The Montana Senate failed to agree Monday on a punishment for a sitting senator accused of ethics violations.
A majority of senators voted to expel Republican Sen. Jason Ellsworth from office, but not enough to surpass the two-thirds majority required for such a move.
Lee Newspapers’ state bureau first reported in January that Ellsworth awarded a $170,000 contract to a longtime business associate in his final days as Senate President. The Hamilton legislator originally tried to split the contract into two, each under threshold for a public bid process. He then signed one contract under emergency circumstances.
The contractor was directed to track legislation regulating the judiciary that passes this session.
For the first time, Ellsworth apologized on the floor for the appearance of impropriety.
“I’m genuinely sorry. And I accept whatever discipline this body dreams appropriate,” he said.
Most Democrats and some Republicans, including Ellsworth, voted against the motion to expel. They argued that explosion is too severe when an investigation did not prove that Ellsworth had personal or professional interests in the contract.
Democratic Sen. Chris Pope said it’s clear Ellsworth acted inappropriately and the Senate should be held to a higher standard.
“But our actions must also demonstrate that this body considers and adheres to and honors Montana’s values of fairness and proportional consequence.”
Pope noted that the state Department of Justice is investigating whether Ellsworth should be charged with criminally abusing his power.
That faction instead backed a proposal to censure the senator by stripping him from two of his five committee assignments, disqualifying him from sitting on interim committees and blocking his access to the chamber. He’d be required to vote remotely. Ellsworth voted in favor of that proposal.
Senate Majority Leader Tom McGillvary said the proposed censure amounted to less than a slap on the wrist.
“This body has constituents who know the difference between wrong and right. It’s an insult to them that we’re not expelling, in my opinion,” McGillvary said.
That motion also failed to garner enough support to pass.
Some senators called on party leaders to negotiate a proposed punishment that could get a two-thirds majority.The upper chamber adjourned Monday without taking action against Ellsworth.
- State Senate opens investigation into last minute no-bid contract
- State Senate ethics committee begins investigation into Ellsworth business deal
- Sen. Ellsworth abused his power with no-bid contract, legislative auditor says
- Senate punts Ellsworth ethics probe to the state Department of Justice
- Justice department begins probe into misconduct charges against Hamilton lawmaker
- Senate committee finds Ellsworth violated ethics rules with no-bid contract
