HELENA — The Montana Legislature was back to full operations Monday after a weeklong transmittal break. However, some lawmakers and staff had been working through the break, continuing the Senate’s ethics investigation into former Senate president Sen. Jason Ellsworth, R-Hamilton.
The Senate Ethics Committee met Friday, March 7; Friday, March 13; and Saturday, March 14 to hear testimony about Ellsworth’s handling of a state contract. Now, the committee is putting together a report they’ll deliver to the full Senate, as the chamber considers whether to pursue any further action against Ellsworth.
Ellsworth was Senate president through the end of 2024. In that role, he approved a contract with Bryce Eggleston, a former business associate, and his company Agile Analytics. The $170,000 contract called for Eggleston’s company to conduct an analysis of the outcomes from a slate of judicial reform bills Republican legislative leaders are prioritizing this session.
A Legislative Audit Division report said the proposed contract was originally split into two smaller contracts, and that it appeared that was an attempt to get around the rules for oversight on state contracts. Ellsworth has denied any wrongdoing.
During their hearing, the Ethics Committee received testimony from legislative staff and from the Montana Department of Administration about their discussions with Ellsworth about the contracts. Eggleston was also named as a witness, but he didn’t appear because he invoked his Fifth Amendment right not to testify. Lawmakers did hear a recorded statement from him.
Ellsworth himself also didn’t testify. His attorney, Joan Mell, said in a closing statement that she wouldn’t allow him to appear because the investigation seemed to be politically motivated and retaliatory against Ellsworth.
Mell said it was obvious Ellsworth had a preexisting connection with Eggleston but that his actions in choosing him for the contract weren’t out of line with how other state hires have been conducted. She told the committee Ellsworth wasn’t the one responsible for splitting the contract and hadn’t tried to evade any scrutiny.
“I ask you: consider this a learning lesson,” she said. “Consider this an education process for everyone, but do not find that there was a disclosable personal or private interest, because there simply is no evidence of that extra piece that's required – an exchange of consideration, something of value that's taken away by Past President Sen. Ellsworth.”
Adam Duerk, the special counsel working with the Ethics Committee, made his own closing statement. He said all the testimony the committee heard indicated Ellsworth’s handling of the contract was out of the ordinary. He said the biggest question was why Ellsworth didn’t disclose his ties with Eggleston.
“Ask yourself this in considering the evidence – I certainly can't tell you what to do as special counsel, so, I'd ask you to consider this question: Can anyone plausibly argue that there is no appearance of impropriety in the Agile contract?” said Duerk.
On Monday, the four members of the Ethics Committee – two Republicans and two Democrats – began going through a 17-page draft report, written by staff, that lays out potential findings based on the testimony in the hearing. During the meeting, lawmakers suggested extensive changes to the document, saying they wanted to make sure the report was focused on facts rather than conclusions.
The committee is set to meet again Tuesday morning, where they could finalize their report. Once the report is finished, it will be submitted to the full Senate.
The Montana Constitution gives both the Senate the authority to “expel or punish a member for good cause” if two-thirds of all senators agree.
The Senate’s investigation is focused specifically on Ellsworth’s possible conflict of interest. The Montana Department of Justice is conducting its own investigation into potential criminal allegations.
