ETHICS LAW REVIEW

A Legislative panel reviewing the state’s ethics laws must devote attention to a serious problem with current ethics laws that limits complaints to lawmakers, and only during the current session. This needs to be changed so that the public, including advocacy groups and department officials, can file complaints as well.

In March, the Commission on Governmental Ethics and Election Practices deadlocked 2-to-2 on whether to pursue an investigation of Rep. Thomas Saviello, who is the environmental manager at International Paper Co.’s Jay mill and was a member of the Legislature’s Natural Resources Committee. Two commission members felt they did not have jurisdiction to investigate because state law says the commission may consider a complaint by a legislator, despite assurances from the Attorney General’s Office that they could vote to take up third-party complaints.

Facing allegations that he used his committee assignment to benefit his company, Rep. Saviello, an independent from Wilton, asked the ethics commission to investigate the matter. He dropped that request in February, leaving the commission to consider a call for an investigation from the Conservation Law Foundation. The group charged that Rep. Saviello used his committee position to crafter weaker rules for IP and that he bargained with the Department of Environmental Protection to drop an enforcement action against the mill.

Rep. Saviello’s lawyer, Charles Harvey, told the commission that investigating the complaint would turn the ethics commission into a “roving police force of the Legislature.” That is the commission’s job. Further it should also be the roving ethics police force for the public. By failing to investigate this complaint because it was not brought by a lawmaker, the commission is in the untenable position of leaving the public with no place to go when they believe a lawmaker has acted inappropriately. The Advisory Committee on Legislative Ethics, which was created by Senate President Beth Edmonds and Speaker of the House John Richardson and met for the first time this week, should recommend that the Legislature fix this by re-writing the law to allow complaints from third parties. The law should also be amended to lift the restriction that only actions in the current legislative session can be investigated.

The commission deadlock would have been avoided if the tie-breaking member of the commission had been present. The requirements for the independent member, who serves as the commission chair, are too high. They require that each caucus agree on the list of three candidates that is sent to the governor. The parties have failed to agree on an independent member and that seat has been vacant for over a year.

The panel, which will meet five more times, can do the public and lawmakers a service by recommending fixes to these problems.