Legislative ethics in hands of public

Spectrum, by Larry Wood

Ethics: Of or relating to moral action, conduct, or motive or character … Professionally right or befitting; conforming to professional standards of conduct." (Black's Law Dictionary Fifth Edition, p496)

Two years ago, the editor of this paper, strongly questioned the propriety and ethics of Rep. Scott Ogan's association with a company by the name of Evergreen Resources of Colorado. This concern was expressed on the basis of Mr. Ogan's legislative oversight of Evergreen's proposed development of the coal-bed methane potential in the Mat-Su Borough. Ogan had previously authored legislation regarding incentives for this type of activity and was then co-chair of the Oil and Gas Committee. Myself and others, through Spectrum editorials and letters to the editor, joined in.

A major concern expressed at the time was Ogan's overt use of his office in support of Evergreen.

Then Rep. Ogan, acting as a paid consultant to Evergreen, lobbied the Mat-Su Borough Assembly on Evergreen's behalf -- something that I personally saw as a very serious breach of ethics. After all, how could the members of the borough assembly overlook Ogan's position as a legislator when Ogan voted on the borough's state funding requests?

In speaking with the lead counsel for the Colorado Legislature at the time, Charles Brown, I was told that no Colorado legislator would compromise himself in such an obvious breach of ethics, that the individual would have removed himself from any committee exercising oversight on the company's activities and abstained from any floor votes regarding those issues in order to avoid any appearance of a conflict of interest. Ogan apparently had no such qualms then, and still believes that he is not being unethical in his prior relationship with Evergreen.

The response on Mr. Ogan's part at the time was typical of Scott Ogan. In his letter to the editor, the Frontiersman was accused of "attacking" him, and the rest of us who expressed our concerns publicly were accused of being agent provocateurs of the democrats and "out to get him." Ogan further expressed that the salary received from Evergreen for his "part-time" consulting job was minor and not worth mentioning, and that his association with Evergreen did not constitute any conflict of interest. At the time, Rep. Ogan failed to disclose that he was receiving $40,000 per year to do Evergreen's bidding.

So much for public honesty and integrity on the part of Scott Ogan.

It is evident that Ogan did Evergreen's bidding well. Evergreen pays $1 per acre per year rather than the $2 per acre that mining leaseholders are required to pay. Evergreen seemingly can move in on property where the surface rights are owned by another through a blanket bond process that was not available to my company when faced with a hostile owner of surface rights.

Yes, I am in favor of developing our coal-bed methane resources. However, I recognize as being outrageous the manner in which Evergreen has purposefully over staked well beyond the boundaries of any legitimate gas pockets associated with the Valley's coal deposition.

On the Mike Pecaro Radio Show on Jan. 27, Sen. Scott Ogan stated that there "is no coal under Lazy Mountain." Yet, the mineral rights to my property on Lazy Mountain have been leased by Evergreen without my knowledge. I think that a knock on the door or a letter in the mail would have been appropriate as a matter of a good public relations policy on the part of Evergreen.

Unfortunately, Evergreen followed Ogan's example of voluntary disclosure and decided to ignore the citizens of this Valley. The over staking went unannounced as did the extent of Evergreen's largess regarding circumventing a property owner's surface rights.

Do we as citizens possess the moral confidence to hold Scott Ogan accountable for his breach of ethics? Do we, the electorate, have the courage to show our elected officials that we will demand more than excuses or the lowest common denominator in conduct from our elected officials?

If the effort to recall Sen. Scott Ogan fails, then the lesson will be lost on the rest of the legislators, and any constraints implied by the concept of ethics will be judged with respect to Ogan's example. Ogan's first duty was to his electorate -- not Evergreen. Scott Ogan will either be an example to be considered or to be followed.

The choice is yours.

Larry Wood is a Palmer resident.