The Senate is being called in for a confirmation session on Sept. 11 to approve the fifth member of the ethics commission – a move that will clear the way for independent Rep. John Michael to appeal his denied request for $1.2 million in public funding to finance his bid for governor.

Gov. John Baldacci’s nomination of Michael Friedman, a Bangor attorney not enrolled in any political party, to serve on the Commission on Governmental Ethics and Election Practices is the only thing on the Senate’s agenda so far.

And while that short order of business will cost taxpayers $6,400, to pay senators a $100 stipend plus mileage, that’s nothing compared to the price tag of the decision the full ethics commission will make once Friedman is approved, as expected.

Ultimately at stake is the $1.2 million in Clean Elections funding Michael hopes a full complement of the commission will award him.

Michael, an outspoken former legislator and independent from Auburn, was supposed to have his appeal heard on Aug. 1, contesting the decision to deny him funding under the Clean Elections Act.

He asked then that the hearing be continued to allow the appointment of an independent, fifth member to the board, saying he would not get a fair review with the current makeup of two Democrats and two Republicans. The ethics commission has been acting with just four members for more than a year, and under law, the fifth member has to be either an independent or a Green.

The commission voted to allow his request. If the Senate votes as expected and confirms Friedman, the five-member commission will meet within three weeks of the Sept. 11 appointment to hear Michael’s case.

Michael, whose name already is on the ballot, could not be reached for comment Monday. He has said earlier that he’s willing to wait for the decision if it means a chance at getting campaign financing.

On June 30, the ethics commission staff told Michael that “at most” he had 1,944 of the needed 2,500, $5 checks from registered voters to make him eligible for public financing. The largest chunk was rejected because Michael was late submitting the checks and forms after they had been verified by town clerks, or could not prove he had handed the forms in within the required time.

The commission staff also alleged that some money orders apparently were not paid for with individual contributions, as is required, “which suggests a pattern of fraud.”

Michael is a controversial figure who ran for governor as an independent in 2002, and got 2 percent of the vote. As a state representative, he was censored by the House for using abusive language with two women senators.

There currently are three candidates running for governor, who were deemed eligible for the up to $1.2 million a piece in Clean Elections funds to run their campaigns. They are Republican Sen. Chandler Woodcock, Pat LaMarche of the Green Party and independent state Rep. Barbara Merrill.

They will face Democratic Gov. John Baldacci, who is running a privately financed campaign. Two other independents, David John Jones of Falmouth and Phillip Morris NaPier of Windham, also will appear on the ballot.