As the Department of Environmental Protection Commissioner Darryl Brown resigned last week, Gov. Paul LePage said he planned to work with legislative leaders to change the law that precludes Brown from serving.
LePage said the law is “inflexible,” while Brown called it “silliness.”
Both are wrong.
State and federal laws have been written to prevent people from serving in offices in which they may have a conflict of interest that prevents them from completing their duties or allows them to recuse themselves from a decision that presents such a conflict.
The state statute says anyone who has received at least 10 percent of their income from clients who receive or apply for permits or licenses under the federal Clean Water Act in the two years prior to a possible appointment may not serve as commissioner of the Maine Department of Environmental Protection.
The case is the same locally, such as when a selectman or planning board member must recuse him- or herself from discussion and action on items that may pertain to their business or a business of a family member. These statutes and policies are put in place protect the public, to protect businesses and to protect individuals from biased decision making and “conflicts of interest.”
For Gov. LePage to suggest that the law needs to be changed shows his disconnect and disregard for what Maine people believe and want.
People want fairness and balance and equity, particularly in decisions made by officials with a wide range of power. This is why a person who has a vested interest in businesses applying for permits from the DEP should not be granting ”“ or denying ”“ those permits. That decision should be left to people who do not stand to profit or gain business from those decisions.
What is more dismaying now is that it seems LePage knew about the conflict of interest issue and went ahead with his appointment anyway.
According to published reports about emails sent between administration officials the issue was raised in early February ”“ right after Brown’s appointment when a complaint was filed with the U.S. Environmental Protection Agency questioning Brown’s eligibility under federal law.
Emails between administration officials that were obtained by MaineToday Media show that officials were looking into the law and whether it would affect Brown’s position as commissioner.
To add insult to injury, instead of apologizing to Maine people for not properly vetting Brown as a candidate for commissioner of the Department of Environmental Protection, LePage blamed what he called a poorly written law.
As the governor moves forward with appointments and his office duties in general, he should abide by the law rather than trying to make excuses ”“ or worse, changes ”“ after the fact.
Ӣ Ӣ Ӣ
Questions? Comments? Contact Managing Editor Kristen Schulze Muszynski by calling 282-1535, Ext. 322, or via e-mail at kristenm@journaltribune.com.
Comments are not available on this story.
Send questions/comments to the editors.
