Margaret O’Neill Bldg
Suite 3
410 Federal St.
Dover, DE 19901
Ph(302)739-2399
FX(302)739-2398

Being observant of the law, I have several questions I wish to ask of you relating to Senator Harris McDowell and the report coming out of his committee that slams Bluewater Wind.

I know that you are besieged by citizen’s requests at this time because of the recent turn of events, but would like to hear back from you on these matters.

My questions will pertain to, as following this brief background of your statement of policy.

The General Assembly finds and declares:

(l) In our democratic form of government, the conduct of officers and employees of the State must hold the respect and confidence of the people. They must, therefore, avoid conduct which is in violation of their public trust or which creates a justifiable impression among the public that such trust is being violated.

(2) To ensure propriety and to preserve public confidence, officers and employees of the State must have the benefit of specific standards to guide their conduct and of some disciplinary mechanisms to guarantee uniform maintenance of those standards. Some standards of this type are so vital to government that violation thereof should subject the violator to criminal penalties.

Thank you for your indulgence. First question is this.

If:

(1) No state employee, state officer or honorary state official may participate on behalf of the State in the review or disposition of any matter pending before the State in which he has a personal or private interest, provided, that upon request from any person with official responsibility with respect to the matter, any such person who has such a personal or private interest may nevertheless respond to questions concerning any such matter. A personal or private interest in a matter is an interest which tends to impair a person’s independence of judgment in the performance of his duties with respect to that matter……

Then how is the conduct of Harris McDowell while chairing the Senate Energy and Transit Committee hearing on Bluewater Wind, not a violation of the principals listed above?

Question 2:

If:

(2) A person has an interest which tends to impair his independence of judgment in the performance of his duties with respect to any matter when:

a. Any action or inaction with respect to the matter would result in a financial benefit or detriment to accrue to the person or a close relative to a greater extent than such benefit or detriment would accrue to others who are members of the same class or group of persons; or

b. The person or a close relative has a financial interest in a private enterprise which enterprise or interest would be affected by any action or inaction on a matter to a lesser or greater extent than like enterprises or other interests in the same enterprise.

Then how is the conduct of Harris McDowell while chairing the Senate Energy and Transit Committee hearing on Bluewater Wind, not a violation of the principals listed above?

Question 3:

If:

(1) No state employee, state officer or honorary state official may represent or otherwise assist any private enterprise with respect to any matter before the state agency with which the employee, officer or official is associated by employment or appointment.

(2) No state officer may represent or otherwise assist any private enterprise with respect to any matter before the State.

Then:

Despite the understanding that members of the General Assembly are not included in either the definition of either state officer or state employee..……How does the actions of State Senator Harris McDowell, who presided over what two very respected Senators publicly called a one-sided hearing, and witnesses have publicly acknowledged that openness was not tolerated in trying to find the one best solution to Delaware’s energy challenge….

How do these actions not heinously violate the principals stated above?

Question 4:

If:

No person who has served as a state employee, state officer or honorary state official shall represent or otherwise assist any private enterprise on any matter involving the State, for a period of 2 years after termination of his employment or appointed status with the State, if he gave an opinion, conducted an investigation or otherwise was directly and materially responsible for such matter in the course of his official duties as a state employee, officer or official.

Then:

How can Senator McDowell’s brazen attempt to pummel Delmarva’s interests over those of 90% of Delawareans, and not allowing any input from those same 90% of Delawareans, be considered as anything but “representing or otherwise assisting any private enterprise on any matter involving the State”?

Question 5:

If:

(1) Any person who knowingly or willfully violates any provision of this section shall be guilty of a misdemeanor, punishable for each such violation by imprisonment of not more than one year and by a fine not to exceed $l0,000.

Then:

How is it that Harris McDowell and others guilty of collusion are exempt from this clause in the law?

Question 6:

If:

(3) The Superior Court shall have exclusive jurisdiction over prosecution for all criminal violations of this section.

Then:

Can any citizen or citizen’s group including, but not limited to the ACLU, Common Cause, Citizens of a Better Sussex County, The Audubon Society of Delaware, The Green Party of Delaware, The Sierra Club, or any other; file claim in the Superior Court of Delaware to determine by legal means whether or not, the Public Integrity Law of Delaware was not-adhered-to in this case?

Question 7:

If:

No state employee, state officer or honorary state official shall accept other employment, any compensation, gift, payment of expenses or any other thing of monetary value under circumstances in which such acceptance may result in any of the following:

(1) Impairment of independence of judgment in the exercise of official duties;

(2) An undertaking to give preferential treatment to any person;

(3) The making of a governmental decision outside official channels; or

(4) Any adverse effect on the confidence of the public in the integrity of the government of the State.

Then:

How is a group of substantial campaign contributions coming from one such interest, under the appearance of a questionable quid pro quo, not a violation of the Public Integrity Law?

Question 8:

IF:

(c) No state employee, state officer, or honorary state official shall acquire a financial interest in any private enterprise which he has reason to believe may be directly involved in decisions to be made by him in an official capacity on behalf of the State.

Then:

How does passage by the Senate of SB228, which could benefit one Senator Harris McDowell, who as head of a Green Energy Consulting Business, which is a “for profit” entity which can now be in charge of and oversee the dispensing of over $100,000, 000 of Renewable Energy Credits, not a direct benefit to one Harris McDowell and those members of his committee which he chooses to appoint to his board of directors?

Question 9:

If:

(1) “Lobbyist” means any individual who acts to promote, advocate, influence or oppose any matter pending before the General Assembly by direct communication with the General Assembly or any matter pending before a state agency by direct communication with that state agency, and who in connection therewith either:

And (2):

(a) Every lobbyist shall register with the Commission in a lobbyist docket and file, at that time, the authorization from his employer as required by § 5833 of this title. A person who qualifies as a lobbyist in accordance with § 5831(a)(1)a. or b. of this shall register prior to performing any acts as a lobbyist. A person who qualifies as a lobbyist in accordance with § 5931(a)(1)c. of this title must register within 5 days after so qualifying, if not already registered as a lobbyist.

Then:

Why was Randall Speck, who represented unequivocally McDowell’s one-sided view, allowed to cross examine state employees on video tape which was not legally cleared by any other state agency, and not allowing any such cross examination by other registered lobbyist or registered attorney friendly to the interests of those state employees being cross examined also on that same video tape, allowed to do so without signing up with the Public Integrity Office as a lobbyist, which according to law, must be done if he is to collude or is to be involved with any part or portion of the Senate Committee of Energy and Transit’s hearings or events?
I'm Looking, but I See No Speck Here....

I reserve to further more questions in the future.

Although some affected by your investigation may impute that I have self interests in finding these answers, I would rather deflect all queries to your judgment as to whether, or not, the very integrity of the Public Integrity Office will be at stake, if these actions are allowed to go unchallenged.

At the behest of good government, I look forward to your reply.

You may answer here, in a public forum, if you wish………..

Sincerely:

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