Public Service Commissioner Brad Molnar filed a lawsuit in Lewis and Clark County District Court Monday to stop the governor from appointing his replacement during a one-year suspension without pay.
Molnar is an elected commissioner representing southcentral Montana. Commissioners are each paid more than $100,000 annually over four-year terms.
Public Service Commission employees have initiated two independent investigations into Molnar’s behavior and submitted two suspension requests since he took office last year.
Governor Greg Gianforte’s suspension email Thursday details some employee allegations including unwelcome sexual comments, attempts to prevent corrective action and continued retaliation against employees.
Molnar’s attorney Matthew Monforton says they haven’t been given the opportunity to cross-examine witnesses.
“Much of this is being blown out of proportion, and some of it is simply false,” he said of the allegations.
The suspension comes as commissioners deliberate the merger between NorthWestern Energy and South Dakota-based Black Hills Corporation. It's a multibillion-dollar merger that would affect more than half a million NorthWestern Energy customers in Montana.
A spokesperson with Governor Gianforte’s office says he’s evaluating next steps for an appointment. Molnar is asking the court to prevent it. He, and intervenors the Montana Farm Bureau and 350 Montana, argue appointing a new commissioner during the merger consideration would be a disservice to constituents.
Molnar is also seeking to challenge the allegations against him and return to his seat with full pay.
