HELENA — The state commissioner of political practices said Gov. Brian Schweitzer violated state law by distributing a public service announcement after filing for re-election last spring.

Commissioner Dennis Unsworth said he decided to agree with the examiner in the ethics case, who found that the law was broken.
But Unsworth is withholding judgment on the recommended $750 fine. Unsworth said further hearings are needed to establish the fine or sanctions.
State law bans the use of state funds for PSAs featuring an officeholder who has stated his candidacy. The Montana Republican Party filed the complaint over a PSA that was submitted for Agriculture Month, and mediator William Corbett determined the radio piece broke law.
Schweitzer's office said Tuesday that no taxpayer money was used to broadcast the public service announcement, which was given to a local radio station that requested it to air free of charge.
"The law is confusing and ambiguous," said spokeswoman Sarah Elliott. "Even Mr. Corbett who issued the initial ruling on the complaint called the law 'confusing' saying 'I don't quite frankly know what the law means.'
"The public service announcement was requested by a local radio station in order to promote agriculture and farming in Montana, and was aired free of charge."
The state commissioner of political practices also said Tuesday that he will allow further discovery into the details of conversations a Schweitzer administration official initiated with Unsworth outside of the formal proceedings.
Unsworth has said Eric Stern never asked him to do anything with regard to the case.
The Montana Republican Party, which has filed a separate criminal complaint alleging Stern tried to sway the public official, said it needs more information about the conversations. In particular, the GOP will want to know if Schweitzer was involved in sending Stern to Schweitzer's office.
"It's very encouraging that Unsworth agreed with us that the statue is not ambiguous and that the governor broke the very ethics law he signed into law," said party spokeswoman Alden Downing. "I think this sends a clear message to all public servants, that as such, the public has invested a certain amount of trust in them and they will not be allowed to abuse that trust."
In his written decision, Unsworth said that Schweitzer became a candidate for office on March 4 when he field for re-election. He said he determined the PSAs were made a day later, on March 5.
Unsworth said he would allow the GOP to question Schweitzer and key officials, but with restrictions.
"It is also presumed and expected that (the Montana Republican Party) will not make unreasonable demands to depose the Governor and his staff and that MRP will accommodate the Governor's busy schedule as he performs his important executive branch duties before and during the 2009 legislative session," Unsworth said.
Unsworth said he is not interested in Republican allegations that Stern acted as an attorney in Montana without a license to do so because such a matter is not in his jurisdiction.
"I am only interested in cogent legal arguments and relevant facts that will enable me to issue a fair and just final decision," Unsworth said.









