From the Senate

A healthy balance of power

Thu, 12/10/2015 - 6:15am

During Government Oversight Committee discussions last week, some committee members said the governor’s abuse of power in threatening Good Will-Hinckley was merely dirty politics. It was unexceptional, they said, simply the way our politics is these days.

I sit on that committee, and the idea that the governor’s actions are “politics as usual” could well be the most cynical and irresponsible attitude about Maine’s elected leaders I have ever heard.

I am positive that when Maine people elected us, not one did so with a hope in their heart that legislators would perpetuate an atmosphere of intimidation or lawlessness. Voters did not ask for our passive acceptance when faced with corruption that threatens the independence of private organizations to conduct their own business without fear.

It is our solemn duty as elected officials — and particularly as members of the Government Oversight Committee — to protect the integrity and ethical conduct of state government and our political and electoral processes. Our Constitution and laws create a balance of powers and limits in those to protect freedom and keep vital our form of representative government. They are meant to keep us free from the oppression of would-be kings.

Our three branches of government are institutions of and for Maine people. As the institutions’ stewards who took an oath of office, our duty is clear. We must act to oppose any undermining or corrupting of the public’s trust in their government.

The governor’s actions regarding Good Will-Hinckley have been well documented by the Legislature, and by the media. However, there is another undermining of that balance of power that also deserves your attention.

For much of his administration, the governor has taken the unprecedented step of prohibiting his top officials from attending legislative committee meetings to share information with those committees, which have jurisdiction over the various departments of the executive branch.

The governor has said he doesn’t like the questions asked of his commissioners and the frank responses of committee members to the information, or lack of information, provided. Access at public proceedings to knowledgeable staff is essential for policymakers to gain the information and insight necessary to fulfill our oversight duties. The Legislature does not direct the work of people within the departments. It does, however, require cooperation and honest and unfiltered information from departments in order to make responsible budgetary and policy decisions, and to know whether the executive branch is fulfilling its duty to implement the laws of the State of Maine.

On various committees, members have expressed frustration at the governor’s interference in the Legislature’s ability to perform its work in a timely, well-informed manner. Mainers should likewise be up in arms about the appalling lack of transparency and efficiency.

As the one committee with subpoena power, the Government Oversight Committee went one step further last week. In seeking information about the scandal-plagued Riverview Psychiatric Center, we offered Department of Health and Human Services Commissioner Mary Mayhew two dates to choose from. We’d welcome her attendance at either one.

But by a vote of 11 to 1, we made clear we will issue subpoenas if necessary to prevent this erosion of legislative powers by the executive branch. Since then, Commissioner Mayhew has said she would attend voluntarily. This is a start in the right direction, but a threat of subpoena should not be necessary to get information from the executive branch. It remains to be seen whether the governor will end his policy of obstructing the work of other committees.

One thing is certain: If what is happening within the executive branch cannot stand the scrutiny of the Legislature or public disclosure and discussion, then it is all the more essential that such disclosure occur. Carefully crafted press releases, which under Gov. LePage have replaced real and frank conversations, are not enough.

In the Legislature, there appears to be bipartisan support for restoring this balance of power as it should be. For anyone concerned about the proper operation and oversight of state government, clearly the legislative session starting in January will be an important one to watch.