Bill creates pathway for citizens to complain about their legislators

Maine House Speaker Glenn Cummings, D-Portland, is pushing legislation to redefine conflict of interest, undue influence and abuse of office in state government.

At the heart of his bill, which was heard in the Legal and Veterans Affairs Committee Monday, is a clause allowing citizens to come to the Ethics Commission with complaints about their legislators.

“Allowing public comments will give the public a chance to voice their concerns about legislative behavior,” Cummings wrote in his testimony. The bill also establishes criminal penalties for false claims. “These provisions should provide adequate protecting to legislators and prevent frivolous complaints.”

The bill goes to work session Thursday. The committee also heard a bill involving public disclosure Monday.

According to the proposed statute, Cummings’ bill does the following:

-Clarifies jurisdiction of the Ethics Commission to hear citizen complaints about conflict of interest, undue influence and abuse of office by legislators. Clarifies procedures for the complaints to be made, and establishes penalties for false claims.

-Establishes guidelines for removal of a member of the Ethics Commission, either by impeachment or order from the governor or legislative committee, and requires commission members to disclose financial interests and affiliations.

-Defines ‘conflict of interest’ as when “Legislators (are) financially affected to a significantly greater extent than members in the same expertise, profession, trade, business or type of employment.”

-Prohibits lawmakers from appearing in a non-legislative capacity in front of state agencies on matters in which their legislative committees have oversight.

-Amends the definition of ‘gift’, and requires lobbyists to submit a photo and a list of the committees they will be lobbying. The photo will be for a lobbyist ‘facebook’.

-Prohibits candidates and their spouses from being their own campaign treasurers, requires another campaign finance reporting period and establishes a $10,000 contribution limit to political action committees per cycle.

Both Cummings and Rep. Charles Priest, D-Brunswick, noted the difficulty in coming up with these guidelines in their testimonies. They want the Legislature to uphold ethical standards, while still having lawmakers who represent a broad range of professions and backgrounds.

“It recognizes that the part-time nature of our Legislature will always lead to potential difficulties for those who want to use their expertise in the legislative process, while they still respond to the needs of their constituents and of the citizens of Maine,” Priest wrote in his testimony.

Sen. Lisa Marrache, D-Waterville and chairwoman of the Legal and Veterans Affairs Committee, however, said the bill goes too far, establishing one too many reasons why a lawmaker can’t vote on a given piece of legislation.

She used her co-chairman, Rep. John Patrick, D-Rumford, as an example. Patrick works at a mill along the Androscoggin River. Under Cummings’ bill, Patrick would not be able to vote on any bill involving the river.

“It takes a voice out of the community,” Marrache said.

The undue influence clause also presents problems for members of committees that have far-reaching jurisdictions, such as the Labor Committee.

Sen. John Nutting, D-Leeds, testified against the bill Monday. Maine Citizens for Clean Elections and Jonathan Wayne, executive director of the Maine Ethics Commission took a neutral stance on the bill, offering a few changes.

Ann Luther, co-president of the League of Women Voters of Maine, came out in support of the bill, along with Jon Bartholomew of Common Cause Maine. Of particular interest to Luther was the clause allowing citizens to file a formal complaint against a lawmaker.

“Granting standing to members of the public to file complaints provides for public confidence in the fairness, openness and accessibility of the process,” Luther wrote in her testimony. “It avoids the appearance of a closed process, where collegiality may create constraints against one legislator filing a complaint against another legislator.”