Category Archives: ethics

Foxes Establish Henhouse Access Rules

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Here’s another sign that Vermont’s Founding Fathers may have been drunk when they wrote our Constitution. Which, among other flaws, appears to give the Legislature sole authority over its own ethics.

Today, the Senate Rules Committee showed why that’s such a bad idea. While the Judiciary Committee has been busily slashing a proposed Ethics Commission into a glorified filing cabinet, the Rules Committee has been developing a parallel process for its own members.

Today, the Rules Committee adopted an ethics process for the Senate. And according to Seven Days’ Nancy Remsen, the Senate ethics process is designed, first and foremost, to ensure that its members are protected from public embarrassment. (To clarify: she didn’t say that, I did. But her outline of the procedure allows no other interpretation.)

As I’ve written before, the House Ethics Panel is a sorry-ass excuse for a watchdog. The Senate ethics panel won’t be any better, and may be significantly worse.

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State Senate trying to Norquist ethics reform

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Vermont’s Most Sclerotic Deliberative Body has been taking its time with a proposal to set up a state Ethics Commission. Much more time than they took with legalizing marijuana, and probably longer than they’ll take with the frickin’ budget.

Why the slow play? Well, the Senate’s point person on ethics reform makes it abundantly clear.

Sen. Jeanette White, D-Windham and chairwoman of the Government Operations Committee, said, “Because the press keeps saying that we’re the only state without an ethics commission and clearly we have something to hide … I don’t really believe that.”

Credit to the Associated Press’ Dave Gram for capturing that entry into the Quote of the Year competition.

Jeezum Crow. The Senator in charge of ethics reform doesn’t believe ethics reform is necessary. She blames the media for fomenting “a lack of faith in government officials.”

Methinks the good Senator has been in Montpelier too long. She’s been so deep in the system for so long, she’s lost all perspective.

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Clueless Norm

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If there was any doubt that Senator-In-Waiting Norm McAllister is completely unmoored from reality, well, this should be the last straw.

Two months after his suspension from the Vermont legislature, Sen. Norm McAllister (R-Franklin) petitioned a Senate panel last week to restore his voting privileges.

Yeah. Because, why the hell not.

Clueless Norm’s argument is: now that his trial on gross, disturbing sexual assault charges has been delayed until May, there’s no reason he shouldn’t be able to carry out his obligations as a duly-elected lawmaker.

Yeah, no reason at all. I can’t think of one. Can you?

Just because a return to the Senate would turn that body into a daily circus (I’d be tempted to show up every day and shout “Vaginal fisting!” every time he walked by). Just because, whether he is guilty or not, a massive stench surrounds him due to the notoriety of the charges.

Just because, based on what he has already admitted and his lawyer has already acknowledged, the only remaining question is whether he “merely” made his victims submit to unpleasant sexual encounters, or whether he actually committed assault over and over and over again.

Bear that in mind, Senator Peg Flory and his other defenders.

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Planet Norm’s increasingly erratic orbit

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Any time a reporter has a few minutes to spare and wants to buy the Vermont media equivalent of a lottery ticket, all they have to do is give once-and-maybe-future-Senator Norm McAllister a call. If he answers the phone, he’s almost certain to say something dumb or offensive or both.

This week’s winner was Terri Hallenbeck of Seven Days, who wrangled a juicy quote from Good Ol’ Norm, whose internal exile has, unsurprisingly, failed improve his perspective. In fact, he’s showing signs of outright conspiratorialism.

The context: Hallenbeck was previewing this week’s Senate vote on marijuana legalization. At the time, it was looking like a very close thing — maybe one vote either way. Which prompted Hallenbeck to observe that this was “the second of two recent legislative initiatives on which [McAllister] might have swayed the results.” (The other one was the paid sick leave bill.) That is, if he hadn’t been suspended in January because of those pesky sexual assault charges.

Take it away, Norm…

Reached at home in Highgate, McAllister said he would have voted against both measures. “I got an idea that’s probably why some people didn’t want me there.”

Yeah, solid thinking. It wasn’t the multiple felony charges or the pending trial or the embarrassment of having an accused felon in their midst. The Real Truth is that Norm McAllister was simply too dangerous and had to be silenced! 

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I almost feel sorry for the Franklin County GOP

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Please note: “Almost.”

The various critters who live under the Golden Dome must have felt a great sense of relief when Sen. Norm McAllister’s trial was delayed by at least three months. The trial was to have begun this week, and would have featured a parade of elected officials taking the stand and doing their best Sergeant Schultz impersonations. “I saw nothing. I heard nothing. I know nothing.”

Unseemly, to say the least. And it might have interfered with the free flow of Democracy In Action that we usually see at the Statehouse this time of year.

(Hey, you in the back row: Stop laughing.)

So now it’s put off until May 10, when the Legislature will almost certainly be safely adjourned. Ohh, you can bet your sweet bippy they’ll be gone by then.

Well, it’s a relief for the Legislature. It’s the worst possible news for Franklin County Republicans. McAllister’s trial won’t even begin until a mere fortnight before the filing deadline for major party candidates.

I’m sure the party is lining up a candidate for McAllister’s seat (two current Representatives, Carolyn Branagan and Corey Parent, are being mentioned). But I’m convinced that McAllister is clueless enough to file for re-election.

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Sorrell gets the wet noodle

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Scoop of the week award goes to Neal Goswami of the Vermont Press Bureau, for snagging himself an advance copy of the independent investigator’s report on Attorney General Bill Sorrell.

The topline is that Sorrell was exonerated.

The reality is not nearly so simple.

There were six accusations against Sorrell. On two of them, investigator Tom Little found no evidence of wrongdoing. On two others, Little admonished Sorrell for coming uncomfortably close to “crossing the line.”

As for the final two, Little concluded that they were outside the scope of his investigation.

Whaaaaaaaat?

Tom Little was appointed on May 7, 2015. Today is January 22, 2016.

Eight and a half months.

Couldn’t he have told us a bit sooner that he wouldn’t be investigating two of the six counts?   When exactly did he reach that conclusion?

Also, who outlined the scope of Little’s investigation? Well, we know the answer to that: he was appointed by Governor Shumlin. But was it written in a way that excluded certain areas of inquiry?

We were promised a complete investigation of Bill Sorrell’s activities — and that’s not what we got. 

And I think Tom Little, whose investigation was taxpayer-funded, owes us an explanation.

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Senate ethics discussion devolves into farce

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Well, now we know why the Senate Rules Committee likes to meet behind closed doors. Because yesterday, with reporters in the room, things got so badly out of control that they had to abruptly pack up and leave. Fortunately, VTDigger’s Mark Johnson was on hand to chronicle the chaos. His report is a classic case of “this would be funny if it wasn’t so sad.”

Senate Rules, a committee designed to defend the status quo, has been forced by events to take up the issue of ethics regulation — the very idea of which seems to offend at least three of the panel’s five members.

The saddest thing? The shambolic performance didn’t even concern a really tough issue. To anyone hoping for genuine ethics reform — like, for example, a state Ethics Commission — yesterday’s meeting was a knife in the back. The five Senators couldn’t even handle the much less impactful idea of an in-house Ethics Panel using the House’s toothless joke of a watchdog as a model.

Instead, they got stuck in the weeds of disclosure requirements.

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Senate May Do Absolute Minimum on Ethics

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That wacky Senate Rules Committee, under the steady hand of First Mate Gilligan President Pro Tem John Campbell, is considering a bold move.

Well, “bold” by their frame of reference. The committee met yesterday and discussed setting up an Ethics Panel along the lines of the weaksauce House version. Mind you, they didn’t decide anything; they’re just considering it.

And, well, if they do actually set up an Ethics Panel, I might file the inaugural complaint (just as I did, fruitlessly, with the House Ethics Panel last year). My complaint would be, ahem, against the Senate Rules Committee. The intrepid Paul Heintz:

The Senate Rules Committee, which has a long history of meeting secretly, held Thursday’s discussion behind closed doors in the Senate Cloakroom. Seven Days has repeatedly asked to be informed of such meetings and was told about it in advance by a member. [Senate Secretary John] Bloomer posted public notice of the meeting Thursday morning on the legislature’s website, just hours before it took place. One other reporter, from the Burlington Free Press, attended.

Is it just me, or is there something fundamentally ironic about a “Rules” Committee repeatedly failing to abide by open-meetings requirements? Nothing says “transparency” like having “a history of meeting secretly.” And in a frickin’ closet, no less.

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Ladies and gentlemen, the comedy stylings of John Campbell!

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Looks like it’s in the bag. When the State Senate meets Wednesday, it will vote to suspend Norm McAllister, self-admitted sex criminal, from his seat. Not expel him, not allow him to serve, but to consign him (they hope) to political limbo until his criminal trial wraps up — almost certainly after the end of this year’s legislative session, and perhaps after the official beginning of campaign season. (Candidate filing deadline is May 28. Criminal proceedings likely to still be pending. Will Norm file for re-election?)

The rationale: Expelling McAllister might compromise his trial, but we can’t simply let him continue to serve. Which would seem to be a contradiction: he should be presumed innocent, but he’s unfit to serve in the Senate.

Whaa?

It also leaves the people of Franklin County as the real victims. They will lose one of their two state Senators for an entire session, but they will also continue to live with the very real stain of officially being represented by Norm McAllister. Suspension is the convenient way out for the Senate, but it ignores the interests of absolutely everyone in Franklin County — Democrat, Republican, Independent; pro-McAllister or anti.

Our Pro Tem, thinking deep thoughts.

Our Pro Tem, thinking deep thoughts.

Senate President Pro Tem John Campbell addressed the situation in his usual meandering, impenetrably filibustering style in a podcast interview with VTDigger’s Mark Johnson. As a public service, I listened carefully to the uncontrollable torrent of Campbellian verbiage and, painful though it was, transcribed it for your reading pleasure. (His answer to Johnson’s initial question on McAllister took more than six full minutes. I had to stop transcribing after about five — I simply couldn’t take any more.)

And now, the annotated John Campbell.

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Dubie discredited

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There’s quite the journalistic one-two punch on VTDigger today. It’s a story that exposes former Lt. Gov. Brian Dubie’s anti-wind activism for the empty rhetorical shell that it is; it also raises serious ethical questions about a top state official. Or it would, if the state had any serious ethical standards to enforce.

For those just joining us, Dubie emerged from his long political hibernation earlier this year to take up the fight against a proposed seven-turbine wind farm near his home in Swanton. Dubie insisted this wasn’t a case of NIMBYism which, don’t they all. But his political profile lent a bit of suit-and-tie gravitas to the cause.

In addition to the usual discredited arguments about environmental impact, Dubie attacked the Swanton plan as a menace to aviation. And since the guy is a pilot with American Airlines, his words carried some weight. Except it was all bullshit.

This fall, Dubie has been trumpeting a statement from the Federal Aviation Administration to support his stance. But it turns out that the FAA was merely claiming an interest in reviewing the plan. And now it has completed its review, and determined that there is no impact on aviation. None.

In other words, he wasn’t an expert with unique insight. He was just another zealot pushing whatever scraps of “information” he could find.

But what’s worse is that he had a willing accomplice at the highest level of state government: Guy Rouelle, aviation program administrator for the Agency of Transportation.

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