September 22, 2024
Editorial

ETHICS REFORM, REVIVED

Last session, state lawmakers punted on the issue of ethics reform. A new bill from the Speaker of the House gives them another chance to adopt clearer, tougher standards on conflicts of interest and other ethics issues.

A legislative advisory committee on legislative ethics last year recommended important improvements to Maine’s sometimes vague rules and regulations. Many of those recommendations were included in a bill by House Speaker Glenn Cummings and Senate President Beth Edmonds.

For example, the advisory committee rightly decided that the current language requiring lawmakers to recuse themselves from legislative action only when they would enjoy a “unique and distinct” benefit is too narrow. Instead, it suggested, a conflict would arise when legislation would benefit or harm a lawmaker, an immediate family member or economic associate, which includes employers, “to a degree that is significantly greater than similarly situated persons or entities.” This appropriately would result in more recusals, but would not, as critics charge, prohibit teachers from serving on the Education Committee, for example. The proper standard should, however, prohibit a retired teacher from voting on an increase in retirement benefits for educators.

The committee also recommended changes to clarify that the public can file complaints against sitting lawmakers. Two years ago, members of the Commission on Governmental Ethics and Election Practices voted 2-2 to not pursue a complaint filed by a conservation group. Two commission members said they believed they did not have jurisdiction to investigate a complaint from an entity other than a lawmaker, despite assurances from the Attorney General’s Office that it could.

Rather than support these needed improvements, lawmakers asked the Commission on Governmental Ethics and Election Practices to review a decade worth of complaints to see who filed them and how they were handled. The commission’s review was presented last week.

It found that the public rarely brought matters before the commission. There had been four complaints filed by the public against sitting legislators and one brought by the commission’s then executive director. In each instance, the issue was resolved behind closed doors with the legislator who was the subject of the complaint.

To resolve these problems, the commission’s director, Jonathan Wayne, recommends changing the law to clarify that anyone can file a complaint with complaints remaining confidential until a public hearing, if the commission deems one is warranted. The commission also recommends that the law be broadened to allow complaints within the last two years, not solely during the current legislative session.

A new bill, now being finalized by the House speaker, is expected to incorporate these needed changes as well as the new definition of conflict of interest.

Lawmakers should approve tougher and clearer standards this time around.


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