House Rebuffs Lynch, Democrats on Ethics Bill

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By Josh Rogers on Thursday, January 5, 2006.
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The New Hampshire house has adopted a sweeping plan to deal with executive branch ethics. The plan was championed by Republicans and passed on a partisan vote. Enacting an executive branch code of ethics has been top priority of Governor Lynch, but he says he'll veto the measure if it reaches his desk in its current form.

Hopes of reaching consensus on the package were apparently dashed before the first speaker even took the floor….Even so, House Election Law Chairman Mike Whalley kicked off the debate with a fulsome call for harmony.

"This is a new time for us.This is a beginning, this is a platform, a foundation. Someone who feels that we haven’t covered every point has the opportunity to amend this law. The law is alive."

Not so alive, however, that the GOP majority would brook any changes to the measure after it hit the floor…..Noting the 55 hours of hearings and work-sessions that that went into the bill, The election law committee's ranking Democrat, Portsmouth Representative Jim Splaine, said there was no disagreement on 80 percent of the package, but said that was no reason no to take the time to revisit the remaining sticking points.

"This is some of the most extensive and expansive and important ethics reform that we've probably ever had in the 30 years I've been observing the process……I see a problem, however, passing this floor amendment when we have other opportunities."

Among other things, the democrats worry that the measure allows for one political party to dominate the commission's membership……Another key point of friction, is over government volunteers……As passed, the bill would prohibit anyone from volunteering in any executive branch role not subject to the right to know law, if they are affliated with any entity that employs lobbyists………Governor Lynch has said the prohibition is so sweeping it would prohibit many who don't meet any conventional definition of a lobbyist from state service……. But Mount Vernon Republican William O'Brien charged that Lynch's concerns were of a far more personal nature.

"Are we going to allow representatives of lobbying firms set policy and work in the governors office….We in the election law committee have said no to that -- that's what the struggle has been here."

From there the debate turned increasingly bitter…….Concord Democrat John Dejoie said he came to vote for an ethics bill, but didn't see one in the republican package……He added that the GOP was in no position to claim the high moral ground.

"I have in front of me a list of people -- I think it's just coincidence they all happen to be republican. People who have been convicted or charged or being tried on ethics violations…."

Those words inflamed Republicans -- and several dozen had to be restrained from stalking out of the chamber. hall…..Shortly afterward,…..Representative Whalley again took to the floor……This time he didn't mention the spirit of reform sweeping through Concord.

"I know we've had this side of the hall's support today and I know from talking to those on the other side of the room….Who have been hones with me on the other side of the door of the hall….who wised to vote for who wished the governor could release them and let them vote their conscience……because that is exactly what is happening."

The bill was voted through on a party line vote minutes later……It now goes to the senate which can decide to negotiate changes, send it on to governor lynch or vote it down…….House Republican leaders says they will entertain changes supported by Senators and expect the Governor to be part of the negotiations…..House Democratic leaders, meanwhile, said they fear a continued impasse, and believe the measure could have been easily fixed.

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