Commentary by TrueDialog.org's Founder, Carl Lindemann

July 16 - When did Maine Heritage Policy Center Become a Political Committee?

Is MHPC a political committee? If so, when did it become one? 

That's the question raised by the first news account of TrueDialog.org's call for an investigation sent to Maine's Governor and legislative leadership two weeks ago. Today, the Ethics Commission meets with Ethics Commission Chair Jean Ginn Marvin likely presiding. Whether that is appropriate or not depends on MHPC's status as a political committee.

Ginn Marvin's fate rests on this according to Kevin Wack's story in today's Portland Press Herald. Unfortunately for Ginn Marvin, the more appropriate question is - when wasn't it a political committee?

The state's election laws are intended to exclude regulated individuals and individuals serving in leadership roles in regulated organization from serving on the Ethics Commission. The reasons for this are obvious. In addition to applying the law in individual cases, the Commission is also a rule-making body. To allow individuals directly subject to the Commission's regulation to have a seat on the Commission would taint its proceedings. In other words, it would be unethical.

So, when Ethics Commission Chair Ginn Marvin failed to disclose that she was on the Board of Directors of MHPC when she filled out the required disclosures for being appointed to the Commission, was this just a minor slip? "I would have guessed that I would have disclosed that, but if I didn't, it was inadvertent," she says.

Actually, there's no need to guess whether she did or didn't disclose it. It's clear in the disclosure document that she did not. The former three-term legislator did make what appears to be an otherwise exhaustive list of associations including numerous innocuous leadership roles and board positions at a number of non-political organizations including the Portland Symphony Orchestra, Maine Educational Services, the Portland Conservatory of Music and the Chamber of Commerce. There is no mention of MHPC whatsoever.

So what if she left out the Portland Conservatory of Music?  Is MHPC any different?  That depends on whether MHPC was a political committee as defined by Maine law. Here's the statute:

21-A MRSA §1, sub-§30. Definitions

30. Political Committee. "Political committee" means 2 or more persons associated for the purpose of promoting or defeating a candidate, party or principle.

Going back through newspaper accounts, MHPC's own website and Grover Norquist's Americans for Tax Reform website gives compelling evidence that MHPC was, in fact, a political committee "associated for the purpose of promoting the principle" of tax and expenditure limitation laws (TELs are the generic category for TABOR). In fact, MHPC's Executive Director Bill Becker openly advocates for TELs within the FIRST MONTH of MHPC's founding. On February 16, 2003, Becker wrote an opinion piece published in the  Lewiston Sun Journal that makes his advocacy for this "principle" explicit:

"...tax and expenditure limitations should be passed...TELs legally limit a state's ability to increase either taxes and/or expenditures. Maine's state government has chronically proven that it is unable to apply fiscal discipline to the budget process, as each of us must do with our own families or businesses. Therefore, legal limits must be placed on policymakers."

MHPC's work as a political committee is clear as plans to bring a TEL ballot measure forward went into action in 2004. In brief, what became the TABOR ballot initiative in 2006 started at the very beginning of 2004.  January opens with Grover Norquist commending eventual TABOR political action committee leader Mary Adams:

"Mary is often overlooked because her role involves organization even though she deserves it, she has never been one to demand the spotlight,” Norquist said. 

In other words, Adams wasn't much of a front person for TABOR. So who could she be partnered with to make a great TABOR team? This team likely came together at MHPC's "Emergency Tax Summit" held on March 23 with Norquist in attendance. Oh, the proper legal term for this "team" is "political committee."

Also, the "Emergency Tax Summit" was a celebrated event that gave MHPC a high profile in Maine. Months later, when Ginn Marvin failed to disclose her board position with MHPC, this wasn't some fledgling, obscure organization. The Ethics Commission Chair's failure to disclose was at the very least an ethical failure - and the legal implications have yet to be seen. Regardless, she has no business remaining on the Commission. Today, her continued presence taints its proceedings. Her past participation puts a cloud over the Commission's previous actions. 

Since there is compelling reasons for believing that MHPC was a political committee as far back as 2003, the focus turns to the Governor and legislative leadership. Will they carry out their duty to have an independent investigation to properly determine whether MHPC was a political committee when Ginn Marvin joined the Commission? If not, what does it mean to have an unethical Ethics Commission?

"Let justice roll down like waters..." - Amos 5:24.

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