AUGUSTA — The ongoing political tiff between State Treasurer Bruce Poliquin and Democrats has elevated to a fistfight.

Rep. Mark Dion, D-Portland, is questioning whether Poliquin's involvement with the Popham Beach Club violates a provision in the Maine Constitution designed to limit the state treasurer's business dealings while he or she is responsible for the state's treasury.

Dion on Tuesday requested an opinion from Attorney General William Schneider on whether Poliquin's ownership of Dirigo Holdings LLC falls outside the bounds of Article V, Pt. 3.

The article in the Constitution reads: "The treasurer shall not, during the treasurer's continuance in office, engage in any business of trade or commerce, or as a broker, nor as an agent or factor for any merchant or trader."

Dirigo Holdings runs Popham Beach Club. Poliquin recently made headlines over his request to expand the activities at the club. The Phippsburg Board of Selectmen recently approved the request. Dirigo Holdings also owns Popham Woods, a housing development in Phippsburg. 

The constitutional provision allows Poliquin to receive income from stocks and real estate investments. However, Dion believes Poliquin's involvement with the Popham Beach Club and Dirigo Holdings warrants an official opinion from Schneider.

Dion, a lawyer and the former sheriff of Cumberland County, said the Constitution appears to be very clear on the issue. 

"When I read the provisions in the Constitution, the role is pretty limited and expectations are pretty clear," Dion said. "As a matter of fact, I showed it to my law partner and he chuckled. He said it was probably the passage with the most clarity in the entire document."

He added, "Constitutional provisions lend themselves to interpretation. This one is very clear that a treasurer is prohibited from engaging in private business transactions."

Poliquin did not return calls for comment Wednesday. However, in a recent column in the Portland Press Herald, he indicated that he was aware of the provision before he was elected treasurer by the Legislature in 2010. 

The column notes that Poliquin sought an opinion from former Attorney General Janet Mills. However, Poliquin was not a public official at the time and Mills advised him to seek private counsel.

The column also notes that Poliquin had not consulted with Schneider about the provision. The Attorney General's Office confirmed today that Poliquin did not ask for an opinion from that office on the matter.

Dion has cited previous legal opinions that have ruled that activity similar to Poliquin's was a violation of the state constitution.

A spokeswoman for Schneider said she did not know how long it would take the office to respond to Dion's request.

Schneider, like Poliquin, is a Republican, but Dion said he was hopeful the attorney general would issue a fair ruling. He noted Schneider's ruling last year on a conflict-of-interest provision in the Clean Water Act that bumped Livermore Falls resident Darryl Brown from his post as director of the Department of Environmental Protection.  

"I've been impressed with the AG, especially around the dealings of the DEP commissioner," Dion said. "He’s shown an ability to uphold his end of the bargain under the constitution and to call it as he sees it. That’s all I’m asking him to do in this case."

Poliquin has irked Democrats with his frequent attacks on MaineHousing, the quasi-public agency that has come under scrutiny by the Maine Heritage Policy Center, a conservative advocacy group. Democrats have accused Poliquin of politicizing his office for engaging in an effort that they believe is designed to force out MaineHousing Director Dale McCormick, a Democrat. 

Poliquin in turn has defended his frequent email blasts and blog posts on the MaineHousing issue as being part of his role as the state's treasurer. 

Dion said his request was not politically motivated.

"This is simply a fact-finding issue," Dion said. "I’d be remiss to say that had (Poliquin) not presented himself so publicly about these business dealings and the controversy, we may not have been aware of this."

If Schneider rules that Poliquin has violated the state constitution, it's unclear what the penalties would be or whether the treasurer can simply divest his holdings. 

In a related matter, the Maine Democratic Party today filed a complaint with the Maine Commission on Governmental Ethics and Election Practices alleging that Poliquin failed in his 2011 financial disclosure to list any businesses as areas of self-employment, despite the fact that he currently serves as clerk and registered agent of Dirigo Holding LLC and is the owner of the Popham Beach Club. 

smistler@sunjournal.com