Comments on: SEU Oversight Board Authority Expired

By: john kowalko

john kowalko — Sat, 10 May 2008 03:14:12 +0000

You witnessed those events and duly noted all involved SEU parties lack of substantive response I presume?? I believe you have my number. If you wish to replicate my comments to a post feel free to do so. I’ve decided that I shouldn’t condone behavior by silence.

By: liberalgeek

liberalgeek — Sat, 10 May 2008 02:41:11 +0000

John – I appreciate your insight. The more I look back on that meeting the more frustrated I feel. I need to dig into the whole RGGI issue and follow the money, power and influence.

Perhaps I’ll give you a call and you can start me down the right path.

By: john kowalko

john kowalko — Sat, 10 May 2008 02:35:16 +0000

At the recent SEU oversight board meeting that I attended as a citizen I raised objections to the process and was asked, publicly, while there was still a quorum, by Senator McDowell for some specific points of objection. I responded that one would be “I cannot accept that the incestuous nature of the board selecting its successor board was what was intended by SB 18″ (the original SEU bill). Neither Senators McDowell or Copeland or Dr. Byrnes or any other board members responded to my concern except Senator McDowell who asked what I would suggest. I responded that I would prefer a commission sorting through nominees who would in turn send finalists names to the Governor who would in turn choose from that list and send those recommendations to the full Senate for confirmation. Not perfect but certainly some insulation and independence in the equation. I was told by Sen McDowell that my suggestion would be duly noted and did I have any other concerns. I responded in the affirmative and said there were myriad problems with the accountability and my previously expressed opinion (more than a few weeks ago) to Sen. Mcdowell’s staffer that I wasn’t comfortable with Legislators sitting on this board and that it was in danger of becoming a DSWA or DRBA. No one in that room voiced agreement with me and one of the Senators (Copeland I believe) said something (I must paraphrase here not having taken notes) that legislators sitting on these types of boards was quite common and would I remove them from non-profits and other boards. I responded that if the board were involved with little or no oversight in their selection of members to handle, directly or indirectly monies that I have do have a problem. Sen. McDowell than reminded me that I co-sponsored the original SB18 and spoke very “passionately” on the floor for its passage with utmost urgency. I did indeed but never imagined we would be force fed a self-perpetuating board that could result in a newly formed nepotistic entity nor that the SEU portrayed as a self-reliant and independent fiscally sound vehicle would be trying to access multi-millions in Regional Greenhouse Gas Initiative monies derived from Carbon Credit auctions. The report from the RGGI work-group consisting of overlapping SEU and RGGI group members (Copeland, McDowell, Thornburg and Byrnes) issued a report suggesting that 80% of the funds be given to the SEU despite the fact that the “bill of goods” I was sold guaranteed SEU financial independence and solvency without additional funds that could be escrowed, (as I suggested in my testimony to the RGGI worgroup) for a year until we sorted out consistency, value, and sustainability of funds with no harm to anyone.
John Kowalko

By: Dana Garrett

Dana Garrett — Sat, 10 May 2008 00:23:09 +0000

Great work, LG. Tyler, fantastic analysis of the ramifications of the illegality of the board.
________________
McDowell is a total scoundrel. He actually KNEW that the group was meeting illegally and went full steam ahead as if no one would notice. And he was trying, it seems, to feather his nest visa an illegal entity.

What a scumbag. He should be removed from office.

By: liz allen

liz allen — Fri, 09 May 2008 23:33:20 +0000

Here is another question for Mr. Copeland. Who else attended your little meeting a year ago at the Charcoal Pit? The topic of discussion, what to do about violence in Wilmington. Was Tommie Little in attendance? Whose idea was it to have a “homeland charter school”, Mr. Copeland? Somebody has some splaining to do on this below the radar story.

By: Shirley

Shirley — Fri, 09 May 2008 21:30:22 +0000

AWESOME scooping, liberalgeek. This is what blogging is about.

I am against the forced implementation of the PPA between Bluewater and Delmarva. It’s a totally bad idea. Not because wind power is bad; because the agreement is bad. The status of SEU for non-compliance may or may not have an effect.

I noticed in SEU minutes that they touched on the issue of naming of the members, etc., in order to comply, but apparently nothing was ever finalized.

I have also experienced, in my weary association with state government (PA) that such legislatively-imposed deadlines are treated with a wink-and-a-nod. Nobody ever expects anyone to meet the deadline, and they are rarely enforced with any real strength. It is “business as usual”. I am wondering if this issue may flounder the same way. I am not saying this is how it should be; just saying this is what I have seen.

Great job on calling legislators out to adhere to their own rules.

By: g allen

g allen — Fri, 09 May 2008 21:06:55 +0000

If the SEU Oversight Board is a public board, with its members exercising sovereign power, then its members are State “officers.” If so, there is a substantial argument that under Article 15, section 5 of the Delaware Constitution the present Oversight Board members “hold-over” after January 31, 2008 until such time as their successors are appointed. That constitutional provision applies to both statutory and constutional officers. The only counter would be that the January 31 deadline was meant as the expiration date for the Board as an entity and not just the end of the terms of the initial members. However, it is hard to read the SEU statutory text this latter way. Perhaps Mr. Nixon could offer his own view on whether the constitutional presciption for “holding over” in Article 15 applies in this situtation.

Of course, the much, much bigger problem is that the Ineligibility and Incompatibility Clauses of Article 2, section 14 of the State Constitution preclude any present legislator from sitting as an officer or member on any “public” SEU Oversight Board in order to assist in the execution of the SEU statute.

By: FSP

FSP — Fri, 09 May 2008 21:00:10 +0000

Absolutely, if a law has been broken.

By: annon2

annon2 — Fri, 09 May 2008 20:59:20 +0000

I wonder what types of criminal charges could be brought. Sounds like Senator Copeland has all the sudden realized this could be problematic running for governor – I mean Lt. Governor – being part of an illegal group trying to kill the wind farm and set up a huge, multi-million dollar enterprise and make lots of money for themselves with cake jobs. I mean, did he just realize this “enterprise” had expired? What planet is the guy on? And being against the wind farm should do Mr. Copeland wonders in his race for the governor’s mansion. Maybe he could talk about creating jobs for the state in his campaign, or skyrocketing energy prices, a clean environment, national security, health care costs. LOL.

By: Patricia Gearity

Patricia Gearity — Fri, 09 May 2008 20:17:45 +0000

I wonder if the AG is legally authorized to investigate or prosecute alleged wrongdoing by state legislators.

By: Tyler Nixon

Tyler Nixon — Fri, 09 May 2008 19:51:25 +0000

I’m working on a letter, Rebecca. I hope Beau proves his mettle by taking a serious look at all this, not just the political once-over and done.

By: jason330

jason330 — Fri, 09 May 2008 19:45:24 +0000

Man oh man. Copeland is just a twig borne on the shoulders of a mighty river isn’t he Dave?

He is a milkweed seed that drifted into the window of the SEU meeting and out the door. He is as nearly as light as a dream.

Copeland loves wind power, but not Blue Water Wind Power. He suspects that McDowell is up to no good with the SEU, but votes with McDowell on every SEU question.

He is either more clueless than Forrest Gump or more spineless than an amoeba.

I am begining to think that he is both.

By: Rebecca

Rebecca — Fri, 09 May 2008 19:43:41 +0000

Has anybody here called A.G. Biden?

By: liberalgeek

liberalgeek — Fri, 09 May 2008 18:51:30 +0000

Why, yes Dave, that would be better. Of course one would expect to see him make some motion about how the board is out of order or that the permanent board shouldn’t have legislators on it or something of that nature. He looked to be pretty staunchly defending the board in its current incarnation at the last meeting.

That makes me call B.S.

By: FSP

FSP — Fri, 09 May 2008 18:40:57 +0000

Maybe he just wants to see the SEU work and maybe he wants to make sure McDowell doesn’t do what it looks like he intends to do. Would it be better to achieve that by participating on by not participating?