HELENA — Gov. Greg Gianforte has selected a former member of the Montana Public Service Commission to serve on the commission temporarily, while Commissioner Brad Molnar is suspended from office.
Gianforte’s office announced Wednesday that he had selected former Commissioner Kirk Bushman, a mechanical engineer from Billings, to fill Molnar’s position representing Commission District 2 in south-central Montana.
“Kirk brings decades of engineering experience and a strong understanding of the important work of the Public Service Commission,” Gianforte said in a statement. “Having previously served on the commission, Kirk understands the responsibility of ensuring Montanans have access to reliable, affordable utility services. I look forward to his service on behalf of Montana ratepayers.”
Gianforte cited Bushman’s experience handling the regulatory matters the PSC deals with and working with PSC staff.
Last month, the governor suspended Molnar from the PSC for one year. He pointed to 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.
Bushman was one of five candidates who applied to fill the vacancy after Molnar’s suspension. A Republican, he served on the PSC from 2013 to 2016. He was defeated in the GOP primary in 2016, then ran for the position again in 2020 and 2024 – the last time, being defeated by Molnar in the primary.
Molnar has filed a lawsuit, seeking to block his suspension before Gianforte could name a replacement. State District Judge Mike Menahan has not yet issued a ruling in that case.
Molnar told reporters after a hearing in his lawsuit earlier this month that appointing Bushman would essentially be undoing the results of an election.
Matthew Monforton, Molnar's attorney, said in a statement to MTN that Gianforte shouldn't have acted before Menahan made his decision.
“The Governor didn’t wait for the judge; he decided the judge was optional,” he said.
(UPDATE: 5:30 p.m.) The Public Service Commission said in a news release Wednesday afternoon that they plan to begin the onboarding process for Bushman on Monday. They said he would immediately have the full rights and responsibilities of a commissioner, including the ability to vote. The commission's next planned actions would be on Sept. 8.
“I’m pleased the governor selected a replacement commissioner with prior commission experience – and an engineer at that,” said PSC Vice President Jennifer Fielder in the statement. “I expect he will be able to hit the ground running and tackle the heavy caseload with both grace and proficiency.”
(UPDATE: Aug. 28, 4:50 p.m.) District Judge Mike Menahan has denied Molnar's request for an injunction to block his suspension. That means Bushman is set to begin work on the PSC on Monday.
Menahan wrote that Molnar was not likely to succeed on the merits of his challenge to Gianforte's action. He said Molnar's actions in the workplace were legitimate “good cause” to justify the governor's decision to suspend him, and that Molnar was provided sufficient due process during the investigation process.
“The balance of the equities and the public interest require a functioning Public Service Commission free from sexual harassment and retaliation,” Menahan wrote.
Molnar immediately appealed Menahan's decision.
“The judge has held that an elected official can be removed from office for a year, without pay, on the strength of reports no one was ever permitted to test — no hearing before, and none after,” Molnar's attorney Matthew Monforton said in a statement to MTN.
