CITIZENS   FOR  LIMITED  TAXATION
and the
Citizens Economic Research Foundation

Help save yourself -- join CLT today!

CLT introduction  and membership  application

What CLT saves you from the auto excise tax alone
Join CLT online through PayPal immediately

CLT UPDATE
Friday, April 3, 2009

Reform -- really?  A way to go yet


But while the House bill is a big step in the right direction, it lacks two key reforms suggested by Patrick's task force.... And the bill fails to give state law enforcement officials the necessary power to use surveillance wires in corruption probes.

A Boston Globe editorial
Thursday, March 26, 2009
Cut the ethics deficit


In recent statements about a lucrative $175,000 position for Senator Marian Walsh, Governor Deval Patrick characterized critics as harping on a "trivial" matter. The announcement yesterday that the pay would be cut to $120,000 shows that the governor's tuning fork has finally alerted him to public outrage. Still, the appointment is outrageous.

The Boston Globe
Thursday, March 26, 2009
The truth behind the triviality
By Marvin Gordon and Robert J. Ciolek


The hack du jour is Steve Crosby, a career coatholder currently collecting $172,000 a year at the public trough....

I mention Crosby today only because he has just been handed yet another big assignment. Gov. Free-fall Deval Patrick has asked him to conduct a review of the salaries and benefits at those quasi-public authorities like Massport and the Pike, and all the alphabet-soup acronym agencies like MHEFA....

Crosby’s current job is “dean” of the John W. McCormack Graduate School of Policy Studies at UMass, whatever that is. Crosby is basically serving time to get himself a state pension. See, Crosby cashed out his 2000-03 contributions that he made when he was working for Jane Swift. He’s been chowing down at UMass since June 2006, but he still needs another five-plus years, and he’ll have to buy back those three earlier years.

So by God he’s got to keep this job - his kiss in the mail is at stake.

The Boston Herald
Friday, March 27, 2009
Are we being punked, Deval?
By Howie Carr


Two months after Governor Deval Patrick demanded swift action, and even as the House last night approved a bill of its own, the Senate still has not made visible moves to join the cause of ethics reform on Beacon Hill.

The pace in the Senate stands out, considering the chamber was the epicenter of the biggest scandal to rock state government last year: federal bribery charges leveled at state Senator Dianne Wilkerson and her subsequent resignation. She has been indicted by a grand jury and has pleaded not guilty.

The Boston Globe
Friday, March 27, 2009
Senate slow to join ethics reform push
House unanimously approves own measure


Though the state's transportation system is in dire need of more money for maintenance and debt service, Senate leaders have touted the slogan "reform before revenue." Sure enough, the bill that passed the chamber Wednesday contains no revenue. But its reforms leave much to be desired, too....

Anyway, crunching agencies together is only a sideshow. According to the blue-ribbon Transportation Finance Commission, the real potential for savings lies mainly in controlling the costs of employee benefits. The Senate, to its credit, would upend rules that allow MBTA workers to retire with full benefits after 23 years. But savings would be years away. And while the bill would require T employees to join the state's main insurance plan if an actuarial study deems it proper, the language of the bill may be too squishy to force the issue.

A Boston Globe editorial
Friday, March 27, 2009
Reform, sort of, before revenue


When times are tough, usually equable Massachusetts voters become far less forgiving. And times are only getting tougher. Which means Patrick's margin for error has grown exceedingly slim.

The Boston Globe
Friday, March 27, 2009
Governor, it's time to find your groove
By Scot Lehigh


You'd think we'd be mighty happy with our elected leaders right now, what with all the ethics reforming at the State House....

And what about the House? Bless them for adopting most of the governor's suggestions and improving on some of them.

But they didn't do their public image any favors by pulling out two very important provisions....

It's hard to tell whether things will be any better in the Senate, where the bill is headed next....

None of this petulance inspires immense confidence. Which is why when it comes to this cast of characters, the clouds may yet linger over Beacon Hill.

The Boston Globe
Sunday, March 29, 2009
With this cast, a cloud
By Yvonne Abraham


A group of elected officials in this working-class city, which struggles daily to provide services under the threat of severe budget cuts, is reaping some extraordinary rewards for public service.

Through deft exploitation of state laws and local ordinances, a majority of Revere's 11 part-time city councilors are collecting full city pensions while remaining on the city payroll and receiving up to $25,000 a year in council compensation, according to a Globe review of public records....

In many ways, the Revere council provides a case study in the myriad tactics employed by some public officials in Massachusetts to maximize retirement benefits.

The Boston Globe
Sunday, March 29, 2009
Revere city council makes the most of retirement
Pensions brim with rich rewards


Call it the curse of high expectations. Governor Deval Patrick is finding out what happens when hope meets the reality.

Only 34 percent of voters surveyed in a recent Suffolk University poll believe the governor deserves reelection. That vote of no confidence reflects the gap between what voters hoped Patrick would accomplish and their current view of his achievements....

Hope alone won't cut it anymore. This governor needs results.

The Boston Globe
Sunday, March 29, 2009
Governor, the ball's in your court
By Joan Vennochi


Lawmakers have talked a lot about reducing generous employee benefits at the Massachusetts Bay Transportation Authority as they work on overhauling the state's debt-ridden transportation system.

But last week, moments after the Senate approved what legislators were describing as a generational and money-saving reform effort, the head of the MBTA's largest employee union was shaking hands with senators and thanking them for their hard work.

The Boston Globe
Sunday, March 29, 2009
STARTS & STOPS
Overhaul is no hardship for labor


The cash-strapped MBTA could save as much as $1 billion over the next two decades with changes to its health benefits for T workers and retirees, according to a report set to be released Monday.

The analysis by the business-backed Massachusetts Taxpayers Foundation said the transit agency must rein in its "extraordinarily generous pension and health care benefits that are way out of line with the norm in the public and private sectors."

Associated Press
Monday, March 30, 2009
Report: MBTA could save $1B in health benefits


Gov. Deval Patrick and legislative leaders are promising reform of the state's costly public pension system. But such legislation should go beyond putting a halt to those provisions that allow well-publicized abuses of the system to change that will make this benefit fair and affordable for all....

These are all reasonable reforms made more necessary by the fact that pension-fund earnings have been on the decline and governmental resources are shrinking. Taxpayers, many of whom are struggling mightily to keep their own retirement nest eggs intact, have a right to expect quick action from their representatives at the Statehouse.

A Salem News editorial
Monday, March 30, 2009
Real pension reform long overdue


It should probably come as no surprise that the Senate version of the transportation "reform" bill is heavy on symbolism and light on the more difficult money-saving measures....

"I don't think you're going to get enough savings from the reforms to pay for the whole package," Salem Rep. John Keenan accurately observed in an interview with The Salem News last week. But taxpayers deserve a lot more in the way of reform than either the governor or Senate have offered before they're saddled with any toll and/or tax hikes.

A Salem News editorial
Tuesday, March 31, 2009
Flimsy reforms won't fix transportation mess


Two key business groups yesterday threatened to withdraw support for a gas-tax hike if tougher reforms aren’t restored in what they called a “gutted” Senate transportation bill.

The Massachusetts Taxpayers Foundation and the National Association of Industrial and Office Properties-Massachusetts - which were among five business groups that endorsed a 25-cent gas-tax increase - say the Senate balked at passing recommended changes to lucrative health-care and pension benefits enjoyed by MBTA employees.

“If this is the extent of (the reforms), then there’s no way I would support a gas-tax increase,” said Michael Widmer, president of the taxpayers foundation. “They (senators) retreated on virtually every reform. . . . They gutted it.”

The Boston Herald
Friday, April 3, 2009
Biz groups fuming at fuel tax
See reform lacking


State lawmakers, in an effort to quell public anger, displayed unified determination yesterday to wipe from the books some of the generous deals, custom-tailored laws, and hidden provisions that for decades have allowed some Massachusetts public employees to win enhanced retirement benefits....

House Speaker Robert A. DeLeo, standing by her side, said the House would follow in the next several weeks.

The effort by Murray and DeLeo essentially repudiates actions taken by the Legislature in the past when its members responded to a variety of pension requests by passing favorable, narrowly crafted legislation.

The Boston Globe
Tuesday, March 31, 2009
Legislature aiming to crack down on pension provisions
Leaders expect to save millions


The Special Commission on Pension Reform, which convened for the first time yesterday - six months past the deadline specified under Massachusetts law - comprises nine public employees, one retired public employee, three officials from the public-employee retirement systems, and two economists from private universities. By my reckoning, that makes 13 commission members from the public sector and two from the private sector, which calls to mind the old jape about democracy being two wolves and a sheep voting on what to have for dinner. It's an amusing quip, assuming you're not a sheep....

For years the political class has taken care of its own at taxpayers' expense. That is why so many former public employees enjoy retirement perks far more lucrative than anything typically found in the private sector....

Well, declarations are easy. True reform - not merely plugging the most egregious abuses uncovered by the media, but thoroughly overhauling the public-pension system - will be much harder. Sweet-talking the sheep won't do the trick. Beacon Hill needs to slay some wolves.

The Boston Globe
Wednesday, April 1, 2009
Beware of wolves in suits
By Jeff Jacoby


As the first wave of 79 million baby boomers heads to retirement, the nation is dividing into two classes of workers: those who have government benefits and those who don't. The gap is accelerating in every way — pensions, medical benefits, retirement ages.

Retired government workers are twice as likely to get a pension as their counterparts in the private sector, and the typical benefit is far more generous....

The pension gap will continue to widen because governments pump far more money into employee pensions than companies do. Civil servants earn an average of $12.38 an hour in benefits, about $5 an hour more than private-sector workers, according to the Bureau of Labor Statistics. The difference was just $2.70 an hour in 1995....

Contrary to a widely held notion, the extra government benefits aren't compensation for lower pay. Most government workers are paid more than private employees in similar jobs, and the wage gap is growing.

A typical full-time state or local government worker made $78,853 in wages and benefits in the third quarter of 2006, $25,771 more than a typical private-sector worker, the Bureau of Labor Statistics reports. The difference was $7,604 in 2000. The compensation advantage holds true for all types of public workers, from teachers to laborers and managers. Better benefits for government workers is the biggest reason for the growing compensation gap....

The boost in benefits since the 1960s reflects the rising power of public employee unions ...

Pensions for civil servants often are superior to private pensions in subtle ways that make a huge financial difference....

"It's a burden on taxpayers, of course," says Delores Mitchell, executive director of the Massachusetts Group Insurance Commission, which runs the program. But she doesn't foresee major benefit cuts. "States have a tradition of treating retirees well."

USA Today
February 21, 2007
Pension gap divides public and private workers


Chip Ford's CLT Commentary

All around us we hear "Reform First!"  Can't you just feel the tax hikes coming?

The pols are doing the necessary and obvious minimal "reforms" because they know the natives are restless -- but they're not doing all the heavy lifting we taxpayers are demanding; just enough to get by.  Oh they'll get some of the reforms right -- the most onerous and blatant -- they must -- but the little ones that won't be exposed until they're exposed will be ignored.  Dancing around the edges it's called.

Even the so-called Massachusetts Taxpayers Foundation is pulling out of its call for a 25-cent gas tax hike, because there's not enough reform.  Now you know that "reform" on Bacon Hill is going badly!

Why can't the pols simply get government right, and honest?

Why must we remain "cynical" -- so vigilant?  Why can't we just live our lives, trust them to do the right thing running government, their alleged profession?

Why don't we trust them to get it done?  Why can't we?

Once they get done with these reforms-around-the-edges, the tax hikes will come -- after they've "done all they can" to reduce the costs.

How did we get so "cynical," and why must we be?

Until enough taxpayers -- enough voters -- get fed up with this dog-and-pony show, nothing will change.

Until we tire of being patted on our heads then shooed away nothing will improve.

Until there are consequences for policies and positions, we will get more of the same self-serving policies.

Until enough voters decide to change the cast, who can expect anything different from the current incumbents?

Can we please try a new cast of characters -- elect some new faces -- it can't be any worse, right?

Chip Ford



The Boston Globe
Thursday, March 26, 2009

A Boston Globe editorial
Cut the ethics deficit


The new House speaker, Robert DeLeo, has promised to restore the public's faith in a body shaken by suspicions of ethical misconduct by longtime legislators in both branches, and DeLeo is wasting no time. The House is expected to vote today on a comprehensive ethics reform proposal that draws heavily from Governor Patrick's January task force on public integrity. Highlights include raising the maximum criminal penalty for bribery; expanding the definition of lobbying to eliminate the subterfuges used by lobbyists in sheep's clothing; prohibiting any gift by a lobbyist to a public official; reinforcing the Ethics Commission with regulatory authority; and granting subpoena power to the secretary of state to enforce lobbying laws.

But while the House bill is a big step in the right direction, it lacks two key reforms suggested by Patrick's task force. It fails to close a legal loophole that allows public officials to accept gifts of unlimited value from people with potential business before the Legislature. Now it's open season, unless there is a clear link that the gift was made to reward or influence a specific official act. And the bill fails to give state law enforcement officials the necessary power to use surveillance wires in corruption probes.

By fixing these two deficiencies - especially the gift loophole - lawmakers can show they are serious about addressing the ethics deficit on Beacon Hill.

In many other states, government employees simply cannot accept any but the most trivial gifts based on their official positions, and private parties cannot give them. Requiring authorities to prove that a lawmaker cast a specific vote in exchange for, say, a free sports ticket is an unrealistically high bar. Influence peddlers are patient types, happy to pay now for future consideration. And even if a public official can be brought to justice under the conflict-of-interest laws, the current statute allows gift-givers to skate away.

House leaders fear an outright gratuities ban would keep them from accepting even a plaque from a civic group. But sensible exemptions could be built into the law. The Senate could and should put its own stamp on the ethics reform bill by adding the gratuities ban if the House doesn't.

The Senate should also strengthen the bill by giving the attorney general power to authorize surreptitious recordings in the course of public corruption probes. Most states allow anyone to record a conversation with the consent of just one party. But in Massachusetts, corruption investigators must rely on federal law and agents to gather such evidence. Mindful of the state's privacy laws, Patrick's task force wisely recommended that state law enforcement be granted such power only with a Superior Court judge's consent.

The ethics reform bill still needs some sharpening before it becomes an effective weapon against corruption.


The Boston Globe
Thursday, March 26, 2009

The truth behind the triviality
By Marvin Gordon and Robert J. Ciolek


In recent statements about a lucrative $175,000 position for Senator Marian Walsh, Governor Deval Patrick characterized critics as harping on a "trivial" matter. The announcement yesterday that the pay would be cut to $120,000 shows that the governor's tuning fork has finally alerted him to public outrage. Still, the appointment is outrageous.

Walsh, who was named assistant executive director of the Massachusetts Health and Educational Facilities Authority, has no experience in the world of bond finance. She would be filling a position that is vacant, purposeless, and unneeded. In order to pay her salary, the authority may charge it to the nonprofits it serves, or reduce its charitable facility grants to various Commonwealth Health Centers serving our needier citizens. The authority's board of directors knows this, but its duty to the institutions it serves is apparently trumped by its fealty to the governor. Patrick should withdraw his support and the board should - in a more public manner than its last vote - rescind the offer of employment, which will send an important message to the institutions, the bond rating agencies, and the marketplace that prices HEFA bonds.

The Health and Educational Facilities Authority was created 40 years ago to assist Massachusetts nonprofit institutions, such as hospitals, colleges, health clinics, and cultural groups, in accessing the tax-exempt bond market. The purchase of these bonds by private investors permits the institutions to build dormitories, hospital facilities, and museums, and to acquire capital equipment.

The basis for establishing the authority as an independent entity was the Legislature's understanding that it could perform the work and meet the requirements of the federal tax code at no cost to taxpayers. And while the staff of the authority is small - only 15 - its bond issuances are large, given the significant number of nonprofits in the state. To put it in perspective, there are about 8,000 entities with the power to issue tax-exempt bonds, and the Health and Educational Facilities Authority last year ranked sixth nationwide. Issuing bonds is what it does. And, it does it well.

But, the present situation at the authority is of deeper concern. The governor's plan is to put the authority out of business by folding it into another state authority, the Massachusetts Development Finance Authority.

The Development Finance Authority is an agency within the Office of Administration and Finance and, although legally independent, it is structurally much less independent than the Health and Educational Facilities Authority. With overlapping power to issue tax-exempt bonds for certain nonprofit institutions, the two authorities compete for clients. This competition provides a benefit to those nonprofit entities, in that each authority competes with the other by reducing fees for bond issuances by hundreds of thousands of dollars.So why would the governor now want to force a merger? The Development Finance Authority, as the governor's development agency, has been asked to be many things to many people. And it needs funding to do those things, preferably money not from the Commonwealth of Massachusetts. By becoming the only issuer of bonds, the Development Finance Authority would be able to end competition and, in all likelihood, raise the fees paid by hospitals, clinics, and colleges for bond issuances. Worse, it could raid funds controlled by the Health and Education Facilities Authority for millions of dollars, currently held in Trust for the benefit of charitable tax-exempt institutions. It is our hope that the charities division of the attorney general's office reviews such an effort.

At its last meeting, the Board of Health and Education Facilities Authority voted to create a committee "to reach out to (MDFA), to identify efficiencies and cost savings that might be gained by working together." That is code for putting the Health and Education Facilities Authority out of business. It is instructive that no one from any nonprofit institution to our knowledge has yet to be asked to serve on that committee. These issues are being kept out of the public view.

In the end, it all comes down to money - not principle, not public policy, and certainly not reform. It is often said that actions speak louder than words, but sometimes words are far more illuminating than actions. In this instance, the governor's version of "transparency" is really a smoke-and-mirrors clouding of the public's view of the political version of trivial pursuit.

Marvin Gordon is vice chairman and Robert J. Ciolek is former executive director of the Health and Education Facilities Authority.


The Boston Herald
Friday, March 27, 2009

Are we being punked, Deval?
By Howie Carr


The hack du jour is Steve Crosby, a career coatholder currently collecting $172,000 a year at the public trough.

I’ve been keeping an eye on this 63-year-old hack’s hack since 2001, when he attended some thumb-sucking conference and said:

“The Howie Carrs of the world, in my view, should go to jail.”

Because, you see, nobody should write anything bad about payroll patriots like, well, Steve Crosby.

“There is a predisposition that - if you’re in this business, you’re a slimeball.”

God forbid somebody should criticize the likes of, say, Sen. Marian Walsh. She’s a fine person, probably would have become a nun, except she couldn’t handle the vow of poverty.

I mention Crosby today only because he has just been handed yet another big assignment. Gov. Free-fall Deval Patrick has asked him to conduct a review of the salaries and benefits at those quasi-public authorities like Massport and the Pike, and all the alphabet-soup acronym agencies like MHEFA.

Surely, this is a gag, an early April Fools’ Day joke. How else can you explain Deval ordering up a review of the hackerama from a hack who has publicly opined that anyone who attempts to ferret out waste, fraud and abuse in the public sector should be locked up?

I’m sure in his probe Crosby will leave no stone unturned, except of course the ones that Sen. Walsh, the Aloisi siblings, Tom Kinton and all the rest are hiding under.

Crosby is perfect for this job. See, he’s a Republican - a house Republican. Think David Gergen, only smarmier. Crosby is so desperate to please his Democrat masters that sometimes he goes overboard. Last year, they put him on another one of their blue-ribbon commissions, to grease the skids for some pay raises for hack judges and their political patrons.

The chairman of that panel was Paul Guzzi, the $429,600-a-year head of the Greater Boston Chamber of Commerce. Guzzi was most recently seen demanding an even higher increase in the gas tax than Deval wants - 25 cents. Providing cover, you might say.

Anyway, last year Guzzi and Crosby suggested jacking up the salaries of the speaker and the Senate president to $160,000 - a 70 percent increase. Even Sal DiMasi was embarrassed.

Crosby’s current job is “dean” of the John W. McCormack Graduate School of Policy Studies at UMass, whatever that is. Crosby is basically serving time to get himself a state pension. See, Crosby cashed out his 2000-03 contributions that he made when he was working for Jane Swift. He’s been chowing down at UMass since June 2006, but he still needs another five-plus years, and he’ll have to buy back those three earlier years.

So by God he’s got to keep this job - his kiss in the mail is at stake. You couldn’t pry him out of the trough with the Jaws of Life. And so he’ll provide them the report they need - that our public servants in the public authorities are woefully underpaid.

Hey, Deval, are you sure this isn’t an April Fools’ joke?


The Boston Globe
Friday, March 27, 2009

Senate slow to join ethics reform push
House unanimously approves own measure
By Matt Viser


Two months after Governor Deval Patrick demanded swift action, and even as the House last night approved a bill of its own, the Senate still has not made visible moves to join the cause of ethics reform on Beacon Hill.

The pace in the Senate stands out, considering the chamber was the epicenter of the biggest scandal to rock state government last year: federal bribery charges leveled at state Senator Dianne Wilkerson and her subsequent resignation. She has been indicted by a grand jury and has pleaded not guilty.

Senators have been focused this week on a transportation overhaul and are gearing up for a debate on pension reforms next week. Senate President Therese Murray has declined to comment on joining Patrick and the House in changing state ethics laws, and has not made it a major priority in public remarks.

Murray declined a request for an interview yesterday and would not comment aside from a statement released through her spokesman, David Falcone, who said she "has been focused on the Senate's transportation reform legislation and looks forward to continuing the reform agenda with The 153-0 House approval last night gave Speaker Robert A. DeLeo his first legislative victory since he succeeded Salvatore F. DiMasi, who resigned in January amid an influence-peddling controversy involving his close friends.

Yet, in the sort of internecine twists that can carry great weight in the Legislature, top senators were miffed this week that DeLeo outlined his proposal before negotiating a consensus package with the Senate.

"We're trying to spend more time to determine the best bill we can pass," said Frederick Berry, the majority leader, who is also chairman of the Senate Committee on Ethics and Rules.

Berry would not say what specific concerns senators have expressed about the governor's bill or what the objections with the House version are. The Senate, which spent several hours Wednesday approving a transportation reform package, met for only six minutes yesterday.

"I don't know that anybody has focused on it," said Senator Michael Morrissey, a Quincy Democrat. "We've spent the last two weeks on transportation. I'm sure that we'll concentrate on it, but I don't know that there's been any kind of agreement."

Still, several senators said ethics reform remains a priority.

"Most people recognize that there are laws that need to be strengthened and updated on the books," said Richard Tisei, a Republican from Wakefield and the Senate minority leader. "If anything, the Senate is where we had a lot of distraction last session regarding ethics. There's an appetite to change that."

"I think there's a recognition that we need to do something, and there's general support for the governor's package," said Senator Jamie Eldridge, a Democrat from Acton..

Eldridge will push for the ethics legislation to ban lobbyists from raising money for politicians. He also wants state contractors with more than $50,000 in business from the state to be prohibited from raising money.

"This issue must be taken up soon, and it must be comprehensive," said Senator Mark C. Montigny, a Democrat from New Bedford. "There shouldn't be any interest in the Legislature to weaken what the governor has done. If anything we should strengthen it. I remain optimistic that the Senate will do that."

Patrick first filed ethics legislation two months ago, and DeLeo followed this week with a package of ethics reforms that included increasing penalties for ethics violations and granting subpoena power to the secretary of state. The House bill would crack down on lobbyists who fail to report their income, and it would broaden the definition of lobbying to include "strategizing" or "planning." House lawmakers yesterday unanimously approved a Republican-backed amendment to prohibit lawmakers from using campaign accounts to pay ethics fines.

DeLeo has rejected Patrick's proposal to give the attorney general's office wiretapping authority in public corruption cases, but the House included a provision in its bill to study its own proposal.


The Boston Globe
Friday, March 27, 2009

A Boston Globe editorial
Reform, sort of, before revenue


Though the state's transportation system is in dire need of more money for maintenance and debt service, Senate leaders have touted the slogan "reform before revenue." Sure enough, the bill that passed the chamber Wednesday contains no revenue. But its reforms leave much to be desired, too.

The centerpiece of the Senate bill is a restructuring of the state's transportation bureaucracy. The MBTA, Turnpike Authority, and state Highway Department would all be merged into one super-authority under an independent board. Combining several transportation agencies into one will yield efficiencies over time, the theory goes.

Even though the Senate predicts the merger will save $70 million in its first year, the consolidation of disparate agencies will surely take time and energy up front. The Senate bill would leave intact dozens of separate bargaining units - raising the possibility that two workers doing similar jobs for the new super-authority could be represented by different unions.

Anyway, crunching agencies together is only a sideshow. According to the blue-ribbon Transportation Finance Commission, the real potential for savings lies mainly in controlling the costs of employee benefits. The Senate, to its credit, would upend rules that allow MBTA workers to retire with full benefits after 23 years. But savings would be years away. And while the bill would require T employees to join the state's main insurance plan if an actuarial study deems it proper, the language of the bill may be too squishy to force the issue.

The full impact of the Senate bill is tough to assess, because it passed with a raft of last-minute amendments. But skeptics are already emerging. "There's essentially no savings of any size in this bill," says Massachusetts Taxpayers Foundation president Michael Widmer, who was a member of the Transportation Finance Commission.

When the House takes up the issue next week, members should take another look at the reforms Governor Patrick has proposed. His plan takes a hard line on overly generous pensions and health benefits.

Patrick, of course, has taken a hit politically for proposing a 19-cent gas tax hike - never mind that it's an honest response to the debt and deferred maintenance that are destroying the state's roads and transit systems. Like the Senate, he also proposes a merger of current agencies. His proposal would put them under a beefed-up transportation secretary. This approach may be better than the Senate's, but has problems of its own.

The state's transportation system has been suffering because responsibility has been diffused, employee unions have been too powerful, and public officials have been unwilling to level with the public. The Senate has at least gotten the debate started. But more revenue is needed - and so are tougher reforms.


The Boston Globe
Friday, March 27, 2009

Governor, it's time to find your groove
By Scot Lehigh


It was Governor Patrick the Penitent who invited reporters to his office for a Tuesday exercise in damage control.

Senator Marian Walsh, newly appointed to the plum patronage post of assistant executive director of the Health and Educational Facilities Authority, would take a $55,000 pay cut in her planned $175,000 salary, he announced.

What's more, Stephen Crosby, the well-regarded dean of UMass-Boston's John W. McCormack Graduate School of Policy Studies, would review pay and perks at the state's quasi-independent agencies.

Throughout, Patrick was even-tempered and affable. Once again, though, he was trying to climb out of a hole dug by his off-putting doppelganger, Deval the Dismissive. Just a few days before, that tin-eared pol had brushed off the public outcry over Walsh's appointment and other personnel controversies as "trivial."

Patrick the Penitent issued a mea culpa for that remark.

"Uncle. Uncle. Uncle," said he. "I wish I'd never uttered the word."

Of course, if wishes were horses, beggars would ride. Alas for the man from uncle, once done, political damage is not so easily undone. Further, as walk-backs go, Tuesday's left a lot to be desired. Wasting $120,000 a year is preferable to squandering $175,000, certainly. But given that the bonding agency's number two spot had been vacant for a dozen years, it strains credulity to think installing the lightly qualified Walsh at HEFA is in any way vital.

A new Suffolk University poll shows how tenuous Patrick's situation has become: Just 34 percent said he merits reelection, while 47 percent said it is time for someone else.

Other results are murkier. Although Treasurer Timothy Cahill, who is contemplating a gubernatorial run, was statistically tied with Patrick in a general election head-to-head, that match-up, which assumes that Cahill runs as an independent, did not include a GOP candidate. Thus it's not an accurate barometer of how voters would break if a credible Republican runs.

It's also worth noting that Patrick leads Cahill handily among Democrats - and that this poll was taken before the news broke that the State Ethics Commission is investigating Cahill's role in awarding a $21 million contract to a company that was secretly paying his close friend and fund-raiser Tom Kelly.

Finally, a poll is only a snapshot in time.

All that said, however, Suffolk's poll is not a snapshot any incumbent would want to blow up and hang on his wall.

In past surveys, voters have liked Patrick, even while giving him mediocre job-performance reviews. But in the Suffolk poll, only 44 percent viewed the governor favorably, while 43 percent rated him unfavorably.

"Usually his popularity has been above his job performance numbers, but now it is dropping, and that drop is driven by independents," says David Paleologos, director of the university's Political Research Center. "They were quite taken with him during the election, but I am seeing a very different opinion now."

In a state where independents are crucial, that's an ominous trend.

The administration attributes the lackluster results to the troubled economic times and the controversial positions Patrick has taken. Spokesman Joe Landolfi cites his reform of police details and auto insurance, as well as his support for a gas tax increase and his call for public pension reform.

"The governor feels very strongly that his reform agenda is going to position the state for a much stronger upturn in the future, but we realize that it comes with political costs," he said.

Certainly Patrick has done some difficult - and laudable - things. But administration spin aside, his problems go well beyond voters alienated by policy stands.

They even go beyond blunders like the Walsh appointment - and his verbal penchant for using his toes for target practice.

After two-plus years, he hasn't been able to find the right working distance from the Legislature, one that retains an aura of executive independence and authority. Nor has he seemed convincingly in charge since the state hit rough water.

Further, people still complain that he doesn't listen.

When times are tough, usually equable Massachusetts voters become far less forgiving. And times are only getting tougher. Which means Patrick's margin for error has grown exceedingly slim.


The Boston Globe
Sunday, March 29, 2009

With this cast, a cloud
By Yvonne Abraham


You'd think we'd be mighty happy with our elected leaders right now, what with all the ethics reforming at the State House.

After last fall's snapshots of state Senator Dianne Wilkerson stuffing cash into her unmentionables, Governor Deval Patrick proposed a giant overhaul of ethics rules. That excellent, sweeping plan was designed to blow the dark cloud of mistrust off the golden dome.

And, immediately following the resignation of House Speaker Sal DiMasi amid accusations of influence-peddling, his successor, Robert DeLeo, invoked his own white-horse rhetoric, vowing to make the overhaul his first priority.

True to his word, the House unanimously passed a giant set of new ethics rules on Thursday night that included much of what the governor had asked for: bigger fines for ethics violations, stricter oversight of lobbyists, the kinds of things the watchdogs have been seeking for decades.

Yep, these should be heady days for the skeptics who thought the thing would never fly.

So why are the pols' approval ratings through the floor?

Maybe it's because, even as they do things that should make us proud in some departments, our tin-eared leaders act nit-wittishly in others.

Take the governor, for example. He loudly led the charge to cleanse the State House of suspicion's stain. This made him look like one of the good guys. But he is also the guy who - in the midst of his ethics reform spectacular - gave a big, fat $175,000 job to state Senator Marian Walsh, and then made out it was someone else's idea. Then, after he was pilloried for declaring the controversy "trivial" when thousands of his constituents are struggling to get by on unemployment, he reduced his loyal supporter's fat salary to a portly $120,000.

That cloud ain't budging.

And what about the House? Bless them for adopting most of the governor's suggestions and improving on some of them.

But they didn't do their public image any favors by pulling out two very important provisions.

First, legislators put the kibosh on a proposal allowing state investigators to wiretap conversations in corruption probes, electing to study the matter further. Federal investigators can already record those conversations. And the attorney general wouldn't be running around pointing microphones at legislators willy-nilly: A court would have to decide she had just cause. So what would any honest legislator have to fear here?

Second, they pulled a provision tightening restrictions on gifts from people who might want to influence lawmakers' actions. When the outcry over that grew loud enough, they inserted an amendment that did little but re-state the original, murky rule.

Is it any wonder the public worries their hearts aren't really in this?

It's hard to tell whether things will be any better in the Senate, where the bill is headed next.

That's because Senate President Terry Murray has been largely absent from the public discussions of ethics reform since she stood before reporters in a State House lobby back in October, steaming at Wilkerson's transgressions. When Patrick first proposed his reforms, Murray was, again, hopping mad, believing him to be grandstanding, and directing his criticisms at her chamber, said people who spoke with her at the time. Lately, she has given no hint of what she likes and dislikes in the proposals by the governor and the House, and no inkling of when she would take up the matter.

And though he has spoken of the Senate's commitment to reform during hearings, Senate Ethics Committee chairman Frederick Berry's response to the House package has so far consisted of belly-aching about not being consulted by DeLeo.

None of this petulance inspires immense confidence. Which is why when it comes to this cast of characters, the clouds may yet linger over Beacon Hill.


The Boston Globe
Sunday, March 29, 2009

Revere city council makes the most of retirement
Pensions brim with rich rewards
By Sean P. Murphy


REVERE - A group of elected officials in this working-class city, which struggles daily to provide services under the threat of severe budget cuts, is reaping some extraordinary rewards for public service.

Through deft exploitation of state laws and local ordinances, a majority of Revere's 11 part-time city councilors are collecting full city pensions while remaining on the city payroll and receiving up to $25,000 a year in council compensation, according to a Globe review of public records.

One councilor began collecting his city pension without retiring. Two others left the council, began collecting their retirement benefits, and returned to the council with no interruption or reduction of their pensions. Some have tacked extra years onto pensions with just a few days' work. They also have used annual bonuses that accumulate for multiple years of service, called "longevity pay," to pad their pensions and council salaries simultaneously.

In many ways, the Revere council provides a case study in the myriad tactics employed by some public officials in Massachusetts to maximize retirement benefits. But it also is an extreme case, according to the Globe review. The use of so many different retirement provisions - by retirees still on a public payroll - is rare if not unique, compensation specialists said.

Fred Foulkes, a Boston University professor and director of the university's Human Policy Institute, said Revere city councilors may have seized every available advantage in state and local rules to increase their income.

"There are a lot of these quirks around to take advantage of," he said. "The average citizen doesn't know about things like this."

The pensions are an example of the kind of nest-feathering that has infuriated the public and recently prompted Governor Deval Patrick and some lawmakers to call for an overhaul of the pension system.

The Globe has published stories about town moderators and a library trustee who counted their volunteer service toward pensions, and public officials who began collecting early, enhanced pensions after they were fired from state government.

Revere officials say they are doing nothing improper, and that the provisions they have used to increase their pensions are part of state and local codes.

"I take what is given to me - that's my stand on it," said Councilor George V. Colella, a former Revere mayor.

Seven of the 11 Revere councilors receive pensions, ranging up to $57,000 a year. In addition, they receive base city council pay of $14,650, plus automatic expense stipends of $7,200 (recently reduced by 20 percent, in a nod to the budget crisis), plus the accumulating bonuses for years worked, called longevity bonuses.

The combined take for some councilors is more than $85,000 a year, in a city of 55,000 people where the median income hovers around $45,000 annually. By comparison, Malden, with about the same population and demographics, pays councilors $17,500. Only one Malden councilor receives a city pension.

Some of the Revere councilors built up pensions while serving as full-time city employees; others earned pensions based largely on serving as council and School Committee members. Two of the retirees served the city as both mayor and councilor; one as only a councilor; one as a firefighter; one as a police officer; and one served in the state's employment training department.

"Revere may be unique in electing so many retirees to the city council," said Anthony T. Zambuto, one of the few councilors who does not receive a public pension.

Councilor Arthur Guinasso, for example, retired as a councilor in 2002 at age 62, began receiving a $10,000 annual pension, and then returned to the council two years later, collecting both his pension and the councilor compensation package, which together equals a combined $31,700. Guinasso did not return telephone calls.

Councilor Robert J. Haas Jr. "retired" from his career as a mayor and councilor in 2005 at age 62, and just kept going, never breaking his service on the council. The only change for Haas was that he began drawing his $47,500 pension on top of his councilor's pay and expenses of about $25,000.

These moves are legal because city councilors and other elected officials in Massachusetts are exempt from the restrictions and financial penalties the law imposes on most government retirees who want to continuing working and drawing paychecks beyond their retirement. The law imposes no such restrictions on retirees who hold elected office.

The state rules also allow City Council members to count their part-time, elected jobs as full years of pension credit. The council usually meets three times a month, for as long as five hours per session. On average, that is about four hours a week throughout the year. They also spend various amounts of time on constituent work.

Councilors bristled at the suggestion they are taking advantage of the system.

"Everybody says it's part-time work," said Ira Novoselsky, a councilor who combined state employment and a stint on the city planning board to retire at age 55 with an annual pension of about $30,000, on top of his council compensation of more than $26,500. "But you don't get calls at two o'clock in the morning from [angry] constituents."

Revere City Council members have also used the so-called one-day rule to boost their pensions, in a fashion similar to other officials around the state. It allows public officials to collect a full year of credit toward a pension for as little as one day of work in a calendar year.

The rule was devised by the state Legislature, whose departing members typically gain an extra year of credit when they remain in office for a few days in January while awaiting the swearing-in of their successors.

In Revere, the terms of mayor, councilors, and School Committee members also extend into the first week of January. (Two out of six School Committee members in Revere also receive city pensions, plus pay and health benefits.)

Haas took advantage of the one-day rule in 2005, boosting his eventual pension by about $1,500 a year for life by serving two days as a councilor in January.

Colella used it three times in his long political career, twice when leaving office as mayor and once when leaving office as councilor, allowing him to ring up an extra $5,000 in his annual pension for 10 days' work - for life. Since he began collecting a pension 17 years ago, the one-day rule in Colella's case has cost the city about $85,000.

Colella said the one-day rule was spawned by the Legislature.

"I had nothing to do with it," he said.

But another key benefit was established by the council. The council voted in 2000 to boost members' pay - and their eventual pensions - by giving themselves automatic annual longevity bonuses based on the length of their public employment. Longevity pay is practically unheard of for city councilors and other elected officials in surrounding municipalities, according to a survey of those cities.

The Revere city council also then further enhanced the benefits of longevity. Councilors voted, in the same year, to allow longevity payments they receive to be used in calculating their pensions. Longevity bonuses are awarded at $500 a year for the first nine years of service, and then boosted by $200 for every year after that, up to a maximum of $6,300.

Haas, for example, receives about $2,500 a year of his $47,500 annual pension in recognition for the longevity he amassed as a councilor and mayor in the 1980s and 1990s. And he is using those same years a second time to collect $3,700 a year in longevity pay as a councilor.

Haas said he did not realize councilors were getting the advantages of longevity bonuses twice, until it was pointed out by the Globe.

"I think we have to address it," he said. "It may be a small amount in dollars, but it's symbolic. If it is wrong, we will do something about it."


The Boston Globe
Sunday, March 29, 2009

Governor, the ball's in your court
By Joan Vennochi


Call it the curse of high expectations. Governor Deval Patrick is finding out what happens when hope meets the reality.

Only 34 percent of voters surveyed in a recent Suffolk University poll believe the governor deserves reelection. That vote of no confidence reflects the gap between what voters hoped Patrick would accomplish and their current view of his achievements.

Patrick ran an inspirational campaign as a political outsider who relished taking on entrenched Beacon Hill interests.

Hope over fear. Together we can. A different kind of politics.

Those phrases propelled him to victory as the state's first African-American governor and the first Democratic governor in 16 years. Yet two-plus years into his first term, it's hard to imagine another Massachusetts candidate winning state office solely on the basis of such sweet-sounding slogans.

His high-minded rhetoric started losing altitude soon after his election.

What Patrick viewed as trivial decisions to lease a Cadillac and put up new office drapes led to serious questions about just how different a politician he would be. His first year agenda was stifled by a speaker of the House with an agenda of his own. Patrick squandered time and energy on a push for casinos that disappointed progressive supporters and failed in the face of opposition from then-Speaker Salvatore F. DiMasi.

Only after DiMasi was weakened by ethics-related investigations was Patrick able to muscle through some initiatives of his own. Then, DiMasi resigned, leaving Patrick to work out a relationship with a new House speaker at a time of fiscal crisis. Massive budget cuts are necessary and new taxes are on the table.

This year, Patrick is promising major ethics, transportation, and pension reform. Meanwhile, what Patrick first viewed as "trivial" disclosures - for example, a high-paying job given to a state senator who is also a Patrick supporter - undercut his reformer image and took on the same negative symbolism as the Cadillac and curtains.

As a candidate, he reveled in words and symbols. As governor, he often finds them beneath his dignity.

Voters are disappointed, as a result. Unfortunately, Patrick interprets disappointment as cynicism.

But disappointment is what happens when people let down their guard and believe, even for one election cycle, that a politician can be different, as advertised. If it turns out to be business as usual, why shouldn't they feel betrayed?

It is Patrick's responsibility to give Massachusetts voters a reason to keep the faith. From the big picture to the small, he should engage in a daily battle of message and massage with as much zest as he did as a candidate.

Patrick can't lower property taxes, as he promised during the governor's race. Indeed, he wants to increase the gas tax. It's not a popular cause. But there should be some respect for a governor who is willing to tell people the unpleasant fiscal truth. For years, a succession of governors declined to do that and state lawmakers gladly kept on their blinders.

Patrick is starting to explain why he believes state Senator Marian Walsh is needed at the Health and Educational Facilities Authority. His explanation, that this is an out-of-control authority led by an antireform holdover from the Romney administration, comes much too late to defuse the criticism. But during a Thursday night town hall meeting broadcast by New England Cable News, Patrick made an eloquent case for giving Walsh a chance.

Thanks to Patrick's close relationship with President Obama, Massachusetts is receiving hundreds of millions of dollars in federal stimulus money. In just the past week, Patrick announced $764 million for healthcare, $168 million for Massachusetts schools, $280 million for special education funding, and $162 million for higher education, which allowed UMass to roll back increases in student fees. The Patrick administration also announced eight infrastructure projects, and broke ground on the Chelsea Street Bridge, which will immediately produce 150 construction jobs.

With that money comes a duty to spend it responsibly. Patrick should do everything to avoid a Big Dig fiasco of his own.

Hope alone won't cut it anymore. This governor needs results.


The Boston Globe
Sunday, March 29, 2009

STARTS & STOPS
Overhaul is no hardship for labor
By Noah Bierman


Lawmakers have talked a lot about reducing generous employee benefits at the Massachusetts Bay Transportation Authority as they work on overhauling the state's debt-ridden transportation system.

But last week, moments after the Senate approved what legislators were describing as a generational and money-saving reform effort, the head of the MBTA's largest employee union was shaking hands with senators and thanking them for their hard work.

In an interview conducted between handshakes in the Senate lobby, Steve MacDougall, president of the MBTA Carmen's Union, said he remained unhappy with the bill because it attacks "100 years of collective bargaining."

But . . . still . . . he also said the bill was "better than it started."

So what happened to put MacDougall in such a good mood?

1) The famous change to the MBTA's "23 and out" rule that lets workers retire with meaty pensions in their early 40s will affect only new hires if the Senate bill becomes law, meaning it will take another generation to matter.

2) Language that would force all current employees into the state healthcare system, which is much less expensive than the T's, was removed. Under the revised version, the state would conduct an actuarial study to see whether it could save money to move workers to the state healthcare system, leaving lots of wiggle room.

3) Language granting the MBTA supervisors "management rights" - the ability to hand out work assignments regardless of union seniority - was taken out.

Senator Steven A. Baddour, a Methuen Democrat who cochairs the Transportation Committee, said after the vote that the bill, which would also reorganize several state agencies, would save billions of dollars over 20 years and fundamentally change the way transportation is delivered.

"This was a grand-slam home run for the Carmen's Union," said Michael J. Widmer, president of the Massachusetts Taxpayers Foundation. "They celebrated. This is a huge victory."

Widmer said the Senate bill was watered down - actually "watered down is being kind" - and will not save the billions predicted if it becomes law.

But MacDougall pointed out that the fight is not over: "This is one of three required branches."

Governor Deval Patrick submitted his own bill, which is not as kind to the unions. And the House is expected to weigh in with its version when members debate transportation later this week.


Associated Press
Monday, March 30, 2009

Report: MBTA could save $1B in health benefits
By Steve LeBlanc


BOSTON -- The cash-strapped MBTA could save as much as $1 billion over the next two decades with changes to its health benefits for T workers and retirees, according to a report set to be released Monday.

The analysis by the business-backed Massachusetts Taxpayers Foundation said the transit agency must rein in its "extraordinarily generous pension and health care benefits that are way out of line with the norm in the public and private sectors."

Among a series of six recommendations offered by the group is a proposal to require all employees and retirees under the age of 65 to pay the difference between regular HMO coverage and more expensive plans -- a change that could save $20 million a year.

By contributing 85 percent of premium contributions for both types of plans, the group said the MBTA creates a "perverse incentive" for employees and retirees to select the more expensive plans.

Other recommendations include introducing tiered network health plans; adjusting T benefits so they are comparable with benefits for other public employees; and eliminating reimbursement for retirees' share of Medicare Part B premiums.

A spokesman for the MBTA declined to comment until the agency had a chance for a full review of the report.

Massachusetts Bay Transportation Authority General Manager Daniel Grabauskas has already had some luck in forcing MBTA retirees to pay more for their health care, including increases in co-payments and deductibles.

But the T's rocky fiscal shape is putting more pressure on the agency to make even more dramatic changes. The T needs to fill a $160 million hole in its budget for the fiscal year starting July 1.

If it can't, Grabauskas said the agency will have to raise fares and cut back on services. The T has already raised fares three times -- more than 75 percent -- during the last eight years.

Gov. Deval Patrick has proposed his own series of health benefit reforms at the MBTA, and a bill approved by the Massachusetts Senate would ban MBTA workers from receiving pension benefits greater than those enjoyed by members of the state's broader health insurance system.

The Senate bill would also change the system at the MBTA that allows workers to retire after 23 years with full benefits regardless of their age. It would require they put in at least 25 years and would set a minimum retirement age of 55.

Grabauskas supports the change, which T workers have resisted.


The Salem News
Monday, March 30, 2009

A Salem News editorial
Real pension reform long overdue


Gov. Deval Patrick and legislative leaders are promising reform of the state's costly public pension system. But such legislation should go beyond putting a halt to those provisions that allow well-publicized abuses of the system to change that will make this benefit fair and affordable for all.

"The Commonwealth's public employees and taxpayers deserve a system that is completely transparent and tied much more closely to actual contributions than the one we currently have," the Pioneer Institute, a well-respected Boston think tank, declared in a release issued last week. Our leaders on Beacon Hill would do well to heed some of its recommendations.

The majority of public employees work hard over many years, contributing to their pension fund along the way, so that they might enjoy a comfortable retirement. (The average state employee receives $24,000 a year in retirement, in lieu of Social Security for which they are not eligible.)

But the gaming of the system by some state and municipal employees, often with the active participation of legislators, has added immeasurably to its cost. According to this week's release, "In 2006, a Pioneer report determined that loopholes and special legislation targeting specific employees or classes of employees added at least $3 billion to our unfunded pension liability."

Those loopholes should have been fixed then, but weren't. Call your legislator and tell him or her they must be addressed this time.

Fundamental to such reform is a change in attitude so that public pensions are not viewed as a way to easy riches before one goes on to his or her next career, but rather as a reward for long and competent service to city, town or commonwealth. On the other hand, as the Pioneer report points out, many entering public service today may not view it as a lifetime career, and thus provisions should be made to allow them to carry earned benefits over to private-sector employment.

"Younger generations of employees do not seek the same level of professional stability that their parents and grandparents did," the Pioneer report notes. "The Commonwealth needs a pension system that is as flexible as the workforce it hopes to recruit and retain."

The public-policy research group proposes several specific reform that merit serious consideration. Among them:

Eliminate the practice of allowing employees to receive credit for years of service in non-governmental and less-than-half-time jobs.

Eliminate provisions that provide enhanced benefits for those who are discharged from their positions. (There have been instances of employees planning to leave state employment who've arranged to be "fired" in order to pad their pensions. These enhanced benefits are also available, incredibly, to lawmakers who've been voted out of office.)

Require that someone have worked at least six months in order to receive credit for a full year's service. Currently one can work a day or two past one's anniversary and receive credit for a full year of employment.

End the practices of "salary spiking" and "group jumping" whereby individuals or groups of employees can enhance their retirement payout by moving up in grade late in their careers.

These are all reasonable reforms made more necessary by the fact that pension-fund earnings have been on the decline and governmental resources are shrinking. Taxpayers, many of whom are struggling mightily to keep their own retirement nest eggs intact, have a right to expect quick action from their representatives at the Statehouse.


The Salem News
Tuesday, March 31, 2009

A Salem News editorial
Flimsy reforms won't fix transportation mess


It should probably come as no surprise that the Senate version of the transportation "reform" bill is heavy on symbolism and light on the more difficult money-saving measures.

After all, Senate President Therese Murray and Transportation Committee co-chairman Steven Baddour took pains at the public hearing a few weeks ago to tell the unions that their objections would be taken into consideration.

That they were. Michael Widmer of the Massachusetts Taxpayers Foundation has termed the Senate version of the transportation bill "a grand-slam home run for the Carmen's Union." It explains all the winking and smiling that went on when the spokesman for the union representing MBTA workers testified that day.

For while there are some good things in the Senate bill including the consolidation of the Highway Department and Massachusetts Turnpike Authority and an end to the notorious "23 years and out" MBTA retirement policy, the changes don't go nearly far enough to justify the kind of tax increases being contemplated to prop up these agencies.

In a report released Monday, the MTF notes that "the Senate legislation passed last week would produce no short-term savings and uncertain savings over the long term, falling dramatically short of the recommendation of the Transportation Finance Commission."

The Senate bill calls only for a study of the potential savings to be had by placing MBTA employees into the same health insurance group as other state employees. The MTF, on the other hand, is suggesting six changes in transit workers' health plans which, if implemented immediately, it says could save $1 billion over the next two decades.

"MBTA General Manager Daniel Grabauskas has already had some luck in forcing retirees to pay more for their health care, including increases in co-payments and deductibles," The Associated Press reported Monday. "But the T's rocky fiscal shape is putting more pressure on the agency to make even more dramatic changes. The T needs to fill a $160-million hole in its budget for the fiscal year starting July 1. If it can't, Grabauskas said the agency will have to raise fares and cut back on services."

Fares have already been increased several times during the last eight years, and those using the commuter rail parking lots here on the North Shore and elsewhere were recently hit with a doubling of the daily fee.

Nobody said reform would be easy, and it is especially difficult for a Democratic majority that has long been beholden to the public employee unions. With the governor and Senate having already weighed in on the issue, it's now up to the House of Representatives to consider what savings might be achieved.

"I don't think you're going to get enough savings from the reforms to pay for the whole package," Salem Rep. John Keenan accurately observed in an interview with The Salem News last week. But taxpayers deserve a lot more in the way of reform than either the governor or Senate have offered before they're saddled with any toll and/or tax hikes.


The Boston Herald
Friday, April 3, 2009

Biz groups fuming at fuel tax
See reform lacking
By Jay Fitzgerald


Two key business groups yesterday threatened to withdraw support for a gas-tax hike if tougher reforms aren’t restored in what they called a “gutted” Senate transportation bill.

The Massachusetts Taxpayers Foundation and the National Association of Industrial and Office Properties-Massachusetts - which were among five business groups that endorsed a 25-cent gas-tax increase - say the Senate balked at passing recommended changes to lucrative health-care and pension benefits enjoyed by MBTA employees.

“If this is the extent of (the reforms), then there’s no way I would support a gas-tax increase,” said Michael Widmer, president of the taxpayers foundation. “They (senators) retreated on virtually every reform. . . . They gutted it.”

Pushing T workers into the state’s general health-insurance fund, as recommended by a Senate committee, would have saved the debt-ridden MBTA $25 million a year, Widmer said.

But the final Senate plan merely calls for more study of what health plan T workers should use in the future, he said.

The Senate also didn’t adopt Gov. Deval Patrick’s recommendation that the so-called “23 years and out” retirement provision for T workers should be eliminated for employees with fewer than 10 years service, Widmer said.

The Senate bill passed last week eliminated the early-retirement clause only for new employees.

David Begelfer, head of NAIOP-Massachusetts, said his business group is now “a little skeptical if enough reforms are in there to justify new (gas-tax) revenues.”

Sen. Steve Baddour (D-Methuen), chairman of the Senate Transportation Committee, blasted critics.

“I don’t know what the critics are smoking but it’s causing brain damage because they clearly haven’t read the bill,” said Baddour, whose fellow senators have vowed that “reforms before revenue” is their mantra.

He said there were legal and financial questions about benefits reforms - and insisted the Senate is committed to saving billions of dollars via fundamentally changing how the state’s transportation system is run.

He noted the Senate bill eliminates the Massachusetts Turnpike Authority, implements tort reform, commits to moving T workers to the least expensive health-care system in future years and eliminates “23 and out” for all new T employees.


The Boston Globe
Tuesday, March 31, 2009

Legislature aiming to crack down on pension provisions
Leaders expect to save millions
By Matt Viser


State lawmakers, in an effort to quell public anger, displayed unified determination yesterday to wipe from the books some of the generous deals, custom-tailored laws, and hidden provisions that for decades have allowed some Massachusetts public employees to win enhanced retirement benefits.

Senate President Therese Murray announced that the Senate today planned to quickly approve seven proposals aimed at closing what critics call unfair pension provisions that have fattened the retirement benefits of untold numbers of public employees.

House Speaker Robert A. DeLeo, standing by her side, said the House would follow in the next several weeks.

The effort by Murray and DeLeo essentially repudiates actions taken by the Legislature in the past when its members responded to a variety of pension requests by passing favorable, narrowly crafted legislation. State senators did not have an estimate on how much money the changes would save, but said it would be in the "millions."

"Eliminating loopholes and clarifying the current laws is going to go a long way to restoring public trust and confidence in the system," Murray said. "The time for talk is over, and the time for action is now."

The announcement of the Senate proposal, which does not go as far as a similar plan announced last week by Governor Deval Patrick, means there will almost certainly be an overhaul of the pension laws this year, although there are still questions over details.

Senate Republicans, who also support the legislation, plan to offer several amendments to make the laws tighter, said Senate minority leader Richard Tisei.

"Overall I think it's a good first step from the Senate, but I'd like to see the package strengthened," said Michael Widmer, who is president of the Massachusetts Taxpayers Foundation and has been pushing for changes to the laws for years. "The governor has gone a bit further, and in a constructive way."

Patrick, for example, eliminates the provision that allows state employees to boost their pensions if they are fired. The Senate version only eliminates that provision for elected officials, who are able to boost their pensions if they are not nominated or reelected.

DeLeo said he supported the general parameters, but added that he did not endorse the Senate version because it was not final and there could be changes.

"Conceptually I think that the House is in agreement of many of the items being addressed by the Senate," he said at a press conference in the Senate Reading Room.

Patrick called Murray's announcement "wonderful news" that will help in "modernizing the public pension system and helping to restore public trust."

"Putting an end to abuses in our pension systems is a key part of my reform agenda," Patrick said in a statement. "And I look forward to working closely with my partners in the House and Senate to finalize this important reform bill over the coming weeks."

The Senate bill would remove a provision that credits a full year of service to employees after they have worked as little as one day in that year.

The Senate plan, which would also establish a commission to recommend broader pension changes by Sept. 1, would not apply to future retirees.

Lawmakers have been eager to project that they are busy on major changes. Last week, the Senate approved transportation overhaul, which the House plans to take up next week. The House adopted an ethics reform proposal last week.

The moves come in response to diminishing public confidence in the ability of elected officials to tighten state ethics and lobbying laws. A recent poll of 400 Massachusetts voters found that only 12 percent rated the level of ethics as good or excellent.

The Globe has published stories about town moderators and a library trustee who counted their volunteer service toward pensions, and public officials who began collecting early, enhanced pensions after they were fired from state government.

The Globe reported Sunday that a majority of Revere's 11 part-time city councilors are collecting full pensions while remaining on the municipal payroll and collecting about $25,000 in annual council compensation.

Revere is part of DeLeo's district, a topic that the speaker did not address during the press conference.

The Senate plan would also:

= Prohibit municipal officials from being able to establish pension credit for time spent working in nonpaying public jobs.

The law has allowed officials such as two town moderators from Canton and Milton, as well as lobbyist John A. Brennan Jr., to receive pension credit for essentially volunteer work.

= Change the current accidental disability retirement benefit for individuals who are injured while temporarily filing in for their supervisor.

Some firefighters in Boston have collected pension benefits based on their bosses' higher pay level after they were injured on the job while subbing for them.

= Limit the definition of "compensation" to only wages and salary, and specifically exclude housing benefits, annuities, or the use of motor vehicles.

This would prevent presidents at the state's public colleges and universities from counting housing and transportation allowances as compensation.

William Bulger, a former University of Massachusetts president, fought for this perk and won, increasing his pension by $17,000 to $196,000 a year.

= Prohibit public employees from combining their pensions from two separate positions, which can increase the overall pension.

Instead, an individual who is a member of two or more systems must retire separately from each system.

= Align MBTA employees' pension with the state system and eliminate the policy that allows employees with 23 years of service to retire with benefits regardless of their age.

The provision has allowed workers to retire in their 40s and then take other jobs while collecting pensions.


The Boston Globe
Wednesday, April 1, 2009

Beware of wolves in suits
By Jeff Jacoby


The Special Commission on Pension Reform, which convened for the first time yesterday - six months past the deadline specified under Massachusetts law - comprises nine public employees, one retired public employee, three officials from the public-employee retirement systems, and two economists from private universities. By my reckoning, that makes 13 commission members from the public sector and two from the private sector, which calls to mind the old jape about democracy being two wolves and a sheep voting on what to have for dinner. It's an amusing quip, assuming you're not a sheep.

The special commission is only the latest group to cast a critical gaze at the state's woeful public-employee pension system. In February, the House Special Committee on Pensions issued its report and recommendations - not to be confused with the earlier report and recommendations of the Blue Ribbon Panel on the Massachusetts Pension Classification System, or with the White Paper on Public Pensions prepared by the Pioneer Institute in 2006.

On Monday, meanwhile, Senate President Therese Murray put forth her own package of suggested pension reforms. That was about a week after Governor Deval Patrick had outlined his plan. For the layman, keeping up with this parade of public-pension panels and proposals can be a challenge.

It can be even more challenging - it is certainly more maddening - to keep up with the seemingly endless train of public-pension abuses.

The latest outrage, exposed by Sean Murphy in Sunday's Globe, comes from Revere, where most members of the City Council have figured out a way to collect full pensions while continuing to take a city paycheck.

"One councilor began collecting his city pension without retiring," Murphy reported. "Two others left the council, began collecting their retirement benefits, and returned to the council with no interruption or reduction of their pensions. Some have tacked extra years onto pensions with just a few days' work. They also have used annual bonuses that accumulate for multiple years of service, called 'longevity pay,' to pad their pensions and council salaries simultaneously . . . The combined take for some councilors is more than $85,000 a year." The work is not exactly strenuous: In the course of a year, City Council meets an average of four hours per week.

These pension-abuse stories are never complete without a disobliging brush-off from one of the abusers. "I take what is given to me - that's my stand on it," Councilor George Colella told the Globe.

That has been the attitude for years - the attitude of MBTA employees who retire with full pensions after working just 23 years; the attitude of retirees who get pension credit for volunteering as library trustees or town moderators; the attitude of ex-lawmakers whose pensions soar when they are defeated for reelection or quit under an ethical cloud; the attitude of Boston firefighters whose tax-free disability pensions are fattened if they claim to have been injured while filling in for a supervisor; the attitude of the scores of government retirees who collect annual pensions of $100,000 and up. Like Colella, they will all gladly take every nickel the taxpayers can be coerced or gulled or manipulated into giving.

For years the political class has taken care of its own at taxpayers' expense. That is why so many former public employees enjoy retirement perks far more lucrative than anything typically found in the private sector. "The nation is dividing into two classes of workers: those who have government benefits and those who don't," USA Today noted [see inclusion below]  in 2007. "The gap is accelerating in every way - pensions, medical benefits, retirement ages."

All of that was galling enough when the economy was strong and the Dow was flying high. Now - in the midst of deep recession, with the market prostrate, millions out of work, and retirement portfolios worth far less than they used to be - it is infuriating. Beacon Hill's worthies can feel the growing backlash, which is why they declare so solemnly that pension reform is a "priority."

Well, declarations are easy. True reform - not merely plugging the most egregious abuses uncovered by the media, but thoroughly overhauling the public-pension system - will be much harder. Sweet-talking the sheep won't do the trick. Beacon Hill needs to slay some wolves.


USA Today
February 21, 2007

Pension gap divides public and private workers
By Dennis Cauchon


Johnnie Nichols, a civilian Defense Department employee, contributes to a federal pension that will let him retire at age 56, after 32 years of service.

His wife, Kimberly, a math teacher at a private business college, has no pension after two decades of teaching and running a horse farm. Their marriage reflects the new world of retirement: government employees who have secure benefits and private workers who increasingly are on their own.

"If we were both in her shoes, we'd be in a world of hurt," says Nichols, 45, an information technology manager in Middletown, Ind. "We wouldn't be able to retire until age 67."

As the first wave of 79 million baby boomers heads to retirement, the nation is dividing into two classes of workers: those who have government benefits and those who don't. The gap is accelerating in every way — pensions, medical benefits, retirement ages.

Retired government workers are twice as likely to get a pension as their counterparts in the private sector, and the typical benefit is far more generous. The nation's 6 million retired civil servants — teachers, police, administrators, laborers — received a median benefit of $17,640 in 2005, according to the Congressional Research Service. Eleven million private-sector retirees covered by traditional pensions got $7,692.

Governments' generosity could have serious consequences for taxpayers and pensioners. Some states — including Illinois, Indiana, Michigan, New Jersey, Ohio and West Virginia — have troubled retirement systems that may require huge tax increases, spending cuts or even defaulting on promised benefits. The U.S. government has a bigger unfunded liability for military and civil servant retirement benefits ($4.7 trillion) than it does for Social Security ($4.6 trillion).

The pension gap will continue to widen because governments pump far more money into employee pensions than companies do. Civil servants earn an average of $12.38 an hour in benefits, about $5 an hour more than private-sector workers, according to the Bureau of Labor Statistics. The difference was just $2.70 an hour in 1995.

Pension promises have "gotten out of hand," says Peter Hanson, 73, chairman of NAI James E. Hanson Inc., a real estate firm in Hackensack, N.J. His firm offers a healthy private pension — up to 25% of compensation, given to employee retirement accounts — but it is tied to profits and given as a lump sum, not a lifetime promise of benefits.

Supporters of government pensions say the decline in private pensions is the problem, not the generosity of public retirement plans. "Rather than lower the bar for public employees, we need to stabilize retirement programs for everyone," says Richard Ferlauto, director of pension and benefit policy for the American Federation of State, County and Municipal Employees, a union with 1.4 million members.

He acknowledges public pensions are getting more scrutiny. "People want to know, 'Why should you have more security than us?' " he says. "It's pension envy."

A sharp contrast

State and local governments have sweetened retirement benefits during the past decade at a time when corporations have soured on them because of their cost. Only 18% of private workers now have traditional defined benefit pension plans, compared with more than 80% of government employees.

Contrary to a widely held notion, the extra government benefits aren't compensation for lower pay. Most government workers are paid more than private employees in similar jobs, and the wage gap is growing.

A typical full-time state or local government worker made $78,853 in wages and benefits in the third quarter of 2006, $25,771 more than a typical private-sector worker, the Bureau of Labor Statistics reports. The difference was $7,604 in 2000. The compensation advantage holds true for all types of public workers, from teachers to laborers and managers. Better benefits for government workers is the biggest reason for the growing compensation gap.

"The government is in direct competition with us for employees. It's hard to compete against these benefit packages," says James Bellis, owner of Tree Tech, a 120-worker tree trimming company in Randolph, N.J. His company has a 401(k) plan that matches up to 2% of employee pay.

By comparison, tree trimmers working for a government in New Jersey would get a pension benefit worth more than three times that.

Superior retirement benefits for civil servants can be traced to the establishment of Social Security, which originally did not cover government employees, says E.J. McMahon, a pension expert at the Manhattan Institute, a conservative think tank that deals with economic policy. Today, three-fourths of government workers participate in Social Security, but their overall benefits have not been reduced accordingly, he says.

The boost in benefits since the 1960s reflects the rising power of public employee unions, which have thrived as industrial labor unions and the benefits they won have eroded, he says.

The growing benefit gap makes government an increasingly attractive employer.

Anneliese Crosby, 46, who codes medical records at a private hospital in Manchester, N.H., is trying to get a government job for financial reasons — better pay, benefits and job security. The hospital recently ended its pension plan for new employees. That didn't affect Crosby, but her retirement depends mostly on contributions to her tax-deferred retirement account.

"It's scary. I feel like I need a second job or to be on the lookout for a new job," she says. "I should put more in my retirement account, but I can't afford it."

Her solution: Apply for a similar job at a Veterans Affairs hospital. She'd get a pay raise, better benefits and a secure future. "My ex-husband keeps encouraging me to get a government job, and he's right about that," she says.

Pensions for civil servants often are superior to private pensions in subtle ways that make a huge financial difference. For example, government pensions:

• Generally base benefits on a worker's top three earning years. Private pensions typically base benefits on the top five years of pay, which lowers the average.

• Often let retirees add the value of overtime, unused leave and other benefits into the pension formula. The results can be extreme. Dover, N.H., Police Chief William Fenniman, 46, added more than $200,000 for severance, sick leave and other payouts into his three-year salary average when he retired in January. This will boost his retirement benefit to as much as $125,000 a year, more than he made as chief.

• Permit early retirement at age 50 or 55 with less of a benefit reduction than private pensions.

• Provide free or subsidized medical care for retirees under age 65 and supplemental coverage after that for those on Medicare.

• More often provide automatic cost-of-living increases to benefits.

Baby boomer retirements will force governments to confront the rising costs of civil servant benefits. The U.S. government's unfunded retirement obligation grew $200 billion last year to $4.7 trillion. That's the amount the government would need today, set aside and earning investment returns, to pay for promised retirement benefits.

'You have to be aggressive'

Before 1984, federal workers had a defined benefit plan and no Social Security. Today, new employees have Social Security and a pension that is part defined benefit plan (lifetime monthly payments) and part defined contribution (a lump sum at retirement).

The pension is more generous than most private pensions, but workers have to pay more to take advantage of the plan. "You have to be aggressive about making contributions if you want a good retirement," says Nichols, the Defense Department employee.

Unlike private pensions, though, the federal system still encourages early retirement. "The sweet spot for me is about age 56. When I run the numbers, the system almost forces me to retire" early, Nichols says. For example, he expects to qualify for a free supplemental annuity at age 56 that provides a benefit equal to what he'd get at age 62 under Social Security.

Another big incentive to retire early: Most governments offer health insurance to early retirees until they qualify for Medicare at 65. Massachusetts spent $377 million on retiree medical benefits last year. The state's unfunded liability for such costs is $13.3 billion, nearly as much as its actual debt of $18.5 billion, which is counted separately.

"It's a burden on taxpayers, of course," says Delores Mitchell, executive director of the Massachusetts Group Insurance Commission, which runs the program. But she doesn't foresee major benefit cuts. "States have a tradition of treating retirees well."

Medical insurance may be the most vulnerable benefit because it has fewer legal protections than pensions, which often are guaranteed in state constitutions. Orange County, Calif., recently slashed promised retiree medical benefits, cutting its liability from $1.4 billion to $600 million. The county hasn't done anything about its pension problem.

"Pension benefits are like a lobster trap. You can get in, but you can't get out," says John Moorlach, an Orange County supervisor who has tried to reduce retirement benefits for government workers.

He blames elected officials for awarding unsustainable retirement benefits to win support from employee unions. "Elected officials love to give generous retirement benefits because they don't cost anything today and they'll be out of office when the payments come due," Moorlach says. "And the public? Eyes droop with boredom when you bring up the topic."

Taxpayers on the hook

The financial soundness of civil servant pensions varies across the country. Government pensions are, on average, in a similar condition as private pensions — about 20% below the assets needed to be properly funded. But some states, especially in the industrial Midwest, have severely troubled pensions.

"The taxes needed to pay for these promises would push many of these states' economies into a death spiral," Chicago bankruptcy lawyer James Spiotto says.

He says public employee unions should not overestimate legal protections for pension benefits. Localities can shed their obligations in a bankruptcy filing, and states, as sovereign governments, can ignore the requirements, he says. "Unions can win all the litigation and still lose because the judgments can't be enforced," Spiotto says.

Tim Lee, executive director of the Texas Retired Teachers Association, says unions understand the cost of the retirement benefits. He says his association's top goal is improving the financial health of the pension fund, not winning new benefits.

As expensive as government pensions are to taxpayers, civil servants don't feel the benefits make them rich. Frank Caron, 49, maintains lab equipment at the University of Massachusetts Amherst. He makes about $40,000 a year.

He has contributed heavily to his pension, including an extra $74 a week to restore pension credit for earlier government jobs. That will let him retire:

• At 55 with 47% of pay;

• At 60 with 72% of pay;

• Or at 65 with 103% of pay.

He also will have medical benefits and be eligible for Social Security at 62. "I've worked hard to have my ducks lined up in a row for retirement," he says.


NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


CLT UPDATES