A few weeks ago, it was reported that the Executive Branch Ethics Commission was investigating former Attorney General Daniel Cameron. Mr. Cameron referred to the Commission as “Governor Beshear’s Commission” and there may be some validity to his comments.
This report on an investigation of former AG Daniel Cameron by the Executive Branch Ethics Commission is disturbing on a couple of levels but perhaps not for what you think.
First, when there is an investigation by the Commission, there is not supposed to be any release of information until the investigation is completed. This is to avoid someone filing a complaint and then using the fact a complaint is filed for political fodder regardless of the merit of the allegation.
Secondly, it could be argued that this specific commission was not properly constituted and thereby any ruling they make could be rendered invalid. This point is less about the members of the Commission and more about our current Governor’s actions in preventing a properly constituted commission.
What do I mean?
No, this comment is not one of my “Dad Jokes,” but an actual situation Kentucky currently faces. You see in 2022, the KY General Assembly passed HB 334 which restructured the Executive Branch Ethics Commission. It increased the Commission Members to seven and allowed for two to be appointed by the Governor and each of the remaining Constitution Officers (Attorney General, Auditor of Public Accounts, Secretary of State, Commissioner of Agriculture, and State Treasurer) to appoint one each.
Governor Beshear, as he has done so many other times, sued the KY General Assembly as well as each of the other Constitutional Officers in our official capacity including myself when I was Auditor of Public Accounts. The Kentucky Court of Appeals found the law to be valid and should have been implemented at that time but once again Governor Andy Beshear appealed to the KY Supreme Court working to run out the clock on his term.
So why is any of this important you may ask? Well, the Executive Branch Ethics Commission plays a vital role for the elected Constitutional Officers as well as their appointees. Yes, we see the high-profile investigations, but more importantly they serve as guidance when especially an elected official has questions on whether a potential action will be appropriate.
As a result of the ongoing suit, seeking council from the Commission is less possible for the other Constitutional Officers as how can you consult with a Commission that has been adjudicated (at least to this point) as being improperly formed. In addition, any findings during this time could and should come into question regardless of what you might think about the individuals currently on the Commission.
So it is, as I said, disturbing and all this could have been avoided. But for now, uncertainty remains until arguments are made before the KY Supreme Court and their findings are released.
Until then, a flashy report on an investigation may seem concerning, but if you provide any weight to this issue in how you vote in the 2026 Senate race, then you will be doing a disservice to yourself and to this state.