Vermont’s acting Commissioner of Public Service David O’Brien still suffers the anguish resulting from a Christmas party several years ago. In attendance at the party was Vermont Yankee VP Jay Thayer whose power plant Commissioner O’Brien regulates.The suggestion of appearance of conflict has been in the news off and on since the holiday party.
This week O’Brien responded in a letter to vt.digger.com and makes a statement that reads as if he wished for a lot less openness in his life and more secrecy during Sunshine Week.
In hindsight I regret being forthcoming about my personal holiday party, I should have answered that it was no one’s business who visits my home. Ever since this matter was first raised I feel as though my personal space has been invaded.
So the take away lesson learned isn’t that he should or could have worked to avoid a potential appearance of conflict of interest but that he should have kept the visit secret from the public. I guess we will never know if he threw a St. Patrick’s Day party?
Governor’s Executive Code of Ethics
Appearance of a conflict of interest" as used below in §§ III (A) (2) and (7) means the impression that a reasonable person might have, after full disclosure of the facts, that an Appointee's judgment might be significantly influenced by outside interests, even though there is no actual conflict of interest.
It is not O’Brian’s privilege to determine whether or not his relationship with Thayer has the “appearance of a conflict of interest.” That privilege belongs to all of the “reasonable” taxpayers of Vermont. He acts as if he was doing us a favor by being forthcoming about his social engagement with Thayer.
This isn’t surprising. When the Governor took office, he added the language which essentially weakened the entire code:
Can you believe that got through the radar??!!!