The Montana Senate Ethics Committee published a final report on its investigation into a sitting legislator. The report laid out the details of Hamilton Sen. Jason Ellsworth’s no-bid deal with a longtime business associate.
The findings largely confirm what Lee Newspapers’ Montana State Bureau first reported in January. In the final week of his term as Senate President, Ellsworth first attempted to broker two taxpayer funded contracts with his associate, each under the threshold that triggers a public bid process. Ellsworth later agreed to a single $170,000 contract that he penned under “emergency” circumstances. The contractor was directed to track legislation related to the judiciary once the session ends in May.
Legislative Auditor Angus MacIver later concluded the deal was an abuse of power and waste of resources.
The ethics committee gathered documents and interviewed witnesses at hearings last week. A special counsel hired by Senate President Matt Regier, and Ellsworth’s personal attorney cross-examined the witnesses and each offered a closing argument.
The contractor, Bryce Eggleston, submitted video testimony to the committee, but did not appear in person as ordered by a subpoena. Eggleston invoked the fifth amendment, or the right protecting against self-incrimination.
Special Counsel Adam Duerk summarized what state employees who reviewed the contract said.
“This contract was alarming, highly unusual, troubling, completely outside of ordinary procedures, a short-circuit around normal procurement law, based on active concealment and, quote, 'an intentional evasion of any meaningful review.'”
Joan Mell, Ellsworth’s attorney, said the investigation was politically motivated and argued Ellsworth adhered to the rules the best he could.
“Consider this an educational process for everyone, but do not find that there was a disclosable personal, private interest because there is simply no evidence of that,” Mell said.
The ethics committee report offers findings of fact, but leaves the final decision of whether Ellsworth should be punished or expelled from office up to the full Senate. The body has yet to take up the matter.
The state department of justice is also investigating the case for criminal violations.
