Public Service Commissioner Representing Flathead County Draws Commissioner of Political Practices Complaint 

The public service commissioner who represents Flathead County has become the subject of a Commissioner of Political Practices ethics complaint alleging she’s conducting work for her personal business using Public Service Commission resources. It’s an allegation that echoes concerns leveled against her by opponents during her initial run for the position in 2022.

The Commissioner of Political Practices’ (COPP) office is still reviewing the complaint, which it received Oct. 29. Once the commissioner considers the complaint and chooses either to accept or reject it, he issues a public written decision. If a complaint is accepted for filing, it triggers a hearing process. As of Nov. 26, the office has yet to issue any decision.

Dr. Annie Bukacek represents Public Service Commission (PSC) District 5. The district includes Flathead, Lake, Glacier, Lewis and Clark, Teton and Pondera counties.

The complaint filed against her comes from fellow PSC Commissioner Brad Molnar. Molnar is a former legislator from Laurel who was elected to the commission in 2024. He also served on the utility regulating body from 2005-2011.

In an email, Bukacek told the Beacon she will not comment on the complaint until the COPP process is complete. Alana Lake, the executive director of the Public Service Commission, also declined to comment on the complaint.

“At this time, the Commission has no comment on the complaint or the related allegations and has confidence that the COPP will appropriately address any allegations brought forward,” Lake said.

A physician by trade, Bukacek has been an outspoken anti-abortion and anti-vaccine advocate. She has a loyal base of followers in the Flathead following her time on the Flathead City-County Board of Health. Her tenure there was marked by a rejection of state and local policies during the COVID pandemic. She resigned from her position on the health board after announcing her candidacy for the PSC in 2022.

Bukacek said she would maintain her private practice in addition to conducting work as a commissioner when she ran for the position. Her Democratic opponent in the race, John Repke, worried that would become an issue. During her run for the PSC, former colleagues on the health board also raised concerns that Bukacek came to board meetings unprepared.

The complaint Molnar filed against Bukacek centered on concerns that she had bags of “business material” in the PSC offices and used PSC resources — a copy room and the offices — to perform non-PSC related duties. In an interview with the Beacon, Molnar alleged the documents contained information protected by the Health Insurance Portability and Accountability Act, or HIPAA.

“When Commissioner Bukacek is at the commission she is supposed to do commission related work,” the complaint stated. “Instead, she is doing personal business-related work. Since she is often in the office for only one or two hours per week (with no evidence of learning or preparation for subsequent meetings) she is paid about $2,000 per hour of actual commission core functions and treating her elected position as a side hustle. Therefore, the time she spends at the commission working on her personal agendas is an insult to the ratepayers as the time would be far better spent doing her public job.”

In Montana, PSC commissioners receive a salary of approximately $128,000 per year, according to Lake. Commissioners are charged with balancing ratepayers’ interests with the needs of monopoly utility companies, maintaining affordable and reliable utility services. The job does not come with any expectation of full-time status, Lake said, but the workload is hefty.

“While commissioners have discretion in how they manage their schedules, they are expected to meet all statutory duties, participate in commission proceedings, and maintain consistent availability to serve the public and carry out the work of the agency,” Lake said. “The agency does not regulate how individual commissioners structure their personal or professional commitments, so long as those responsibilities are fulfilled.”

Still, commissioners should separate their commission duties and personal ones, Lake said. If they’re using state resources, they’re expected to be conducting PSC work. When asked if safeguards were in place to ensure that’s the case, Lake said commission members are subject to “state ethics laws, open meeting laws, public records requirements, and internal administrative policies that govern the use of state resources.” The commission is also subject to audits and “legislative oversight mechanisms,” Lake said. When issues do crop up, Lake said multiple avenues exist to manage them.

For Repke, who raised concerns about Bukacek’s ability to do two jobs when he ran against her in 2022, the complaint Molnar filed against her was unsurprising.

“We’ll see if the allegations turn out to be true,” Repke said. “But in the larger sense, the fact that she’s doing two jobs when she’s being paid full-time to do the PSC job, just can’t help but lead to some friction somewhere along the way. I don’t think ratepayers in Montana are getting a fair shake. They’re the ones paying ultimately for the commissioner, and they’re not getting her attention.”

The complaint Molnar filed against Bukacek comes as the latest in a string of conflicts among the utility regulator’s members. Molnar, who served as the president of the PSC until mid-October, has been at the center of the conflicts.

There’s an ongoing investigation into allegations of Molnar’s unprofessional workplace conduct. Lake said that investigation is still pending.

During an Oct. 21 meeting, the commission changed its own internal policy manual to require a 3-2 vote as opposed to a 4-1 vote to change leadership positions on the commission. The commission then voted 3-2 to remove Molnar from his position as the president. The vote followed an hour and a half of debate and several public comments taking issue with the ongoing strife among the body’s members. Bukacek made the motion to demote Molnar from his post as president.

Bukacek outlined in the meeting that the president is expected to lead, moderate and facilitate business meetings; promote productive work relationships; and represent the PSC agency. She questioned whether Molnar had effectively fulfilled those duties. Bukacek was joined in voting to oust Molnar by commission Vice President Jennifer Fielder and Jeff Welborn. The next week, on Oct. 28, the body voted 3-2 to install Welborn, a first-term commissioner from Dillon, as its new president.

Molnar filed the complaint against Bukacek the next day, Oct. 29. He denied filing the complaint against Bukacek in retaliation for his ouster — though he admitted Bukacek has been a “colossal pain” to him since mid-March.

“I’m not a retaliatory guy. It just was a violation of federal and state law for the breach of confidentiality,” Molnar said, referring to the personal business-related documents he accused Bukacek of bringing to the PSC offices. “It being in the PSC was a breach. I was president at the time and didn’t realize how serious it was.”

Again, the Commissioner of Political Practices has yet to issue a decision about the complaint.

Since Welborn took over as president, Molnar put out a press release with concerns about guidance from Welborn about “communication, workflow management and professional conduct” across the PSC and Department of Public Service Regulation staff.

Among the guidance, commissioners were directed to coordinate with the commission president and executive director Lake before “engaging in media interaction regarding DPSR business.” In a memo, Molnar characterized the media protocol section as a “direct assault” on his “right to speak to the press about matters of urgent public concern.” Namely, he cited the complaint he filed against Bukacek and his concerns about “cozy relationships between certain commissioners and the utilities they are supposed to regulate” as issues the media protocol section hopes to keep him muzzled about.

While Lake declined to comment on the COPP complaint Molnar filed against Bukacek, she did say that the guidance Welborn issued comes from the commission’s internal policies. She pushed back on Molnar’s claims that they restrict his free speech.

“Those policies — which were formally adopted by the Commission — apply to both commissioners and staff and support effective communication and do not restrict the right to free speech,” Lake said.

The saga marks the latest chapter in a long history of PSC conflicts and controversy. In the past five years, the PSC has weathered office culture issues, staff turnover and lawsuits about the redrawing of PSC districts. But the body has a much longer history of struggles, which includes instances of corruption and several conflicts among its members. Lake acknowledged that history is well-documented but lauded the PSC’s staff members.

“The Montana Public Service Commission remains committed to serving the public with integrity, transparency and fairness,” Lake said. “Like any institution, the Commission has faced challenges, but our focus remains on fulfilling our statutory responsibilities, making decisions based on law and evidence, and ensuring Montanans receive reliable, accountable regulation.”

Repke, who ran against Bukacek and has a background in corporate finance, worries that a scandal-plagued PSC has an impact on consumers.  

“The bottom line is that it’s a very straightforward thing,” Repke said. “You’ve got a group of people — service commissioners — who are charged with making sure the ratepayers they represent get a fair deal. And if you care about your utility rates, you should pay attention to who’s on the public service commission and what kinds of decisions they’re making.”

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