AUGUSTA – The state ethics commission deferred action Tuesday on an independent gubernatorial candidate’s appeal for public campaign funding until a fifth and final member for the panel can be nominated by the governor.

John Michael, an Auburn conservative, had his request denied last month for up to $1.2 million in campaign funds under the Maine Clean Elections Act by the state Commission on Governmental Ethics and Election Practices. The five-member commission has been meeting as a four-member board since April 2005. The Maine Legislature has yet to submit three names to the governor of either Green Independent Party members or independent voters to join the two Democrats and two Republicans on the commission.

Michael, a former legislator who has built a reputation as a confrontational maverick, dropped out of the Democratic party in 1994. Claiming there was no way a board composed of members from the two major parties would ever give an independent a fair hearing with so much money hanging in the balance, Michael said Tuesday he was pleased the commission had voted 2-1 to grant his request to defer action on his appeal until the fifth commission member can be appointed.

Chiding legislative leaders for allowing the commission to operate so long without appointing the potentially tie-breaking fifth member, Michael said he was happy the panel had chosen to grant his request even though there’s a slim possibility his arguments in favor of public funding may not be heard until late in the election season.

“That’s all right,” Michael said. “You give me $200,000 a week before the election, and I’ll win it. Today, I had nothing to lose, since I’m pretty sure this panel would have voted against me. But I’m happy and pleased that the commission has taken this action concerning the Legislature’s obligation. It’s been put in their face today by the commission.”

As it was Tuesday, the commission was just barely able to meet the threshold for a quorum with only three of its four current members in attendance – Jean Ginn Marvin, the Republican chairman of the panel, and the two Democrats, Andrew Ketterer and A. Mavourneen Thompson. Because Michael and his attorney, Stephen Whiting, opened the hearing with a request for a continuance, the panel never addressed several of the key points cited by commission staff which last month recommended rejecting the candidate’s request for public funding.

The staff concluded a “pattern of fraud,” was evident in Michael’s collection of the $5 qualifying contributions required for certification. Michael emphatically denied the allegations.

Instead, the commission wrestled Tuesday with its responsibilities as stipulated under Maine law along with the point raised by Michael and his attorney. Taking the lead in favor of granting the candidate’s motion, Ketterer said Michael had presented “a reasonable request that I think we should grant.”

“There is absolutely, positively no harm to the state of Maine in granting the petitioner’s request to continue this hearing,” he said. “I think it would be wrong for us to do anything other than that.”

Thompson argued that even without its full complement, the commission was legally constituted with three members and had “a responsibility” to proceed with its agenda and hear Michael’s appeals argument. The difference of opinion between the two Democrats produced a brief, but edgy, repartee as Ketterer pressed his point to convince Ginn Marvin.

“The [suggestion] that the state has an obligation to save John Michael from himself is absolutely ludicrous,” said Ketterer who added there was no justification for “stubbornly” insisting on going forward with the hearing.”

“[We shouldn’t go forward just because] we’ve got our charts, television cameras, and we’re going to do our ramrod, kangaroo court because that’s more important to us than treating this fairly and granting a reasonable request – that would be clearly and plainly wrong,” Ketterer said.

Thompson responded, “I hear the words ‘ramrod’ and ‘kangaroo court’ and ‘stubborn’ and I see no evidence to support those types of terms. I view that whatever decision that we make from this hearing today moves forward and can be reviewed by an another body if the appellant is dissatisfied with the result. … We have a job to do today and I don’t think it’s our responsibility to force the Legislature to do its job.”

Ginn Marvin sided with Ketterer after saying it wasn’t clear to her when the Legislature would actually take action to fill the fifth slot on the commission. Staffers to House Speaker John Richardson said Tuesday that Republicans and Democrats were awaiting a response from Green Independent Party Rep. John Eder, of Portland, regarding a list of three proposed nominees. Eder was expected to respond by the end of the week.

Pending final discussions and agreement between the Greens, Republicans and Democrats on the three finalists, the list of three nominees would be sent to Democratic Gov. John E. Baldacci who would select one for consideration by the Legislature’s Legal and Veterans Affairs Committee. The nominee also would be subject to confirmation by the Maine Senate.

Already on the November ballot, Michael is attempting to join Republican state Sen. Chandler Woodcock of Farmington, Green Independent Pat LaMarche of Yarmouth, and independent state Rep. Barbara Merrill of Appleton in staging taxpayer-financed campaigns. The other gubernatorial hopefuls on the ballot – Baldacci of Bangor and independents David John Jones of Falmouth and Phillip Morris NaPier of Windham – are financing their campaigns through private donations.