aware that Commissioner Molnar and his counsel have indicated they may pursue legal action if his authority is curtailed,” Petersen said. “We hope these issues can be resolved without drawn-out litigation, but the possibility of a lawsuit cannot be the deciding factor on whether the commission should take appropriate action to protect department personnel. If the commission’s action is challenged, we will defend it in court as appropriate.”