The state Ethics Commission will decide whether executive director Dan Mollway should stay on the job after an investigative committee determined the commission cannot function because Mollway is "not appropriately engaged" as an administrator.

The investigation was launched after commission staff contacted the commission in December about morale and the staff's relationship with Mollway.

A report issued Tuesday by commission members Maria Sullivan and David Randell said the investigation determined that Mollway is extremely intelligent and highly regarded in government and nongovernment circles but does not provide adequate communication to staff and the commission.

The investigation cited Mollway's "unpredictable work schedule" and his "apparent disengagement" from the office and staff.

Mollway, who has served as executive director for 24 years, could not be reached for comment.

Paul Saito, his attorney, said Mollway is surprised by the negative tone in the investigative report.

Saito said the report shows that Mollway did not engage in any misconduct and that his work product is not an issue. He said Mollway's decision to take time off in increments, rather than in full days or weeks, should not be used against him.

"He's loyal and dedicated to that office to a fault," Saito said, adding that Mollway was accessible by telephone and e-mail when away.

The commission expects to hear public testimony on the report on June 9.