This story, while not about universities or research (the focus of this blog), is an interesting example of how systemic problems in governance can undermine the transparent conduct of judicial or public proceedings, and thus, public trust. In this case, the issue is about an state environmental review panel in Arkansas, rejecting calls to disclose interests of panel members with regards to their evaluation of coal power plants: Ruling denies call for panel to disclose conflicts.
Opponents of the plant claim to have information that one of the commission members has ties to two companies working on the project, but
administrative hearing officer Michael O’Malley of the Arkansas Pollution Control and Ecology Commission found “no authority” that legally compels him or commission members to answer any of the requests made by opponents of the plant.
Here’s a situation where badly written guidelines and legislation create a loophole for a regulator with an apparent COI, to avoid anything resembling public disclosure.
Concerning conflicts of interest, O’Malley acknowledged state ethics code 21-8-1001, which states that “no member of a state board or commission … shall participate in, vote on, influence, or attempt to influence an official decision” in matters in which members have a monetary interest.
He also noted an exception to the code – one that opponents failed to mention.
It states that commissioners can influence and vote on official decisions, so long as the monetary interest “is incidental to his or her position” or comes to “no greater extent” than it would for other members of their profession, occupation or overall group.
In addition, O’Malley stated that he found “no language” within 21-8-1001 or the Arkansas Code of Judicial Conduct that requires commissioners to answer plant opponents’ questions.
Thanks to Chris MacDonald for bringing my attention to this story.