PORTLAND, Maine — The head of the Maine Ethics Commission on Tuesday said it’s too early to tell whether his office will investigate a complaint filed about a Portland referendum campaign dealing with a zoning ordinance that would give more scrutiny to development in areas determined to offer scenic views.
Jonathan Wayne, executive director of the Maine Ethics Commission, wrote in an email that the complaint was properly filed with local officials, whom he said have not yet contacted the state about the complaint from supporters of Question 2 on the Portland ballot.
Jessica Grondin, spokeswoman for the city, confirmed late Monday that the city had received the complaint and was not sure whether it would prompt an investigation.
The Yes on 2 campaign, which supports creating a new 13-member board to identify areas offering scenic views and then require greater scrutiny for development in those areas, issued notice of the complaint one hour before the opposition campaign held a press conference with waterfront businesses Monday. The “yes” group goes by the name Save the Soul of Portland.
Referendum opponents have touted a broad coalition of support, from business owners who say it’s an unnecessary hindrance on the city’s development to affordable housing advocates who say the new restrictions could stand in the way of more residential construction.
Save the Soul of Portland on Tuesday held a news conference with area businesses and artists supporting the referendum, including rug and furniture designer Angela Adams, filmmaker Cecily Pingree, the owners of Standard Bakery, Dale Rand Printing and others.
Monday’s complaint from Soul of Portland centered on an issue of Old Port Magazine that featured editorial content advocating a “no” vote and a back-page advertisement by the No on 2 group called Portland’s Future.
The magazine’s publisher said they consulted their attorney and the state ethics commission before publication and “went above and beyond” by registering as a ballot question committee and disclosing the funds raised to boost distribution of the issue.
Wayne, head of the ethics commission, noted that state law includes a broad reporting exemption for news stories, commentaries or editorials that are broadcast on television or published in newspapers or periodicals, unless the publications are owned or controlled by a political party, political committee, political candidate or spouse of a political candidate.
The Yes on 2 group said they would hold a press conference Tuesday afternoon in Congress Square Park, the site of a land-use battle over the process for selling public land. Challengers of the city council’s decision to sell the property prevailed in a referendum vote last year.