The ethics commission was bound by Maine law to move to executive session.

On Feb. 23, the Maine Commission on Governmental Ethics and Election Practices met in Augusta to take up the issue of whether Rep. Tom Saviello, I-Wilton, had a conflict of interest as a member of the Natural Resources Committee. Based on the information presented, the commission voted 4-0 that Rep. Saviello’s employment as an environmental manager at International Paper should not, in itself, disqualify him from serving on his committee.

Since that time, this paper and several others have cried foul as they were not permitted to attend part of the meeting. This letter is an attempt to explain why the ethics commission made its decision.

The first thing the public should be aware of is that commission members strongly prefer to meet in public. The reason is obvious. People who are not included in a meeting will immediately jump to the conclusion that secrets are being told behind closed doors.

Prior to the beginning of the meeting, the chairman outlined the reasons why this meeting needed to be held in private. Maine state law and the commission’s rules require that whenever a complaint is submitted against a legislator the commission must “determine in executive session whether to hear the complaint.” As we are governed by these laws, we had no choice but to take this action. We simply followed the law.

Think about it. Would you really want anyone with a 39-cent stamp to be able to file any kind of complaint against an adversary and that complaint be detailed on the front page of the paper? Even if the allegation is later proven to be completely fictitious, the damage will have been done. A reputation could be ruined. That is why the Maine Legislature directed that the commission consider complaints against legislators privately.

Another point that needs to be kept in mind is that no other legislator has come forward and stated that they observed any wrongdoing on the part of Rep. Saviello. Not one of the other 12 people on his committee. Not one of the other 150 members of the House and not one of the 35 Senate members complained. We think this is a very important point.

Rep. Saviello was appointed to the Natural Resources Committee by two different speakers. Apparently they saw no reason his job at IP would disqualify him from participation. The law appears to require that complaints be filed by a legislator, so the commission tabled its consideration of the complaint.

Maine is governed by a Legislature made up of citizens. It is a part-time job that pays $18,000 for two years’ work. As a result, we have teachers who sit on the Education Committee, lawyers who sit on the Judiciary Committee and union workers who sit on the Labor Committee. The law is clear that a conflict of interest exists when a person has a “direct pecuniary interest” in legislation. In our opinion Rep. Saviello did vote to help IP be more successful – he would have a very hard time being re-elected in his district had he done anything else.

His role in the Legislature is to represent the people of his district, many of whom depend on the work the mill provides, either directly or indirectly.

Rep. Saviello received no additional pay for his role on the Natural Resources Committee. The bills he voted on were not specific to IP, but to five different mills.

The door is not closed to citizen complaints, but it is important that those wishing to complain about a legislator follow the requirements in the law and understand that the commission must also follow the law when considering complaints against legislators.

Being a member of the ethics commission is not an easy job. We find ourselves generally sailing in uncharted waters. We often must agree to disagree among ourselves. However, as a group, we stand steadfast in our commitment to the State of Maine and the laws that protect her people.

We appreciate the trust that has been placed with us and thank the governor and the citizens of Maine for the opportunity to serve.

Jean Ginn Marvin is chairman of the Maine Commission on Governmental Ethics and Election Practices.