Jon Reisman

Nine months ago, I issued a series of Freedom of Access Act (FOAA) requests that revealed that there was no definition of “equity” in the 2024 Climate Action Plan despite a major emphasis on equity and the development of numerous equity metrics. Promoting an undefined policy goal and developing metrics for that undefined goal is pure policy malpractice. “Equity” is promoted across Maine State Government and the University System, but no definition exists except for the following from the Department of Health and Human Services: “Equity – when barriers are identified and removed to ensure fair treatment, equality of opportunity, and fairness in access to information and resources for all.” 

The Governor’s Office of Policy Innovation and the Future, the Department of Environmental Protection, the Public Utilities Commission, the Attorney General, and the University of Maine System all promote equity, but none of them has a definition.

Here is the response from the Governor’s Deputy Legal Counsel:

From: Feeley, Timothy J <[email protected]>

Date: Mon, Jan 13, 2025, at 3:59 PM

Subject: RE: FOAA request for Definition of Equity and associated metrics

To: Jonathan Reisman <[email protected]>

Hello Mr. Reisman:

This message is to respond to your FOAA request of January 7 submitted to the Governor’s Office of Policy Innovation and the Future. The 2024 Climate Action Plan does not include a definition of “equity.” References to associated assessment metrics can be found in the Climate Council’s enabling statute, 38 M.R.S. § 577-A(8)(E), and in the reports incorporated into the plan, which are available on the Climate Council’s webpage.

Thank you,

Tim Feeley

Deputy Legal Counsel

Office of the Governor

I recently wrote a paper on the adverse disparate impact the climate, energy, and (undefined) equity policies of Governor Mills (likely running for U.S. Senate), Hannah Pingree (running for Governor), and the Democratic Party (running to impose socialism and green austerity) were having on rural Maine and the 2nd Congressional District and how GOP House Leader Billy Bob Faulkingham (R-Winter Harbor, likely running for the Washington County Senate seat with Marianne Moore being termed out) had tried to address the problem with several bills the Democrats summarily executed. The paper was written for Maine Policy Review, which is closely connected with the University System and the Maine policy community. The paper was accepted in the early summer, but in August, I received notice that unless significant editorial changes were made, it would not be published. In particular, equity was a “bugbear,” the FOAA response from Deputy Legal Counsel had to be deleted, and the charge of policy malpractice removed. I refused. 

Faulkingham submitted LD 1593 (https://legislature.maine.gov/backend/App/services/getDocument.aspx?docu...), requiring state agencies promoting “equity” to define it — it was defeated on party-line votes. 

There still is no definition of equity across Maine State Government, and little prospect for any change unless the feds and/or the voters intervene. The majority party has made it abundantly clear that they have no intention of defining equity.

The failure to define equity reflects Democratic hubris (we know what it means and don’t need pesky definitions), constitutional concerns (race and sex discrimination is illegal, even for Democrats trying to redress undefined inequities), and political maneuvering as the Trump administration attacks Diversity, Equity, and Inclusion (DEI) initiatives. Universities across the country have been taking down or modifying their DEI web pages — UMS has replaced DEI with “Belonging and Inclusion,” probably hoping they won’t have to define or defend an unpopular and likely unconstitutional definition of equity. What makes it even worse is that without a definition of equity, the adversely impacted 2nd Congressional District has no defined path to addressing the inequities our climate and energy policies have produced. Censoring my paper is part of that strategy. 

I believe the adverse disparate impact of climate, energy, and equity policy malpractice on rural Maine and the 2nd CD detailed in the paper should be an important part of the elections for Governor, U.S. Senate and House, and the Maine legislature, and the Democrats will do whatever they can to prevent that. They may find that gagging a retired, widowed curmudgeon is harder than they thought. 

Jon Reisman is an economist and policy analyst who retired from the University of Maine at Machias after 38 years. He resides on Cathance Lake in Cooper, where he is a Statler and Waldorf intern. Mr. Reisman’s views are his own, and he welcomes comments as letters to the editor here or to him directly via email at [email protected].