Montana Public Service Commissioner Annie Bukacek offered a “more plausible explanation” for why she brought documents from her medical office to the public agency — and it doesn’t amount to an ethics violation.

That’s the decision Commissioner of Political Practices Chris Gallus issued Wednesday regarding allegations Public Service Commissioner Brad Molnar made that Bukacek was copying medical records on the public agency’s dime.

Bukacek is a medical doctor based in Kalispell, in addition to being a Public Service Commissioner. She is on the Logan Health Medical Center receptionist directory.

In a letter rejecting the complaint, Gallus said Bukacek explained she doesn’t have enough disposable material to require pickup at her medical office, so she brings recycling to the Public Service Commission.

“None of the facts provided support a finding that Commissioner Bukacek ‘used public time, facilities, equipment, state letterhead, supplies, personnel, or funds for [her] private business purposes’ in violation of MCA 2-2-121,” Gallus wrote.

In the complaint filed in October, Molnar alleged Bukacek brought a valise full of medical records to the Public Service Commission, and he said she tied up the copy machine for “long periods of time.”

Molnar said he found stacks of medical facility fax cover sheets, and he alleged Bukacek was copying the records that came with them, then tossing the cover sheets. He alleged her use of state equipment was improper, for personal business.

Bukacek, however, said she couldn’t remember copying anything, nor does she likely ever have reason to copy medical records; rather, she uses equipment in the copy room to print articles and other documents “germane to her work as a public service commissioner,” according to the letter from Gallus.

Gallus said Molnar provided a lot of documents, but they didn’t amount to evidence Bukacek was copying medical records to take back to her private office — a theory he described as “pure speculation.”

Given the lack of evidence, Gallus said he was returning the complaint to Molnar as “insufficiently supported.”

Although “legal gymnastics” may allow others to conclude Bukacek’s use of the recycling service at the Public Service Commission is a use of public resources for personal gain, Gallus said “that is a jump I refuse to make.”

He said the benefit would be “de minimus at best,” it didn’t promote a business purpose, and it’s easily outweighed by the environmental benefits provided to the people of Montana by recycling.

Gallus acknowledged that an employee routinely bringing outside recycling to a public workplace could create issues if it increases costs or interferes with workflow.

However, he said that problem does not indicate a violation of the Code of Ethics, but would be a matter for agencies to address as they deem appropriate.

“No evidence provided adequately supports an allegation that Commissioner Bukacek is conducting her private business from her PSC office or otherwise using the PSC copier/printer to further her private business purposes,” Gallus wrote.

Molnar also alleged some of the records contained private patient information contrary to HIPAA, the Health Insurance Portability and Accountability Act, which protects patient privacy.

In the letter rejecting the complaint, Gallus said he and Molnar discussed potential evidence in the case, and he advised Molnar it would be inappropriate for the Commissioner of Political Practices to accept anyone’s private information.

Gallus said Molnar provided one record that appeared to have a patient’s name and birthdate, both “properly redacted” by Molnar.

But Gallus said that matter is not under his jurisdiction.

“While some materials retrieved from the Public Service Commission’s recycling bin potentially contain names and other identifying information, if the single item provided to COPP is subject to HIPAA, COPP is not the proper venue to address any potential HIPAA violation or related issues,” Gallus wrote.

In a text message, Bukacek said cover sheets may indicate underlying documents are confidential, but the cover sheets themselves are not confidential. And she said she brought only the cover sheets for recycling, not the underlying documents.

By her estimation, the HIPAA accusation “is fulfilling the role of distraction from the lack of evidence in this case.”

In a statement, Bukacek said she believes the allegations by Molnar amounted to “workplace retaliation” for her admission she had filed a complaint to human resources against him.

In July, Molnar announced he was under investigation at the agency for professional misconduct. The investigation includes multiple allegations of misconduct, and it remains pending.

Bukacek, however, said the ethics complaint Molnar filed against her, although unfounded, already has had repercussions, including false statements from political opponents and questions from “beloved patients.”

Bukacek said she fears the complaint will have consequences for agency staff as well.

“(Molnar’s) unjust actions against me sends a further chill to staff’s willingness to come forth with complaints about Brad Molnar’s unprofessional conduct,” Bukacek said in an email. “After all, if he can retaliate against a fellow commissioner and get away with injurious conduct, what protection is there for our wonderful, dedicated PSC staff.”

Molnar most recently took office at the Public Service Commission in January, but he served previous terms, and this year, he was elected president of the five-member commission.

In October, however, his colleagues ousted him as president, alleging he repeatedly interfered with the investigation and accusing him of retaliation.

In her statement, Bukacek said she raised concerns about what she felt was “an abuse of power” by Molnar, and she is experiencing the consequences.

“The complaint filed against me by Commissioner Molnar was eight days after I made the motion to remove him as president and one day after the PSC voted to seat his replacement as president. A coincidence? I think not,” Bukacek said.

Molnar has admitted to being unpolished, a “red neck wearing a white shirt,” and to using his First Amendment right of free speech, but he denies retaliation. He argues a polygraph he took clears him of such accusations.

In an email, Molnar said he isn’t satisfied with the conclusion by Gallus.

Molnar said he wanted to know who besides Bukacek “hauls their trash 200 miles to work to recycle,” and why she would do it when Kalispell has a drop-off service.

“Commissioner Gallus may have bought the above story, but I am pretty sure a jury of six average people would find Commissioner Bukacek’s story pretty darn goofy,” Molnar said.