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Rob Kailey is a working schmuck with no ties or affiliations to any governmental or political organizations, save those of sympathy.

Brad Molnar's ugly little mess

by: Jay Stevens

Fri Sep 19, 2008 at 20:40:24 PM MST


Has anyone been following the ethics scandal involving PSC commissioner Brad Molnar? It really is a doozy.

Here's the official complaint (pdf) lodged by Art Noonan, which alleges that Brad Molnar used $1,450 of funds solicited from private corporations regulated by the PSC to produce brochures promoting a "brownout" event, but which is actually a thinly veiled piece of campaign literature.

The damning details: Molnar received $1,000 from NorthWestern Energy, $1,000 from PPL, and $450 from WalMart and deposited into a personal checking account. The brochure (found in the complaint) features his picture prominently displayed, and attached to the brochures is a sticker that reads, "Brad Molnar, Your Conservation Candidate for Public Service Commission." Molnar continues to distribute the literature even as the brownout is over; there's a convenient line on the brochure that reads, "The brownout may be over. But the tips are still good!"

Jay Stevens :: Brad Molnar's ugly little mess
Ironically, that sticker covers up the names of brownout sponsors who were so disturbed by Molnar's continued use of the brochures -- long after the event was over -- they asked to be pulled from the list of sponsors on the brochure.

The controversy arose earlier this spring as Molnar continued distributing the brownout fliers as part of his campaign literature. It has been six months since brownout participants turned their lights back on. Officials from SD2 and the chamber said they don't want to give people the impression that they're endorsing Molnar. Neither the district nor the chamber makes political endorsements.

"We sent an e-mail to Mr. Molnar to let him know that by no means should our support of the brownout campaign that was six months ago be considered an endorsement," said John Brewer, the Billings Chamber president and chief executive.

In March, no doubt worried about the questionable donation to Molnar's private account, NorthWestern Energy asked for its money back. The internal correspondence (pdf) is tinged with anxiety. Here's an example from after NorthWestern's Bill Thomas asked Molnar for the donations to be returned, and Molnar suggested that NWE could pay the Laurel CoC for the printing costs of his brochures:

Joe S and Thomas agreed to seek an opinion of Thomas Knapp, NWE General Counsel. They called Knapp.

Tom Knapp advised that any contribution to the Laurel Chamber of Commerce should be done through the existing mechanism of using NorthWestern Community Relationsand the local community donations committee. Knapp also advised Thomas to prepare a paper trail of the phone conversations, and to prepare a letter that acknowleges receipt of the returned money when it is received from Brad Molnar.

My favorite email is from John Fiztpatrick, whose May 12 panic is beautifully articulated in two lines:

Did NWE give Molnar any money for the brown out exercise?

This is important! I need an answer ASAP!

Molnar's self-defense makes his case seem all the more damning. In this September 18 letter to the Billings Gazette, Molnar either plays coy with the meaning of "report" in the context of campaign donations, or he's completely ignorant about campaign law:

The Tussing campaign also accused me of "unreported corporate gifts of $1,000, $1,000 and $450." If "unreported," how do they know the amounts and who gave them? Scully and Mulder can go back into retirement. The mystery is solved. I accepted the two $1,000 contributions (NWE and PPL) in front of two TV cameras and thanked all three (includes Wal-Mart) on the brownout brochure and thanked them again in my "thank you" article in the Billings Out Post. How could they have been more reported?

Cute.

What was Molnar doing soliciting funds from companies he regulates as a member of the PSC? What  is PPL and NWE doing giving money towards a PSC member's personal bank account? What genius green lighted that idea? Even if Molnar's scheme was innocently conceived, it sure looks dirty as h*ll.

Does Molnar understand the boundaries between his public role and his political activities?

Doesn't look that way from here.

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Tips not good (0.00 / 0)
Molnar's energy conservation tips were not all good. He told us to plug chimneys with plastic bags filled with newspaper and to plug bathroom vents--both code violations. Guess Brad didn't earn the energy patch if he was in the Cub Scouts. Russ Doty

May 12th!!! (0.00 / 0)
That's more than 4 months ago!

Why even have a commission to investigate this stuff if they can't look at it and make a determination before the election?  

I mean - why have laws if they aren't going to be enforced?


Ugly Little Mess a deux (0.00 / 0)
My favorite quote from Molnar (and there are so many to choose from) is one that he made in his legal response to the ethics complaint. Through his attorney, Molnar says "$1,000 was not needed so it was returned [to NorthWestern Energy]."  

Oh really? The internal documents from NWE paint a different picture: first there was a phone call and then emails and then instructions from NWE to Molnar telling him to refund 2 gifts, one $1,000 gift made in 2007 and another yet-to-be-cashed check of $1,000 given in 2008, and then instructions from the NWE legal department, through Bill Thomas, for Molnar to formally write a letter advising of making a refund and then another formal letter from NWE advising of same.

So much formality for a little "spare change" (aka profit of $1,000). Does anyone actually believe that Molnar would have parted with $2,000 had not NWE forced him return the money?  The sad little thing for NWE is this: a refund, under Montana law is only a refund if it is not U S E D, and only if the refund of unused gifts are returned within 30 days of receipt. NorthWestern Energy received a refund 3 MONTHS after it was used AND Mr. Molnar's campaign had already begun as of February 3, 2008.

All this to say, the sad little mess is as much NorthWestern Energy's as it is Mr. Molnar.

Also, don't forget PPL Montana gave Molnar another personal $1,000 for which it did not ask for, nor receive a refund. I like the photo copy of that official corporate PPL check made out personally to Brad Molnar. Priceless.


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