Senate Ethics Committee Approves Preliminary Witness and Records Lists, Schedules Hearing

The Senate Ethics Committee met to consider preliminary rules, a proposed hearing schedule and lists of witnesses and documents related to an investigation stemming from a legislative audit. Chair Mandeville presented draft rules and a proposed timeline for an adjudicatory hearing and follow-up committee sessions.

Responding to concerns from committee members about short notice, Senator Smith and others urged additional review time; the committee agreed to revisit the rules in more depth at a Friday meeting and to hold hearings tentatively on the 12th–14th with findings work the following Monday and Tuesday. Special counsel Adam Duerk said the process is a fact-finding mission, not a criminal trial, and pledged to work to ensure due-process components are reflected in the committee's procedures.

Duerk read a preliminary list of witnesses the committee intends to call, including staff from the legislative audit division (legal counsel Ken Varns and legislative auditor Angus MacIver), legislative services division staff (Jared Coles, deputy director of legal services; Angie Carter, financial director), Department of Administration staff (Misty Ann Giles, director; John Thomas, enterprise procurement manager; Lauren Spetzorath, procurement operations manager), and legislators (Senate President Matt Regier, President Pro Tem Ken Bogner, Sens. Barry Usher and Greg Hertz), plus private individuals Bryce Eggleston and Scott Bollinger. Vice Chair McGillivray moved to adopt the preliminary witness list; the committee approved the motion by voice vote, 4–0.

The committee also reviewed a proposed documents list to support subpoenas. Duerk said the subpoena list includes all records relating to contracts or potential contracts with Bryce Eggleston, Agile Analytics and AgileXO (including contract number LSD250016LS and its exhibits), deliverables and weekly reports, communications between Senator Ellsworth and Eggleston/Agile entities for the period 04/29/2024–01/29/2025, communications between Ellsworth and legislative services/Department of Administration about contracts, audit-division communications with Eggleston, Secretary of State filings for Agile entities, and documents showing how a $6,300 bill-for-bill-tracking charge was calculated. Committee members asked to add the Office of Budget and Program Planning to the entities whose records may be sought; Vice Chair McGillivray moved to adopt the document list with that addition and the motion carried 4–0.

Legal counsel Joe Carroll advised the committee that a subpoena compelling production of records generally requires production "not later than 10 business days from receipt" under MCA 5-5-107 (subject to exceptions), and counsel and members discussed issuance, service and enforcement logistics. Counsel also outlined that records requests may be used in lieu of subpoenas but that subpoenas carry penalty provisions; service may be made by any elector with an affidavit under MCA 5-5-108, and enforcement mechanisms are provided under MCA 5-5-109.

Respondent's counsel Joan Veil told the committee she needs access to the same materials as other participants and said her client would require time to review documents, retain experts and prepare depositions and responses; the committee expressed willingness to coordinate a schedule and allow Ms. Veil additional time to produce her witness and exhibit list. Veil also emphasized the need for procedures to protect personally identifying information and trade secrets and urged the committee to adopt protective-order and in-camera review procedures where appropriate.

The committee recessed to reconvene at 4:00 p.m. to continue discussion of the provision of notice and finalize details for issuing subpoenas and related procedural safeguards.