Bright line … what line?

A Spectrum, by Larry Wood

The recent disclosure in the Jan. 1 edition of the Frontiersman of Mr. Ogan's employment as a "consultant" for Evergreen Resources Corporation of Colorado was extremely disturbing. The Frontiersman's excellent Jan. 5 editorial was even more illuminating.

While researching the legality of Ogan's actions, I spoke with Mr. Charles Brown, director of Legislative Counsel of the Colorado Assembly, regarding Evergreen's ability to hire Colorado legislators as consultants. Brown stated that there is no law barring such a relationship but that the legislator would be careful to ensure that there not be any conflict of interest. That legislator would not take the job if there was a committee assignment that might cause a conflict of interest.

When I described Ogan's list of committee assignments and the disclosed nature of Ogan's status as a consultant with Evergreen, he expressed the opinion that Ogan's relationship "smelled." Brown agreed with me that there was a definite cause for concern regarding the potential for conflict of interest in Ogan's relationship with Evergreen. Brown was also interested in the degree of influence exercised upon subordinate bodies of government by such a relationship.

In the Jan. 1 article, Ogan stated that he is "… drawing a very bright line between what I do with the Legislature and what I do with Evergreen." There is no "bright line" or fine line, or any line, for that matter. The matter-of-fact nature of the disclosure makes one wonder if Ogan even understands the concept of "conflict of interest." Or, how important it is that he keep his public office free of even the inference of taint.

How is Ogan's conduct a conflict of interest? Let me count the ways:

1. chair of the House Oil and Gas Committee;

2. vice-chair of the House Judiciary;

3. member of the House Finance Subcommittee Administration;

4. member of the House Finance Subcommittee Environmental Conservation;

5. member of the House Finance Subcommittee Natural Resources;

6. member of the House Legislative Council;

7. member of the House Majority Caucus;

8. member of the House Joint Committee on Natural Gas Pipelines;

9. member of the House Transportation; and, finally, but not the least of which,

10. representative, Alaska State House.

A consultant is, in effect, and as admitted to by Ogan, a paid lobbyist: " … acting as an advisor for local public relations issues and strategical (sic) matters." And, as the Frontiersman article stated: "And, that gives Ogan more reason to tout Evergreen's positive future."

How is Ogan acting as a lobbyist? On Dec. 18, he was actively lobbying before the elected assembly of our borough -- a subordinate subdivision of state government. What do the assembly members see and hear when Ogan speaks? After all, who takes the assembly's wish list to Juneau for funding?

As a state representative, Ogan's first duty, and only duty, while holding that office is to his constituents, not to an outside corporation, much less his own business of that as cabinet maker. It is paramount to the integrity of his elected office and his own credibility and integrity that he hold such commercial relationships at arm's length, and to avoid any perceived conflicts of interest. During past campaigns, Ogan stated several times that his job as a legislator was "full time." Now, he has time to be a paid consultant, too?

In the recent past, the mere inference of any conflict of interest has served to separate politicians from their elected offices. Remember Jerry Sanders? Then Rep. Jerry Sanders of Eagle River lost his office last election due to a perceived conflict of interest in his use of envelopes and stationery emblazoned with his office as state representative for a mass mailing to his constituents during an election year.

Sanders did not peddle the influence of his office to a foreign domiciled corporation, he merely wrote a letter to his constituents.

Ogan's conduct is an insult to his constituents. He put his personal gain over his elected office. An elected office that he has characterized in each and every re-election as "the best job" he has ever had; that made him very "proud" to "serve." One would think the $56,520 to $60,000 plus Ogan has received in salary and per diem each year as a representative would be enough while he occupies elected office. (2000 session report date: Dec. 31, 2000 -- $24,012 base salary plus $3,510 long-term per diem plus $18,998 session per diem.)

There may not be any definable breach of the law in Ogan's conduct, but the bottom line is this: if Scott Ogan gets by with this, legislators will be able to openly hire themselves out to the highest paying employer, and the illusion of "we the people" having a voice in Juneau, or wherever, will be shattered forever.

I believe Scott Ogan should make a full and complete public disclosure of his contractual arrangement with Evergreen, including compensation.

Larry Wood is a Valley resident and member of the Alaskan Independence Party. In 2000, he unsuccessfully ran against Rep. Scott Ogan.