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It’s been more than a month now since Rep. David Burns, who represents Maine House District 138, was found guilty of violating campaign finance laws by the Maine Commission on Governmental Ethics and Election Practices. It took this Republican representative until this past Tuesday to resign from his seat on the Alfred Board of Selectmen ”“ and we believe it’s high time for him to relinquish his House seat, too.

At a time when people are becoming more open and organized about their opposition to the influence of money in government, conflicts of interest and ethical failures, we do not need more legislators whom we cannot trust ”“ whether in our state or at the federal level.

The Ethics Commission found Burns guilty of many violations between March and November 2011: Illegally mingling Clean Elections funds with personal funds; making false statements; using funds not related to his campaign; substantially mis-reporting expenditures; and using Clean Elections funds to pay for goods received prior to his certification as a Clean Elections candidate.

The ethics commission ordered Burns to repay $2,285 in restitution, but he’s also facing the possibility of criminal prosecution by the attorney general’s office for breaking the law.

If it comes to that level, Burns will of course have a chance to defend himself, but even if he is innocent of malicious intent with the campaign funds, the very appearance of impropriety should be enough to convince him to have the decency to resign from not only the board of selectmen but also the Legislature.

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This is a very serious matter. It’s not an issue of some personal indiscretion or negligence, but of outright misuse and abuse of the Clean Elections system.

When notified his campaign was being audited by the ethics commission, Burns provided receipts from three vendors he later acknowledged had been fabricated by someone in his campaign. A few days before the hearing, a man whom Burns said had been paid $475 to paint campaign signs told the ethics commission he never painted them, wasn’t paid any money and did not author a letter purportedly written by him that Burns had submitted.

Burns’ actions threaten not only his own credibility but also that of the entire Clean Elections program itself, which has helped several Mainers get into politics without depending on outside money. Thankfully, such misconduct is quite rare, with only four candidates in the past 11 years referred to the attorney general’s office for misuse of funds or falsifying records, according to the ethics commission.

Though Burns has declined to speak to the press, his comments to Alfred selectmen Tuesday show that he does not seem to be taking this issue as seriously as it warrants.

“Sometimes things happen unintentionally that look intentional,” he told selectmen via speakerphone. Such a comment makes it seem as though Burns is not choosing to take responsibility for his actions. When you’re dealing with public money, all of your actions must be deliberate, intentional and well-documented.

We’re glad he has finally decided to abdicate his position as selectman, but the decision to make the resignation effective in March is also questionable. Do Alfred residents truly want Burns representing them in town matters well into this spring despite the ethics commission findings?

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It would cost money to have a Special Town Meeting to replace Burns before the annual Town Meeting in late March, of course, but nearby Lyman is doing just that next month after one of their three selectmen was recalled in November. In the meantime, the town will have been operating with two selectmen for nearly three months.

It seems to us, just as a matter of principle, that Burns’ resignation should be effective immediately. If Lyman can handle having two selectmen for three months, surely Alfred could also get by with a little more than two.

Either way, it will not be long before Alfred voters have a chance to elect a new selectman to represent them.

All of the voters in District 138 ”“ Alfred, Limerick, Newfield and Shapleigh ”“ should have that same opportunity.

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Today’s editorial was written by Managing Editor Kristen Schulze Muszynski on behalf of the Journal Tribune Editorial Board. Questions? Comments? Contact Kristen by calling 282-1535, Ext. 322, or via email at kristenm@journaltribune.com.



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