Blunt needs to enforce law not examine it

In a story from Prime Buzz, Governor Matt Blunt has indicated he agrees with the decision by Jeff Davis to remove himself from the case involving the sale of Aquila. Blunt stated:

• Chairman Davis had only one option: to recuse himself from this case. The accusations of contact between him and utility executives raise very serious questions about whether this issue is being decided fairly and impartially. Missourians deserve total trust in the members of the commission and I am calling on the PSC to immediately examine their policies on conflicts of interest including inappropriate contact with executives in cases before the commission.

Rather than call on the PSC to "examine their policies on conflict of interest" why doesn't the Governor simply enforce the ones which already exist. Here are a few to start with:

• Executive branch employees shall conduct
  the business of state government in a manner
  which inspires public confidence and trust.
• Employees shall avoid any interest or
  activity which improperly influences, or
  gives the appearance of improperly influencing,
  the conduct of their official duties.
• This code is not intended to fully prescribe
  the proper conduct of employees and
  the failure to prohibit an employee action in
  this code does not constitute approval of the
  action.
• It is improper for any person interested in
  a case before the commission to attempt to
  sway the judgment of the commission by
  undertaking, directly or indirectly, outside
  the hearing process to bring pressure or influence
  to bear upon the commission, its staff or
  the presiding officer assigned to the proceeding.
• Requests for expeditious treatment of matters
  pending with the commission are improper except when filed with the secretary
  and copies served upon all other parties.
• No member of the commission, presiding
  officer or employee of the commission shall
  invite or knowingly entertain any prohibited
  ex parte communication, or make any such
  communication to any party or counsel or
  agent of a party, or any other person who s/he
  has reason to know may transmit that communication
  to a party or party’s agent.

The email sent by Richard Green, Aquila’s chief executive officer, to the company’s board stated that Jeff Davis, chairman of the Missouri Public Service Commission, was willing “to move quickly to get the transaction approved.” And that “In a nutshell, Chairman Davis indicated his support for the transaction and wants to get it across the line as quickly as possible.” Davis denies this and claims all he said to Green during a private meeting was that the case would be decided based on the facts presented and that he would not prejudge the matter. Green now contends what he meant was that Davis had offered to pursue the case in a process that would proceed in “a forthright way.”

First, why would Davis need to have a private meeting with Green to tell him he was going to do his job? However, even if we were to believe this story, the private meeting was an ex parte communication which is prohibited. In addition, even Green's new story that Davis agreed to pursue the case in a "forthright way" is in violation of the code of conduct which prohibits any requests for expeditious treatment which are not properly filed.

It is time our elected representatives quit "examining" the law instead of enforcing it. However, public officials may want to examine their responsibilities to the citizens they claim to serve before we examine their job performance. That is one examination that will accomplish something.