Ogan recall effort moves into semantics phase

Frontiersman editorial board

With the final petitions filed with the Alaska Division of Elections, it's possible the recall of Sen. Scott Ogan could appear on the November general-election ballot. Ogan says not so fast, however. The senator's supporters have filed a request for a temporary restraining order and preliminary injunction that could keep the decision out of voters' hands.

The recent filings on Ogan's behalf were set up with a preliminary complaint filed in May, when the first set of signatures was filed.

The recall claims unethical behavior on Ogan's part, stemming from his relationship with Evergreen Resources Inc. while he served in the Senate and was chair of the Senate Resources Committee. Members of the recall committee contend that Ogan's work on behalf of coal-bed methane development, while collecting $40,000 in consulting fees from Evergreen in one year, was in conflict with his responsibilities to his constituents.

In an affidavit filed with the injunction request, the senator says that all of his behavior was within Senate ethical guidelines. He also states, "I was not an employee of Evergreen Resources ('Evergreen'). Rather, I had a contract as a paid consultant with Evergreen at times when the legislature was not in session."

It seems like splitting hairs, really. The charge of conflict has been levied because Ogan was collecting money from Evergreen while also legislating on Evergreen's behalf. Whether he was an employee or a subcontractor is a matter of semantics.

Ogan also claims in the affidavit that two people who are active in the recall effort attempted to bribe him by promising that the recall would go away if Ogan introduced legislation on the Citizen's Bill of Rights.

The critical facts here are that Ogan's actions were in conflict with the best interests of some of his constituents, and he was paid by an Outside company while working on legislation that pertained to that company. Many Alaska legislators have long escaped the consequences of conflict by hiding behind the loose rules of a "citizen legislature."

Whether the recall makes it on the ballot or not, it's time for Alaskans to demand more from our legislature -- more accountability, more ethical behavior and more honesty. The problems that caused this recall will surface again unless our legislature becomes a body for citizens as well as a body of citizens.