AUGUSTA, Maine — The Maine House of Representatives unanimously passed an order Thursday requesting the state’s highest court to issue an opinion on whether Treasurer Bruce Poliquin has violated the state constitution by engaging in commerce while in office.
By a 122-0 vote, lawmakers approved House Order 41, offered by Majority Leader Philip Curtis of Madison, that asks the Maine Supreme Judicial Court to weigh in Poliquin’s situation.
Curtis’ order reads, in part: “If it is determined that the Treasurer of State has engaged in any business of trade or commerce, or as a broker, or as an agent or factor for any merchant or trader, does that finding affect or have an impact on the validity of the actions taken by the Treasurer of State in the performance of his official duties as used in the Constitution of Maine, Article V, Part 3, Section 3?”
Article V, Part 3 Sec. 3 of the Maine Constitution says a constitutional officer cannot engage in commerce while in office. Poliquin has been directly involved in both the Popham Beach Club, a private club in Phippsburg, and Dirigo Holdings LLC, a real estate company.
Assistant Majority Leader Andre Cushing, R-Hampden, said Thursday that it’s the Legislature’s job to protect the public from any inappropriate actions by elected officials or constitutional officers. Maine’s constitutional officers are the state treasurer, secretary of state, attorney general and state auditor, who are chosen by the Legislature.
“The court has an opportunity to provide us with a clear directive and we look forward to them considering this issue and reporting back to the House,” he said.
Rep. Mark Dion, D-Portland, who submitted a similar but broader House order earlier in the week supported Curtis’ order instead.
About three weeks ago, Maine’s attorney general issued an opinion on Poliquin in response to a formal request from Dion.
William Schneider advised Poliquin to “disassociate” himself from most of his business ventures but did not indicate whether the treasurer violated the constitution. Schneider wrote that the section of the constitution is “general and without limitation,” and has not been challenged in court.
“With respect to the Treasurer, any activities related to the active management of stock or other ownership interests should be handled by third persons in the absence of any authority suggesting that such activities are acceptable when undertaken directly,” Schneider wrote.
“During the Treasurer’s term in office he should take steps to disassociate himself from the active management of any of the entities in which he is invested and any entities in which he is the sole owner or principal or agent.”
Dion said Schneider’s opinion seems to indicate that Poliquin already had erred by lobbying a local planning board on behalf of the Popham Beach Club and by actively marketing his real estate holdings.
“If the attorney general will not hold Mr. Poliquin accountable, the responsibility falls to the Legislature which dictates our duty to seek guidance from the state’s supreme court,” Dion said in a statement earlier this week. “We have evidence that a constitutional officer has violated the constitution. You can’t break the law and simply walk away from it.”
The House order passed Thursday requests that the state supreme court settle the matter definitively. No timeline for a decision was outlined on Thursday but some Democrats were pushing for a quick turnaround.
“We need the court to provide guidance now that we are considering multiple bond proposals, which are part of Mr. Poliquin’s fiduciary duties,” said Rep. Peggy Rotundo, D-Lewiston, the Democratic lead on the Appropriations Committee. “Mr. Poliquin’s actions may hold these bonds in question.”
The treasurer has not directly addressed questions about the constitutionality of his business dealings, but has said publicly that he believes the scrutiny facing him is politically motivated.
Earlier this week, another matter involving Poliquin was settled by the Maine Ethics Commission.
The Maine Democratic party had filed an ethics complaints alleging that Poliquin violated ethics laws by not disclosing his business dealings. The commission ruled on Wednesday that Poliquin’s original disclosure form from 2010 was substantially compliant but was incomplete. It has now been made complete through an amended filing.
No penalty was recommended.
Shorefront in tree growth? Conflict of interest with club? Why does it even need to go to the court? He should resign.
He even looks uncomfortably guilty.
If he did violate the constitution according to the high court, will he be prosectued? Resigning doesn’t seem adequate.
You can’t be prosecuted because you violated the constitution. You need to violate a criminal statute for that.
he should also be prosecuted and sent to jail, pay back all he scamed and double that in fines.
You can go to jail for shoplifting a pair of socks
I don’t think there is any question of him ‘scamming’ anything…only in continuing to operate the business.
They are just doing to make it look like they are trying to do something knowing it will go no where. More BS. to make themselves look better.
David, I hope you’re wrong, but I had the same thought myself. It’s unfortunate that people are losing faith in all aspects of government. Let’s hope the court will restore it.
Look folks, even though he is a high ranking official, he deserves a few priveledges. He puts a lot of effort and untold hours into the support of gov. LePage. Now leave him alone and drop all the jealous comments. After all, he is a special friend of Paul.
I don’t think he was a friend of the Governor until after the primary. Not that accuracy matters to BDN folks.
Look see they want him to fill Snows seat lol
This is what happens when you go around pointing out everyone else’s ethical shortcomings in a self righteous manner while having a huge blind spot with respect to your own shady dealings….is there any wonder why nobody comes rushing to this weasels defense.
Poliquin does have Ric Tyler to run interference for him.
That’s funny ’cause the description above sounds like Ric Tyler as well.
This man sickens me. My husband and I have a tiny cottage Down East that is 900 square feet on a piece of land that is 106 feet by 66 feet. We do not own shore property, but have great views from across a neighbor’s lot. We pay almost $1,000 a year in property taxes, yet this man owns 10 acres of shore property and pays only $50 a year in property taxes for supposedly running a logging operation on land whose deed says he can’t cut trees!!! The 99% compared with the 1% shows outrageous inequality. This has to stop!
Can you imagine how much lower all our taxes would be if jerks like this guy didn’t twist and manipulate the law?
”
if jerks like this guy” … sometimes called the 1%.
Yeah, only rich people try not to pay taxes…
Per IRS in 2009 the top 1% paid about 37% of income taxes. I think you’d agree that is unfair and would support a single payer tax where we all pay an equal amount.
No, I wouldn’t agree. How much of the country’s wealth do they hold? How much wealth do they hold overseas and in tax shelters? Don’t present only half the picture and think you’re going to convince people that your opinion is right.
My point was the top 1% already does heavy lifting in regard to income taxes. The second part of the post was more or less sarcasm. The real crime is that about two thirds of the people in this country are not paying any income taxes. The federal government is spending $3.5B per year (about $1.2B greater than what they bring in). None of this is opinion. So on one hand we have about 66% of people not paying income taxes and the solution is that the 33% that are need to step it up?
All irrelevant. First of all, your “facts” aren’t even accurate and second, you’re again, only providing part of the picture. Why are you refusing to talk about how much wealth the top 1% holds? You can’t say they’re doing the heavy lifting because the portion of the country’s wealth is wildly disproportionate compared to the remaining 99% of the country. They hold that much more money, so OBVIOUSLY they’re going to pay more taxes. Obviously.
“From each according to their ability… to each according to their need”.
Great quote!
So even Republican/Tea Party members in the House want Bruce investigated. It’s beginning to look like the only people in Bruce’s corner these days who still want to say, “Hush-hush let’s just make this go away” are Mr. LePage himself as well as those within his close inner circle. What does that tell us about the way this “Inner Circle” thinks versus the way good honest hard working Mainers think? They aren’t like us, they don’t represent us, and they need to go away next November.
Fortunately there are still some Republicans who know the difference between right and wrong. Unfortunately for the citizens of the State of Maine the Maine Attorney General isn’t one of them. The recent ruling handed down by The Attorney General in this matter basically said, yes you were wrong in what you did, but because we are buds I am giving you a pass this time, but please don’t do it again. That is not the way Maine’s top law enforcement officer is supposed to act. I have no problem with someone following a certain ideology, it it part of what Americans do. When The Maine Attorney General fails to do his job because of his ideology then it it time to find a new Attorney General. Had the Attorney General done his job as required by the Maine Constitution then there would be no need for the State’s highest court to become involved in this matter. He failed to do his job and now it is up to the court to step in.
I do not read what the AG said as anything like your take on it. Interesting how people interpret things, isn’t it?
The Maine Attorney General was requested to issue a ruling on whether or not the Maine Treasurer had violated the Maine Constitution. The Maine Attorney General did not render an opinion on if the Maine Constitution had been violated but rather informed the Maine Treasurer not to do what he had already done again. Perhaps you would be kind enough to share what you feel the Maine Attorney General said.
why does that surprise you?
Tea Party members want ALL government abuse to stop. That is really the point of the Tea Party, even though MSNBC might want you to believe otherwise.
But WHO defines what is “ALL government abuse”?? The Tea Party?
Ten acres of tree growth tax land but only nine acres or less of trees. Check it out on MapQuest from 160 to just south of the house at 197 Ledgemere Rd, Georgetown ME. All that ledge to low tide is included in the 10.3 acres. How does this meet the 10 acre minimum of actual forestland and nothing but?
The land is in tree growth, perfectly legal and if you try to take it out of tree growth they will have to pay all back taxes. How nice that you come here for a week or two, we will keep your roads clean and an eye onnn your property while you live life ‘away’ WAHHHHHHH
The claim is only legal if there are at least ten acres of actual “forest land”. The acre or more of ledge, road and developed land on Mr Poliquin’s 10.3 acre parcel do not qualify. The state tax office has verifies this interpretation. Call them and find out for yourself.
The best way to cover up trash is to camoflage it with more trash!
So the House Jumps In!
When Mr. Poliquin was placed in the treasurer’s job I commented, “He’s a Wall Street banker in charge of our money. What could possibly go wrong?”
I guess we’re beginning to find out.
Flaunting the law. Cutting corners. Playing the angles. Unconstitutional.
Wall Street banker should have been your first clue.
Whatever happens as far as Mr. Poliquin’s personal finances go, the work he has done has saved the taxpayers thousands. We have one former director in jail, and another who should be. It will make the scoundrels who have been mispending our hard earned money for decades very happy to be rid of Bruce.
Still, as a Tea Party person, it does not matter who someone is, how I feel about them personally, and what they have accomplished: if there is a possibility of problems, we want to look into the situation. The Ethics Committee found him in compliance.
The other night his picture was on the news, I had the TV muted because I was on the phone, my 11 year old daughter says – “mom, what did he do, did he get arrested? He looks mean”
Not that looks matter but I found it very funny that a little girl came to that conclusion all on her own.
I think your post is pitifully sad. This has to be a teachable moment for you as a parent.
well then let me tell you the rest of the story – my reply was “no he wasn’t arrested, he’s the state treasurer” the end
Looks like you got a future OWSer on your hands.
Buy her a tent, and some blue tarps before they get expensive.
she’s a straight A student, plays all three sports (excelling in two), excels in Band and her and I volunteer at the local library 2x a month, and plans to be a Vet when she grows up – I think she’s all set.
TIMBERRRRRRRRRR !!!!!!… Watch for falling tea bags !
Well Poliquin isn’t going to be yelling timber any time soon, not with shoreland zoning and restrictive covenants.
If Penguin had any ethical thought processes, he’d cut this man loose. When is the last time the Maine House voted unanimously for anything?
They can’t even agree on their taxpayer paid lunch.
Not the Governor’s call on this one. The Treasure is an elected constitutional office, voted on by our legislators.
You really need to stop butting your nose into these pages. Of course, anyone who’s up on Things Political knows that LePage has not control over Bruce.
Only the True Believers will rant on and on against the Governor and Constitutional Officers.
Don’t spoil the fun for the rest of us watching certain posters go off the deep end so often!
let’s hope this ends his political career
Will be become a lumberjack, then ?
Bruce should just leave to save his party from further embarrassment next November.
The Maine House elects a MaineCare scam artist to the speaker’s chair and then claims it wants the high court to look at the treasurer’s ethics.
The whole thing is like Jenna Jameson defending chastity.
Only difference is, people would at least pay attention to Jenna… they may not listen to a word she said, but they would pay attention to her.
ROXANNE QUIMBY ,Your next !! Sooner or later everyone has to pay their dues !!
Not necessarily.
As far as the Tree Growth issue goes the assessor in the town never should have granted it. The assessor can and should have denied the application. People in the town should be complaining of the assessors actions. The assessor should review the laws and rescind the tree growth.
Small towns seem to give Mr. Poliquin whatever he wants. Look at what he got in Phippsburg. He got to turn 2 cottages into a club that has parties for 100+ people next to his residential neighbor with parking 20 ft from their property line.
This is very nice but why does the constitution provide for a state attorney general. Is he in Florida too?
The AG is too busy trying to take Birth Control from Women. The Republican War on women. Forget about enforcing laws against Republican Buddies.
The AG is not trying to take birth control from women. He is trying to preserve the conscience clause that was deliberately left out of this give away. How is NOT PAYING for something taking it away? How many medical things do you have to pay for, at least a copay? Why is this one thing FREE or DENIED? Ridiculous. Contraception in many forms is available readily everywhere. There is no reason this is free and other medications and devices are not. Except that it is a way to get silly folks all riled up about a non-event.
This was way out of the bounds of the Constitution to begin with. There is no authority for the President or the Congress and certainly not some unelected Secretary of Health to mandate the purchase of any good or service for anyone. In addition to requiring a business or their insurance company to provide this particular service, they did not allow for the exception to religious organizations that might find the service contrary to their beliefs.
I thank the Attorney General for being brave enough in this liberal atmosphere to stand up for the First Amendment. I am proud that he also signed on to the suit against ‘Obamacare’ that will be heard by the Supreme Court.
Let the dominoes begin falling. Eventually the next-to-last domino will strike LePlague.
Changing the focus from the real thief in office: head of the Maine Affordable Housing Authority.
Have you read the law concerning Tree Growth?
This is included:
“Forest products that have commercial value” means logs, pulpwood, veneer, bolt wood, wood chips, stud wood, poles, pilings, biomass, fuel wood, Christmas trees, maple syrup, nursery products used for ornamental purposes, wreaths, bough material or cones or other seed products.
Bye Bye Brucie!
yessah
Unanimous, huh?
And in other news the Maine Ethics Commission voted 4-1 that Poliquin substantially complied with the State’s financial disclosure law and that no penalty or sanction would be imposed. But you will never read it here.
2 of those people contributed money to his gubernatorial fund raising efforts. They should not have been on the panel.
It’s in the story and was in yesterday’s story as well.
-Eric Russell
122-0! Sweet! Nice to see Brucie has no friends.Clang goes the jail door,we hope.
I can see a lot of free memberships in the club coming out of this.They will never slam the jail door on brucie.The average person would be locked up already and they would be investigating to get reimbursment out of them.round and round goes the wheel of politics
Locked up for what? What LAW was broken?
Has the blue ox, LeBabe commented on this development ? 24 hours..tick tock goes the clock !
The unanimous vote on a watered-down request demonstrates a couple of things:
First, the Legislature does not want to deal with Poliquin, who was hired by Legislature, but instead wants court to do it;
Second, that Republicans are going to be in charge of this now, taking it away from Rep. Dion and Democrats, because a Republican rep is on letter; and
Third, confirms my long-standing belief that Poliquin is a behind-the-scenes manipulator. The questions are not as direct. He and the Maine Heritage Policy Center idiots probably are trying to change the constitution and the role of the treasurer. Let’s hope this gamble with the courts doesn’t pay off.
Here are the facts: His business includes a private club (members only) that now can be rented out. Who will he invite in? Are they investors? Persons who could influence Maine’s buying and investing powers on financial markets? That’s why a treasurer isn’t supposed to engage in business.
The treasurer also isn’t supposed to be engaged in politics, according to the constitution, yet he’s always taking days away from the treasurer’s job to politic at “capital for a day” events throughout the state, and attending Tea Party or MHPC events. He isn’t doing his job as treasurer: the deputy treasurer is doing all of the work. Why is he being paid?
And his initial conflict of interest form — the one he said he didn’t understand — take a look. He says he didn’t earn any income. Then how come he didn’t check the “no” boxes? He filled the form in haste, which shows a total disrespect for the process. http://www.maine.gov/ethics/pdf/poliquin.pdf
Two slaps — one from the AG and one from the ethics commission — do not equal a clap. Poliquin does not deserve applause. Let’s hope the courts agree.
Just what Maine needs right now a distraction from what LePage and his cronies are trying to do to education in Maine! No wonder Senator Snowe is quiting. Even she can’t stomach what the GOP has turned into. A bunch of sanctimonious Jackals!
If every politician was deeply investigated..I bet there would be wrong doing on every one of them…he got caught!