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CLT UPDATE
Tuesday, March 2, 2010

Government train wreck ahead


A six-month review by the Globe found that municipal health plans, which cover employees, retirees, and elected officials, provide benefit levels largely unheard of in the private sector. Copays are much lower. Some communities do not force retirees onto Medicare at age 65. Many citizens on elected boards - some after serving as few as six years - receive coverage for life, too.

As medical costs across the board rose over the past decade, municipal health care expenses exploded, draining local budgets and forcing major cuts in services, higher property tax bills, and billions in new debt....

The cost of municipal health care more than doubled from fiscal 2001 to 2008, adding more than $1 billion in all to city and town budgets, according to state Department of Revenue data. A Globe survey of 25 communities found that they now devote, on average, 14 percent of their budgets to health care, up from 8 percent a decade ago....

With health costs soaring year after year, communities must ask taxpayers for more money even while providing fewer services. Indeed, local officials say, Proposition 2½ overrides - loathed at kitchen tables - are often attributable, at least in part, to skyrocketing health expenses.

Voters in Weston passed a $1.1 million override in 2006, primarily because of health care costs, which had risen by more than 80 percent in four years....

Beyond the immediate costs, huge liabilities loom. Communities have promised current and future retirees billions in health care subsidies, a burden taxpayers will bear long into the future....

Taxpayers now underwrite as much as 89 percent of active employees’ premiums in some of the state’s largest cities, while private-sector employers often cover less than 70 percent, local and state data show. As health care expenses have climbed for everyone, taxpayers - already paying a generous share of municipal benefits - have been hit especially hard as those benefits have grown more costly.

The insurance plans many cities and towns offer to employees, retirees, and elected officials also require minimal out-of-pocket expenses, with copayments for office appointments as low as $5. Most have copays for emergency room visits of $25 or less.

By comparison, private-sector copays for office visits are typically at least $20, sometimes more, with $75 copays standard for emergency room visits, according to a survey of Massachusetts employers by the state Division of Health Care Finance and Policy. Unlike most municipal plans, private-sector plans also often force subscribers to pay thousands annually in deductibles before insurers pay anything....

Under state law, any municipal employee with 10 years service is eligible, in retirement, to get health care benefits for life from age 55, a benefit typically worth hundreds of thousands of dollars per person....

The generous terms of municipal plans compound the problem, because they create incentives for higher use: Low out-of-pocket costs - particularly the minimal copays - encourage subscribers to use more medical services, thus driving up the overall expense to communities.

Most municipalities also grant spouses generous health care benefits.

In some cases, retirees and spouses live decades beyond the date of retirement, the Globe found in a review of thousands of pages of municipal retirement records....

Less than one-quarter of private-sector retirees nationally receive any health care benefits from their former employers ...

The insurance plans many cities and towns offer to employees, retirees, and elected officials also require minimal out-of-pocket expenses, with copayments for office appointments as low as $5. Most have copays for emergency room visits of $25 or less.

By comparison, private-sector copays for office visits are typically at least $20, sometimes more, with $75 copays standard for emergency room visits ... Unlike most municipal plans, private-sector plans also often force subscribers to pay thousands annually in deductibles before insurers pay anything.

The Boston Globe
Sunday, February 28, 2010
SPECIAL REPORT - Part 1
Runaway health costs are rocking municipal budgets


Mayors, city and town leaders, and state officials, including Governor Deval Patrick, have launched repeated efforts to rein in the expense of providing health care to municipal workers, retirees, and elected officials.

But organized labor, fiercely protective of its members, has largely refused to budge, resisting local efforts to transfer more health care costs to workers and move communities onto the state’s health care plan. State lawmakers have shown little appetite for forcing an overhaul of the system....

The Legislature decades ago also linked health care and pension benefits. Anyone who qualifies for a pension qualifies for health care coverage. But there is one key difference: With pensions, employees have to work decades to earn full retirement benefits; with health care, municipal employees, the moment they reach 10 years of service, are entitled under state law to full benefits when they retire, from age 55.

This has made even relatively low-paying jobs, such as teachers’ aides and school cafeteria workers, highly coveted....

The Legislature responded by crafting a bill to allow cities and towns to shift their employees and retirees from locally managed health care plans to the state’s much larger, more flexible one, called the Group Insurance Commission. Consolidating all municipal plans into the state GIC would save more than $1 billion a year by 2018, according to estimates by the Massachusetts Taxpayers Foundation and the Boston Municipal Research Bureau, two nonpartisan business-backed watchdog groups....

But the bill allowing local communities into the state plan contained a major catch. It required a 70 percent vote of a committee of local union representatives before a municipality could join, effectively giving teachers unions, typically the largest, a veto.

After some early interest, unions have shut the door, and the initiative has fallen far short of expectations....

There are two bills pending on Beacon Hill that would give cities and towns the authority to reduce health care benefits without union approval....

Both bills remain in committee, and proponents are not optimistic they will move forward. A separate measure on Beacon Hill originally included a provision to give communities greater flexibility in setting health care benefits, but it was deemed “too controversial’’ and removed, said state Representative Paul J. Donato, Democrat of Medford, the bill’s lead sponsor.

Meanwhile, even with greater attention in Massachusetts and nationally toward reining in the expense of medical care, no one expects health care costs to stop their rapid rise anytime soon.

“It’s a cataclysmic situation,’’ said Marc Waldman, Wellesley’s treasurer. “Something has to happen.’’

The Boston Globe
Monday, March 1, 2010
SPECIAL REPORT - Part 2
Unions safeguard health benefits


Municipal health care costs in Massachusetts are unjustified and unsustainable. Curbing their excesses is an essential mission for the governor and Legislature....

Cities and towns have been happy to take state aid but have proven incapable of using it wisely by cracking down on abuses in their own payrolls....

There are reasons why such sensible reforms have failed in the past. Workers and retirees represent a disproportionate political constituency in places where other citizens participate only sporadically in local politics, and they refuse to give up such overly generous benefits as doctor visits with copayments of $5 or less. The rest of the taxpayers who are footing the bill should demand changes....

More than money is at stake. Public confidence is eroded when taxpayers feel that the government is being run primarily for the benefit of its workers.... The state’s ability to answer these challenges is directly related to its ability to quell the perception that its workers and officials are gaming the system....

Now the perception that nothing can be done carries the day on Beacon Hill. And yet those same representatives profess to be shocked when voter anger surges against the system, as if they were victims of a natural disaster rather than their own failure to grapple with the state’s problems.

The deficiencies in the municipal health system are real. The solutions are clear enough. Now something must be done.

A Boston Globe editorial
Tuesday, March 2, 2010
Soaring municipal health costs cry out for a state overhaul


The [local meals] tax has generated big bucks for some communities - namely Boston. In October, the most recent month for which figures are available, the tax produced nearly $1.5 million in new revenue for the Hub (far less for a community like Winthrop, which collected just under $8,000).

But frankly those sums pale in comparison to the savings that could be generated by bolder municipal reforms, including a plan that would give local officials broader authority to design health insurance plans for municipal workers. In a “municipal relief” bill unveiled last week state lawmakers, who approved the local meals tax championed by Gov. Deval Patrick, conspicuously left that reform out.

A Boston Herald editorial
Monday, March 1, 2010
Tax leaves a bad taste


Almost 200 high-paid clerk magistrates and their assistants are padding their pockets with thousands of dollars in bail fees, a little-known perk payment that fiscal watchdogs say should go to the cash-strapped commonwealth.

The $40 fees are incurred by suspects who pay bail set by clerk magistrates and assistants after hours, when courts are closed. The fee goes straight to the judicial staffers - on top of their salaries of $84,000 to $110,000.

“This is a striking amount of money these fees are generating for these clerks,” said Michael Widmer, president of the Massachusetts Taxpayers Foundation. “They are paid well. This should be part of their responsibilities.” ...

191 clerk magistrates and assistants collected more than $2.5 million in fees in 2009.... 87 bail commissioners, about a third of whom also have state jobs, collected an additional $734,000.

The Boston Herald
Sunday, February 28, 2010
Hacks pocketing $2.5M in get-out-of-jail fees


Patrick’s much-touted effort to curb police detail expenses paved the way for legal changes two years ago that allowed the state to use civilian flaggers in some cases.

Before the regulations, the cost of traffic control made up about 4.4 percent of the average costs of a roadside construction project. Last year, after the regulations, the average cost fell to 3.1 percent, according to the state....

Police unions say that hiring civilians to do the job can cost as much as $20 more on an hourly basis than police details....

State officials, even as they generally favor shifting more work to civilian flaggers, acknowledge their hourly rate, which varies by job, is usually higher. On the BU Bridge project, the cost for officers was $40 per hour, compared with $48 an hour for civilians ...

The Boston Globe
Sunday, February 28, 2010
Bridge work adds hefty detail bill


Motorists could be paying more to drive their cars under a legislative plan that would hike auto inspection fees by $6 to pay for local and state police training.

The proposal, which would raise auto inspection fees more than 20 percent - from $29 to $35 - is part of a municipal relief bill sent to the House Ways and Means Committee on Tuesday for review.

The Boston Herald
Sunday, February 28, 2010
House mulls hiking car inspection fee


Gov. Deval Patrick is quietly whacking beleaguered Bay State motorists with a $5 fee to use Registry of Motor Vehicle branches to renew their licenses and registrations, outraging critics who say the “back-door tax” hits poor and elderly drivers the hardest.

The fee, which goes into effect today, comes on the heels of a $10 license renewal increase last year....

The RMV has done little to raise awareness of the fee. It was mentioned on an obscure RMV blog posting on Saturday. An internal memo obtained by the Herald says there will not be a promotion of the fee.

[Ann Dufresne, a spokeswoman for the Registry of Motor Vehicles] said the fee hike wasn’t a secret. It has been in the works since it was proposed in April 2009 as part of a series of new fees aimed at raising $75 million. The Legislature approved the package in August, she said.

The Boston Herald
Monday, March 1, 2010
Gov. Deval Patrick keeps driving up RMV fees


Outraged state senators on both sides of the aisle today will push to overturn a “brutal” Registry of Motor Vehicles fee slapped on drivers who conduct some business in person instead of online after a Herald report revealed the cost hike....

Sen. Richard R. Tisei (R-Wakefield) is attaching an amendment to ban the fee to a safe-driving bill under consideration in the Senate today....

“The governor is using the Registry as a cash cow. They’ve been cutting services at the same time they hike the costs,” said Tisei, who is running for lieutenant governor against Democratic incumbent Timothy Murray.

The Boston Herald
Tuesday, March 2, 2010
Blindsided pols take aim at RMV fee


About 30 seats in the Massachusetts Legislature could open up this year as state lawmakers abandon posts they held for years, or even decades, to run for other offices or retire.

As a result, the Legislature appears poised for one of its biggest overhauls in years, amid the taint of a corruption probe, anti-incumbent voter sentiment, and a Republican revolt fueled by the surprise election of Scott Brown to the US Senate.

The Boston Globe
Friday, February 26, 2010
Many giving up seats in Legislature


According to a new bulletin from the non-partisan Massachusetts Taxpayers Foundation (MTF), whose board includes executives from some of the state’s largest companies, the state budget gap for fiscal 2012, which begins July 1, 2010, would be $5 billion if a pair of ballot questions cutting the sales tax pass in November.

The ballot questions, which reduce the sales tax to 3 percent from 6.25 percent and repeal last year’s application of the sales tax to retail alcohol sales, would take effect on Jan. 1, 2011 if approved and would drain $1.2 billion in revenues from the state’s budget base in the last six months of fiscal 2011 alone.

MTF President Michael Widmer told the News Service Monday the group does not have a formal position on either ballot question but would “likely” oppose the sales tax cut.

State House News Service
Monday, March 1, 2010
Report calls for bigger state spending cuts,
warns of $5 Billion budget cap


You did the responsible thing. You saved in your IRA or 401(k) to support your retirement, when you could have spent that money on another vacation, or an upscale car, or fancier clothes and jewelry. But now Washington is developing plans for your retirement savings.

BusinessWeek reports that the Treasury and Labor departments are asking for public comment on "the conversion of 401(k) savings and Individual Retirement Accounts into annuities or other steady payment streams."

In plain English, the idea is for the government to take your retirement savings in return for a promise to pay you some monthly benefit in your retirement years.

They will tell you that you are "investing" your money in U.S. Treasury bonds. But they will use your money immediately to pay for their unprecedented trillion-dollar budget deficits, leaving nothing to back up their political promises, just as they have raided the Social Security trust funds.

Investor's Business Daily
Wednesday, February 17, 2010
Class Warfare's Next Target: 401(k) Savings
By Newt Gingrich and Peter Ferrara


Chip Ford's CLT Commentary

Government in general is collapsing fast all around us, the chickens are coming home to roost.  The piper must be paid as the debt is about to be called in.

We've been warning it seems forever ["The Ticking Time Bomb - Public Employee Benefits"] that this day was steadily plodding toward us, the crisis inevitable if reforms weren't made quickly.

Now that the footsteps are thundering outside the door, more are coming to recognize that the monster we've invited to dinner has arrived -- and we are its meal.

Government can't take enough from us to satisfy this beast, even if it takes our all -- but that doesn't mean government won't try.  It is all government knows.

On every level -- local, state, and federal -- insatiable government is coming for more, trying to stave off the inevitable, keep the gravy train chugging along until the tracks run out. The end of the rails is in sight.

Municipal government has squandered its "embarrassment of riches" and still that wasn't enough. It continues to hike taxes and fees to perpetuate the unsustainable: the untouchable lifestyles of high-rolling public employees (in reality, our masters) at our expense. Their care and maintenance of the style to which they are accustomed is the primary if not sole reason today for government's existence.

To extend this entitlement psychosis a bit longer, more and more cities and towns are adopting a new meals tax, on top of the state's increased 5.65 percent take, raising the total meals tax to 7 percent. Fortunately for us taxpayers (though not for small businesses and family restaurants), at least for now this is still avoidable with a little research:

http://www.mass.gov/Ador/docs/dls/mdmstuf/LocalOptions/LOMeals.xls


The Boston Globe reported:  "On the BU Bridge project, the cost for officers was $40 per hour, compared with $48 an hour for civilians ..."  Forty-eight dollars an hour for a flagman?!?  I definitely took the wrong career path!  After 14 years with CLT I don't earn anywhere near even half that salary, and don't get a pension or health insurance for life.


The Boston Herald reported today that Beacon Hill senators of both parties are "outraged" over the stealth Registry of Motor Vehicles entrance fee hike, but the newspaper yesterday reported: "[RMV spokeswoman] Dufresne said the fee hike wasn’t a secret. It has been in the works since it was proposed in April 2009 as part of a series of new fees aimed at raising $75 million. The Legislature approved the package in August, she said."

If the Legislature approved it -- knowingly or unknowingly -- last August, shame on them.  If the governor imposed it unilaterally without legislative approval then this is an important distinction. If he did so, it is likely unconstitutional under the Massachusetts Constitution, Part the First - A Declaration of the Rights of the Inhabitants of the Commonwealth of Massachusetts, which in part states:

Article XXIII: "No subsidy, charge, tax, impost, or duties, ought to be established, fixed, laid, or levied, under any pretext whatsoever, without the consent of the people, or their representatives in the legislature."


No doubt in recognition of the looming crises, a most unusual number of professional pols are opting out of standing for re-election; instead getting out while the getting is still good.  On Beacon Hill, as well as Capitol Hill, it's like rats abandoning a sinking ship. This behavior might be recognized as the "canary in the coal mine" syndrome. Between these numerous resignations and the public's overall disgust with them and their self-serving ilk, revolution is clearly in the air -- and they smell it coming.

If the nation and our state is to survive, turn things around if there's still time, a major turnover is required this year, an abrupt and immediate change in direction. We're so close to the edge today that we might not be able to survive until another election.


Aw geez, there goes Michael Widmer, president of the so-called Massachusetts Taxpayers Foundation, as usual opposing tax cuts for average taxpayers.

"Widmer said the two tax cuts would remove $2.5 billion a year from the tax base and the sales tax cut would lead to 'massive cuts' in local aid and an 'utter disaster' on the budget front," the State House News Service reported. "'We’ve got this huge structural deficit in fiscal 2012 even if the ballot questions aren’t approved by the voters,' Widmer said. 'If they are, it’s a $5 billion hole.'”

Mikey One-Note again fails to identify how the hole got there, who dug it -- and who enabled the diggers. If his number is accurate and not just another of his scare tactics, that $5 billion came entirely from us -- and all the tax hikes on average citizens he and his deceptively named organization have supported over the years. Mikey's hole was excavated by endlessly increased taxes, hungry borrowing, and spending more than could be justified or afforded.

Widmer and his big-business fat-cats at MTF have yet to support any control of spending by the only means possible:  denying the state its insatiable diet of our money.


While we're going broke paying for generations of public employee golden-parachute pensions and health insurance for life, the federal government's now lusting over our private pensions, our 401(k) retirement funds, with possible plans to expropriate them, take them from us.

Willy Sutton, the famous Great Depression-era bank robber, was asked why he robbed banks. He responded, "Because that's where the money is."

With China, Saudi Arabia, and other nations which fund our nation's massive and growing debt squeamish about loaning the USA any more, Washington needs to find another money source, a large one. Like Sutton, the U.S. Congress has apparently chosen its next target source -- our 401(k) retirement savings accounts. It didn't nationalize failed and failing banks and crony investment houses -- it bailed them out with our money. But now, nationalizing our private pension funds is now under consideration by the Capitol Hill robber-barons  -- replacing them with another promise like Social Security, which itself will soon be bankrupt.  The federal government would like to take our money and replace it with a "guaranteed annuity." They'll probably even promise to deposit it into another one of those "lock-boxes" all our Social Security payroll taxes supposedly went into over our lifetimes.

Do the Fools on the Hill really want to create the run on banks that even the whiff of such monstrous theft would produce?


Revolution 2010 must succeed. We cannot wait until 2012 and expect to have anything -- money, liberty, or any sort of future -- left to ourselves. Even if every bum is thrown out in November, turning around this mess they've created won't be easy or painless or quick. But it's our only hope.

Honest "hope and change" must come in November -- and we must help deliver it.  Or the opportunity will be lost forever, and generations to come will never forgive us.

Chip Ford


The Boston Globe
Sunday, February 28, 2010

SPECIAL REPORT - Part 1
Runaway health costs are rocking municipal budgets
But there’s no will or willingness to roll back benefits granted in palmier times
By Sean P. Murphy


First of two parts

Elizabeth Debski spent eight years as Everett’s city planner, before losing her job in 2006 when a newly elected mayor installed his own team.

But Debski did not leave City Hall empty-handed. In addition to her pension, Debski, at 42, walked away with city-subsidized health care insurance for life. If she lives into her 80s, as actuarial charts predict, taxpayers could pay more than $1 million in all for her family’s health care benefits.

That’s not to say Debski manipulated the system. She simply took what she was owed under a municipal health care system whose generous benefits and colossal inefficiencies are crippling cities and towns across Massachusetts.

A six-month review by the Globe found that municipal health plans, which cover employees, retirees, and elected officials, provide benefit levels largely unheard of in the private sector. Copays are much lower. Some communities do not force retirees onto Medicare at age 65. Many citizens on elected boards - some after serving as few as six years - receive coverage for life, too.

As medical costs across the board rose over the past decade, municipal health care expenses exploded, draining local budgets and forcing major cuts in services, higher property tax bills, and billions in new debt.

“It has got to be dealt with,’’ said Richard Fortucci , the chief financial officer in Lynn. “Or we will all go bankrupt.’’

The cost of municipal health care more than doubled from fiscal 2001 to 2008, adding more than $1 billion in all to city and town budgets, according to state Department of Revenue data. A Globe survey of 25 communities found that they now devote, on average, 14 percent of their budgets to health care, up from 8 percent a decade ago. Somerville, for one, spends $20 million more annually than it did 10 years ago, now devoting almost 20 percent of its budget to health care.

So far, with powerful labor unions resistant to giving away hard-won benefits and a lack of political will in the state Legislature to force changes, efforts to overhaul the system have fallen short.

To be sure, many municipal employees, elected officials, and retirees are paying a greater percentage of their health premiums than ever. Still, almost all of the increase in municipal health care costs in the past 10 years has been shouldered by taxpayers, who are subsidizing plans that are often superior to their own.

“It’s a nice deal,’’ said Debski, now a part-time planner in Malden.

She could get insurance through her husband’s employer but doesn’t, for a simple reason: The municipal plan is far more generous and costs less.

“The system was there,’’ she said. “I find it hard to believe that anyone wouldn’t take what the system offered.’’

A crippling cost

The consequences of failing to face this crisis are on display in many cities and towns, nowhere more vividly than in Lawrence.

In that city, on Feb. 1, children were momentarily trapped in a burning apartment building, down the street from a fire station. But the city had recently shuttered the station, to help close a $24 million budget gap, and firefighters had to race from another location. The children escaped, but the fire chief warned the city it may not be so lucky next time.

Meanwhile, Lawrence, one of the poorest municipalities in Massachusetts, continues to pay among the highest rates in the state for health care benefits. The city’s health care kitty, which it uses to pay for coverage, is currently $4 million in the red.

Health care costs are not the only budget-buster for cities and towns, of course, but their rise has led not just to fewer firefighters in Lawrence but diminished services across the state.

Library hours have been cut in Wayland and Hull. Wakefield has deferred road and sidewalk repairs. Malden has introduced fees for trash pickup. Class sizes have increased in Chelsea. Major layoffs have hit, among others, Boston, New Bedford, Worcester, and Brockton - with officials in all those communities citing rising health care costs as a major factor. Revere last year closed City Hall on Fridays, to save cash.

“What am I going to do next, put a padlock on the police station and tell people to call the State Police instead?’’ asked Mayor Thomas G. Ambrosino of Revere, who, like other mayors, is covered by municipal insurance.

Communities, under a 30-year-old initiative known as Proposition 2½, can raise their tax levy each year by no more than 2.5 percent. In Revere, health care costs are rising at close to 10 percent a year. This fiscal year, the rise in health care expenses alone is projected to consume all of Revere’s $1.5 million allowable tax increase - and then some.

With health costs soaring year after year, communities must ask taxpayers for more money even while providing fewer services. Indeed, local officials say, Proposition 2½ overrides - loathed at kitchen tables - are often attributable, at least in part, to skyrocketing health expenses.

Voters in Weston passed a $1.1 million override in 2006, primarily because of health care costs, which had risen by more than 80 percent in four years.

It proved to be a temporary fix. By 2009 Weston needed more money to cover health care increases, said Donna S. VanderClock, town manager. The town avoided another override after unionized employees agreed to join the state’s health care system, saving about $1.7 million in the first year, VanderClock said.

Beyond the immediate costs, huge liabilities loom. Communities have promised current and future retirees billions in health care subsidies, a burden taxpayers will bear long into the future.

Lynn owes current and future retirees an estimated $450 million in benefits over the course of their lives - five times as much as it takes in annually in taxes, according to estimates by city actuaries. Brookline’s unfunded liability for health care is $320 million; Boston’s is $5.7 billion.

Though some communities, such as Wellesley, Needham, and Boston, have begun putting aside interest-earning money every year to help meet those obligations, the vast majority of municipalities have not. Local officials say they can barely afford to pay today’s health care bills, let alone tomorrow’s.

“We have an unfunded liability of more than $600 million and with no plan to address it,’’ said John Condon, Brockton’s chief financial officer. “Even if we wanted to address it, we don’t have the money for it.’’

‘Very, very rich plans’

Jane Teal said she only wanted to help her hometown when she ran successfully for Lynn City Council in 1995. She served for six years, then stepped down, eventually moving to Florida with her husband. Today, Lynn taxpayers are paying $22,600 a year for the couple’s health care.

“It never crossed my mind that I would get insurance when I ran for office,’’ she said. “But I am glad to have it.’’

Six former city councilors are insured by Everett, plus 12 current ones. In Kingston, 10 part-time elected officials receive town-subsidized health coverage, including four Planning Board members, three Health Board members, and a sewer commissioner, all of whom typically attend two meetings a month.

“That’s the way it’s been done for a long time in Kingston,’’ said Dennis Randall, vice chairman of the Board of Selectmen. “But in tough times, everything should be under review.’’

The extension of benefits to local elected officials is one vivid example of how generous many municipal health care plans are. In fact, national data show that state and local government pay significantly more for health benefits than private employers.

Municipal health care plans were once deemed affordable and have helped cities and towns attract workers to the public sector, where salaries have often been lower. Today, however, they stand out for their comparatively low cost to subscribers and favorable terms.

Taxpayers now underwrite as much as 89 percent of active employees’ premiums in some of the state’s largest cities, while private-sector employers often cover less than 70 percent, local and state data show. As health care expenses have climbed for everyone, taxpayers - already paying a generous share of municipal benefits - have been hit especially hard as those benefits have grown more costly.

The insurance plans many cities and towns offer to employees, retirees, and elected officials also require minimal out-of-pocket expenses, with copayments for office appointments as low as $5. Most have copays for emergency room visits of $25 or less.

By comparison, private-sector copays for office visits are typically at least $20, sometimes more, with $75 copays standard for emergency room visits, according to a survey of Massachusetts employers by the state Division of Health Care Finance and Policy. Unlike most municipal plans, private-sector plans also often force subscribers to pay thousands annually in deductibles before insurers pay anything.

In addition, cities and towns are among the last employers to offer costly indemnity plans, which provide virtually unrestricted medical care. Though phased out in much of the private sector, indemnity plans live on in about a third of Bay State municipalities, according to a 2008 survey by the Massachusetts Municipal Association.

Even with family HMO plans, which typically limit access within a defined network of providers, municipal premiums are, in some cases, 30 percent higher than in the private sector, according to a Globe survey of communities and state data.

Though cities and towns have some control over what benefits they provide, they are limited by state law: Not only does the law subject health benefits to local collective bargaining, the state also imposes certain mandates on municipalities. Communities that offer health care to active workers, for example, must also offer coverage to retirees.

The generous terms of municipal plans compound the problem, because they create incentives for higher use: Low out-of-pocket costs - particularly the minimal copays - encourage subscribers to use more medical services, thus driving up the overall expense to communities.

“When a group uses a high number of services, high premiums result,’’ said Brian Pagliaro, senior vice president of Tufts Health Plan.

Among the communities that pay the highest family premiums are Framingham, which spends $34,075 per family; Waltham, at $30,100; and Everett, at $26,000.

“The municipal plans are rich plans,’’ said Mayor Joseph A. Curtatone of Somerville. “They are very, very rich plans.’’

A boon for retirees

For taxpayers, there is no relief in sight, and for one simple reason: Municipal health benefits are especially good in retirement, and the number of retirees has grown by a steady 2.5 percent per year since 2001, in part because of longer life expectancies.

Under state law, any municipal employee with 10 years service is eligible, in retirement, to get health care benefits for life from age 55, a benefit typically worth hundreds of thousands of dollars per person. (People such as Debski, who have 20 years public service - she worked 12 years in Salem before going to Everett - can immediately qualify if they are terminated, regardless of their age.)

Most municipalities also grant spouses generous health care benefits.

In some cases, retirees and spouses live decades beyond the date of retirement, the Globe found in a review of thousands of pages of municipal retirement records. The widow of a Lynn police officer who retired on disability in his 30s in 1953 is still receiving city-subsidized insurance - 57 years later.

Less than one-quarter of private-sector retirees nationally receive any health care benefits from their former employers, said Roland McDevitt, director of health care research for the consulting firm Towers Watson.

Some cities and towns do not even compel retirees to use Medicare for nonemergency care once they reach 65, in effect leaving millions of dollars in federal subsidies on the table. Instead, retirees choose to stick with the more generous, and more costly, municipal plans.

Communities, under a state law passed in 1991, can force employees to enroll with Medicare, but only if the change is approved by the city council or town meeting. In some places, that has proven politically difficult, given the clout of active and retired municipal workers.

Boston, Lowell, and Lawrence are among those that have yet to adopt the provision. In Boston alone, there are more than 1,500 retirees who are eligible for Medicare but do not take it, costing the city almost $5 million, according to city estimates.

“Getting into Medicare is a tough vote,’’ said Condon, of Brockton. “People don’t like change. And in Brockton, we have more than 700 retirees on the voting rolls.’’

Other municipal retirees don’t sign up for Medicare simply because they are not eligible. Most police, firefighters, and teachers retire before age 65, and are thus too young to be covered by the federal system. That means cities and towns pay as much to insure them - at least until they reach 65 - as they do to insure active employees.

Even when retirees are on Medicare, it is still expensive for municipalities, because state mandates require communities to help cover drug costs and other expenses not paid by the program. By contrast, private-sector retirees are typically on their own.

“In the private sector, when you turn 65, most employers say, ‘Good luck on Medicare,’ ’’ said McDevitt, the national health care consultant. “And that’s it.’’


The Boston Globe
Monday, March 1, 2010

SPECIAL REPORT - Part 2
Unions safeguard health benefits
Strapped towns seek law change
By Sean P. Murphy

Second of two parts


It was the spring of 2009, and Salem Mayor Kim Driscoll, staring at a $1 million shortfall for her city, had an idea: What if she could get employees to pay more for their health care?

Salem had already trimmed 18 positions since 2008, partly to help offset rising municipal health care costs, and Driscoll offered the city’s eight unions a deal: No further layoffs if they agreed to raise, from $5 to $15, certain copayments. She even pledged to pay the first five higher copayments for every worker.

“To my mind, it was a no-brainer,’’ Driscoll said. “But we got turned down by all eight unions. One of them, the police, wouldn’t even discuss it.’’

It is a familiar lament. Mayors, city and town leaders, and state officials, including Governor Deval Patrick, have launched repeated efforts to rein in the expense of providing health care to municipal workers, retirees, and elected officials.

But organized labor, fiercely protective of its members, has largely refused to budge, resisting local efforts to transfer more health care costs to workers and move communities onto the state’s health care plan. State lawmakers have shown little appetite for forcing an overhaul of the system.

The state forbids cities and towns from shifting health care costs to employees without bargaining with unions. It is this aspect of state law that municipal officials say the Legislature must rewrite to address the crisis.

Municipal unions and retiree groups, however, have for decades cultivated close ties on Beacon Hill - spending generously in campaign contributions - and have so far successfully fought major changes.

Nancy O’Donnell, president of the Salem Police Patrolmen’s Association, which represents about 50 patrol officers, said police rejected Driscoll’s proposal for higher copayments because just a year earlier they had reluctantly agreed to her demand that officers pay an additional 5 percent in premiums.

“We didn’t feel it was right to come back for more,’’ she said. “Basically, we had to stand our ground.’’

O’Donnell bristled at the suggestion that employees should bear a greater burden of health care costs. She said it was up to the mayor and other City Hall officials to come up with “creative solutions’’ to the budget crisis, including possible tax increases and better management.

Still, she said, “I really don’t know what the answer is.’’

In recent months, cities and towns from Braintree to North Reading have tried to win similar health care concessions from unions. In Arlington, town officials spent a year at the bargaining table before all unions finally agreed in November to join the state’s health care plan, a move the town said would save as much as $2.5 million annually. But at the last moment, the teachers union backed out, killing the deal.

“It was terribly disappointing and discouraging,’’ said Brian F. Sullivan, town manager. “Without the deal, we’re back to facing a substantial budget deficit.’’

Robert McCarthy, president of the Professional Fire Fighters of Massachusetts, an umbrella group for municipal firefighters, said unions are not about to just give away health care benefits won in tough negotiations over many years.

“It’s not like we’re just sucking this thing dry,’’ he said. “We go by the law. We go by collective bargaining. That’s the system. What are we supposed to do? Give them everything? They have to negotiate. That’s the system.’’

Benchmarks set early

So how did we get to this impasse?

The Legislature first gave cities and towns the authority to provide coverage in the 1950s, but only if approved by the local city council or by town voters.

Many communities initially decided against providing benefits. Those that did give them were limited by law to paying no more than 50 percent of premiums. Across the state, about 10 percent of municipalities - mostly towns - still adhere to that original 50 percent rate, including Hingham, Barnstable, and Hudson, according to a 2008 Massachusetts Municipal Association survey.

Lawmakers gradually gave cities and towns wider discretion in setting the proportion of premiums they could pay. With health insurance historically not a huge budget driver, some municipalities offered, during contract negotiations, to pay a higher percentage in exchange for lesser pay raises.

In 1989, the Legislature established a cap of 90 percent on municipal contributions to HMO premiums. But that cap became a benchmark as many unions fought to increase their benefits.

“Since that time, municipal unions have been aggressively resisting municipal efforts to increase employees’ share of premium cost,’’ said Paul Mulkern, an attorney who specializes in municipal health care law.

The Legislature decades ago also linked health care and pension benefits. Anyone who qualifies for a pension qualifies for health care coverage. But there is one key difference: With pensions, employees have to work decades to earn full retirement benefits; with health care, municipal employees, the moment they reach 10 years of service, are entitled under state law to full benefits when they retire, from age 55.

This has made even relatively low-paying jobs, such as teachers’ aides and school cafeteria workers, highly coveted.

“People understand the value of health care benefits, and there’s great competition to get any job because of the benefits,’’ said Frank J. Zecha, director of the Brookline retirement system.

Push for changes falling short

With great fanfare, Patrick in his 2007 inaugural address invited municipalities into “a new partnership with state government,’’ one that promised to bring long-sought relief from persistent increases in local property taxes.

The Legislature responded by crafting a bill to allow cities and towns to shift their employees and retirees from locally managed health care plans to the state’s much larger, more flexible one, called the Group Insurance Commission. Consolidating all municipal plans into the state GIC would save more than $1 billion a year by 2018, according to estimates by the Massachusetts Taxpayers Foundation and the Boston Municipal Research Bureau, two nonpartisan business-backed watchdog groups.

The GIC saves taxpayers money in two ways, including by requiring employees, retirees, and elected officials to pay more out of pocket.

In contrast to cities and towns, the GIC is free by law to make changes in the health care plans for its 265,000 subscribers without union bargaining. As recently as Feb. 1, the GIC imposed higher copayments to meet a funding shortfall. The GIC, in some cases, requires a $250 copay for hospitalizations; in Boston, subscribers pay nothing.

The GIC also uses its market clout, as the state’s largest purchaser of health care insurance, to get better rates, said Dolores L. Mitchell, the GIC executive director. “We get better service because we are a bigger customer,’’ she said.

But the bill allowing local communities into the state plan contained a major catch. It required a 70 percent vote of a committee of local union representatives before a municipality could join, effectively giving teachers unions, typically the largest, a veto.

After some early interest, unions have shut the door, and the initiative has fallen far short of expectations. In the first year the GIC was offered, 10 municipalities, school districts, and charter schools joined; the second year, there were 15. But then the exodus from local plans ground almost to a halt; only Brookline and Hopedale have signed up to join, as of July 1 of this year.

“The City of Boston would save more than $18 million a year if its employees paid the same copays and deductibles as the state GIC,’’ said Lisa Calise Signori, director of administration and budget for the city. “That’s the entire budget for the Parks Department.’’

Leaders of communities that have joined the GIC say it has made a huge difference. Springfield officials credit the GIC as a major factor in the city’s recent financial turnaround. With Springfield’s finances still shaky, the city’s unions agreed in 2007 to become the first municipality in the GIC. The move lowered annual health care costs by about $7 million.

“The city has definitely saved money,’’ said Linda Parent, Springfield’s city insurance director. “Every study that’s been done shows it.’’

One study, conducted in 2009 by the University of Massachusetts-Boston and Harvard University’s Kennedy School of Government, confirmed Springfield’s savings.

There are two bills pending on Beacon Hill that would give cities and towns the authority to reduce health care benefits without union approval. One was filed by Boston Mayor Thomas M. Menino, the other by the municipal association.

“It’s simple: Health insurance costs are unsustainable over the long term,’’ Menino said. “The more we pay for health insurance, the less we have for city programs.’’

Both bills remain in committee, and proponents are not optimistic they will move forward. A separate measure on Beacon Hill originally included a provision to give communities greater flexibility in setting health care benefits, but it was deemed “too controversial’’ and removed, said state Representative Paul J. Donato, Democrat of Medford, the bill’s lead sponsor.

Meanwhile, even with greater attention in Massachusetts and nationally toward reining in the expense of medical care, no one expects health care costs to stop their rapid rise anytime soon.

“It’s a cataclysmic situation,’’ said Marc Waldman, Wellesley’s treasurer. “Something has to happen.’’


The Boston Globe
Tuesday, March 2, 2010

A Boston Globe editorial
Soaring municipal health costs cry out for a state overhaul


Municipal health care costs in Massachusetts are unjustified and unsustainable. Curbing their excesses is an essential mission for the governor and Legislature.

From 1999 to 2009, the cost of insuring municipal employees and retirees surged from 8 percent of the budgets of Massachusetts cities and towns to 14 percent, according to a Globe survey of 25 communities. That’s hundreds of millions of dollars that are not going to property-tax relief, schools, parks, law enforcement, or any other legitimate government purpose. These costs are a yoke around Massachusetts, hurting the state’s economic prospects.

Cities and towns have been happy to take state aid but have proven incapable of using it wisely by cracking down on abuses in their own payrolls. Lawmakers must enact a thorough overhaul of the system. Their guiding principles should be to sharply reduce costs to taxpayers while providing reasonable health-care coverage to all municipal employees and retirees. People who worked for the government and expected to be covered for life should remain covered. But no one should be exempt from reasonable changes in coverage to bring municipal health costs more in line with the private sector.

The problem to be overcome is twofold: Lifetime benefits promised to workers for too-few years of public service, and a stubborn resistance by the state’s Balkanized municipalities to seek savings in larger group plans or by shifting eligible seniors onto Medicare.

Three reforms that should be enacted as soon as possible are:

• Cities and towns should be compelled to reassess such totally unjustified practices as granting lifelong health benefits to people who serve on local boards for as few as 10 years. In exchange for attending as little as two meetings a month for that period, the officials get lifetime coverage costing taxpayers as much as $30,000 per year. While no current beneficiaries should lose coverage, such boondoggles must end now.

• All beneficiaries over age 65 should be compelled to join Medicare. The shift to the federally subsidized program would reap major savings - $5 million per year in Boston alone. Under current law, cities and towns have the option of moving eligible recipients to Medicare, but local opposition has proved to be insurmountable in some places. The Legislature should require all communities to make the switch.

• Cities and towns should be given the same ability to design their health plans, without municipal worker union approvals, as the state now employs for its own workers. The inefficiency is costing taxpayers as much as $100 million a year, according to the Massachusetts Municipal Association. A bill in the House offers a solution that is fair to both employees and the people who pay their salaries. It would give municipalities the authority to design their own health plans, including raising copays and deductibles, provided that recipients get coverage on par with state workers. Another good reform would be to allow city and town officials to enroll their workers in the state Group Insurance Commission plan without first getting union approval.

There are reasons why such sensible reforms have failed in the past. Workers and retirees represent a disproportionate political constituency in places where other citizens participate only sporadically in local politics, and they refuse to give up such overly generous benefits as doctor visits with copayments of $5 or less. The rest of the taxpayers who are footing the bill should demand changes.

Rather than legislate for the greater good, the forces on Beacon Hill tend to defer to local control. While the system of micromanagement, in which each town operates its own services, has its appeals, it also has weaknesses. And it is incumbent on the state to recognize those weaknesses rather than submit to them.

More than money is at stake. Public confidence is eroded when taxpayers feel that the government is being run primarily for the benefit of its workers. Massachusetts lacks crucial infrastructure, and budget cuts are eating away at such important civic services as libraries and summer jobs for teenagers. The state’s ability to answer these challenges is directly related to its ability to quell the perception that its workers and officials are gaming the system.

Generations of reformers of both parties have failed to curb these and similar excesses, or backed away in favor of more glamorous pursuits. Now the perception that nothing can be done carries the day on Beacon Hill. And yet those same representatives profess to be shocked when voter anger surges against the system, as if they were victims of a natural disaster rather than their own failure to grapple with the state’s problems.

The deficiencies in the municipal health system are real. The solutions are clear enough. Now something must be done.


The Boston Herald
Monday, March 1, 2010

A Boston Herald editorial
Tax leaves a bad taste


Abington gets it.

Last week the Abington Board of Selectmen decided to take no action on a proposal to impose a local tax of .75 percent on restaurant meals, which would have brought the total state and local levy to 7 percent.

Like a number of their South Shore neighbors, selectmen in Abington decided the amount of revenue the tax would generate - an estimated $114,000 a year - wasn’t worth labeling Abington a tax-happy haven.

The local tax “may not seem like a lot, but what it says is Abington has a meals tax,” board chairman Thomas Corbett told the Patriot Ledger.

And if you’re Joe Sub Shop deciding between Abington and nearby Hanover or Rockland for your new location, well, wouldn’t that be part of the equation?

The tax has generated big bucks for some communities - namely Boston. In October, the most recent month for which figures are available, the tax produced nearly $1.5 million in new revenue for the Hub (far less for a community like Winthrop, which collected just under $8,000).

But frankly those sums pale in comparison to the savings that could be generated by bolder municipal reforms, including a plan that would give local officials broader authority to design health insurance plans for municipal workers. In a “municipal relief” bill unveiled last week state lawmakers, who approved the local meals tax championed by Gov. Deval Patrick, conspicuously left that reform out.

About 70 communities have adopted the local meals tax, but we would ask them the same thing the selectmen in Abington asked: Was it really worth it?


The Boston Herald
Sunday, February 28, 2010

Hacks pocketing $2.5M in get-out-of-jail fees
Conflict of interest alleged,
but defenders say current system is ‘best we can do’
By Jessica Fargen


Almost 200 high-paid clerk magistrates and their assistants are padding their pockets with thousands of dollars in bail fees, a little-known perk payment that fiscal watchdogs say should go to the cash-strapped commonwealth.

The $40 fees are incurred by suspects who pay bail set by clerk magistrates and assistants after hours, when courts are closed. The fee goes straight to the judicial staffers - on top of their salaries of $84,000 to $110,000.

“This is a striking amount of money these fees are generating for these clerks,” said Michael Widmer, president of the Massachusetts Taxpayers Foundation. “They are paid well. This should be part of their responsibilities.”

Critics also warn of a possible built-in conflict of interest in the system: Rather than receive a flat fee for every suspect, magistrates collect the fee only if they set bail for a suspect and the bail is paid, potentially creating an incentive to set low bail.

“It’s clearly a temptation. Clearly from the point of view of a purer justice system, you don’t want this question to arise,” Widmer said. “It doesn’t engender trust in the judicial system to have this inherent conflict there.”

The fees are set by statute and can be changed only by the Legislature.

State Bail Administrator Michael J. McEneaney defends the system, saying the fees were instituted to attract and retain employees who wouldn’t do the after-hours work otherwise.

“Don’t trash it unless you have a better system you want to propose,” he said.

Big bucks

Clerk magistrates and assistants - many of whom have lifetime appointments - vastly boost their earnings with the fees compensating them for the inconvenience of late-night and weekend trips to lockups. At least one clerk nearly doubled his salary.

According to information provided by McEneaney:

•  191 clerk magistrates and assistants collected more than $2.5 million in fees in 2009.

•  77 of the 210 clerk magistrates and assistants, or 36 percent, collected more than $15,000 each in fees in 2009; 24 collected more than $25,000 each.

•  87 bail commissioners, about a third of whom also have state jobs, collected an additional $734,000.

Clerks defend the system as just compensation for hard-working employees doing overtime.

It’s “unrealistic to assume you should ask people to work beyond their normal hours of employment without any sort of compensation,” said Keith E. McDonough, clerk magistrate in Lawrence District Court and vice president of the Association of Magistrates and Assistant Clerks. McDonough earned $28,927 in fees last year.

The highest fee earner in 2009 was Worcester District Court First Assistant Clerk Brendan T. Keenan, who made $54,990, bringing his earnings to $147,024. From 2006 to 2009, he made $266,710 in fees. In 2007, he earned $76,170 in fees.

“It’s not easy work at all,” said Keenan, 58. “They can call me at 4 in the morning and I’ll be there within half an hour.”

Keenan is on call one weekend a month and 11 weeknights a month, on average about three times a week.

The second highest fee earner was Brockton District Clerk Magistrate Kevin P. Creedon, who made $42,947 last year in fees, in addition to his $110,221 salary, for $153,168. In four years, Creedon earned $203,078 in fees.

Creedon didn’t return calls seeking comment over three days.

The bail fees aren’t the only instance of public employees pocketing extra money for doing their jobs. The Herald reported this month that Boston City Clerk Rosaria E. Salerno boosted her $100,000 salary with an extra $68,000 from $60 fees for performing justice of the peace weddings.

‘The best we can do’

The system has its genesis in part in court rulings: The Supreme Judicial Court has said bail hearings must be held promptly, generally within about six hours of an arrest, or constitutional issues could arise, according to McEneaney. He notes that magistrates are not required to do after-hours work, and warns the system would collapse without the $40 incentive.

“None of this is perfect,” said McEneaney, who has been bail administrator since 1979. “I think it’s the best we can do and the fairest.”

Experts point out that the system mirrors that in the private sector.

Many private-sector employees, particularly those covered under union contracts, receive extra pay for working overtime, said Fred Foulkes, director of Boston University’s Human Resources Policy Institute.

And although the state may be missing out on millions in fees, at least the suspect-funded system does not strain the Massachusetts coffers, he noted.

“From a taxpayer perspective, I think it’s a very good deal,” he said. “It’s not coming from the state’s budget.”

Years of controversy

The fees have been scrutinized in the past - most recently by a 2003 trial court commission that urged that the fees go to the state coffers - but the issue has special urgency amid the grinding recession. The court system has been hit by cutbacks and reductions as tax revenues have declined.

Many courts have several assistant clerks on staff. Widmer suggested that if after-hours duty were mandatory but rotated, the generously salaried clerks’ on-call time could be spread around without the necessity of extra compensation.

“One can distribute the burden of weekend work or evening work,” Widmer said.

Eliminating the fee also could address ethical concerns. The 2003 commission, which examined state court management and reported to Chief Justice Margaret Marshall, advised that the fee be taken away from clerks to “eliminate the conflict of interest magistrates face when making a judicial decision that can impact their personal finances.”

Requests made over three days to interview Marshall about bail fees were denied.

McEneaney said magistrates and assistants are bound by the same bail-setting guidelines as judges and don’t take the job lightly.

“Nobody here has a vested interest in doing anything other than the best,” he said.


The Boston Globe
Sunday, February 28, 2010

Bridge work adds hefty detail bill
The BU Bridge has been narrowed to two lanes
By Noah Bierman


Police officers in reflective jackets and black ear flaps wave chatty college students across the street with one hand and hold back lines of Cambridge-bound cars with the other, part of a daily traffic control army deployed to keep peace at one of the state’s most chaotic intersections.

Since September, stationing six officers near the foot of the Boston University Bridge for a pair of four-hour shifts has cost taxpayers more than $200,000. Project managers overseeing the rehabilitation of the 82-year-old bridge had initially budgeted an eye-popping $2 million for police details, but after questions from the Globe, they said the cost would be closer to $850,000, and that they are launching a reassessment of their traffic management plan in hope of further trimming the spending.

“We are now evaluating the level of traffic control that is needed,’’ said Luisa Paiewonsky, administrator of the state’s highways. “We are applying some fresh perspective.’’

Governor Deval Patrick has made curbing the expense of police details one of his top political promises as he pledged a more accountable and transparent system for rebuilding the state’s crumbling and neglected bridges. But the BU Bridge continues to rely solely on sworn police officers, a fact that transportation officials attribute to the complexity of the traffic situation there. They say that not only are they reevaluating the possible use of some civilian flaggers at the BU Bridge, but they are also planning to use civilian flaggers in combination with officers during upcoming work downriver on the Longfellow Bridge.

Nearly all of the aging Charles River bridges connecting Boston with Cambridge are scheduled for major renovations over the next five years, part of a Patrick administration’s push to reduce the state’s roster of dilap idated bridges, and a challenge to managing traffic between the cities.

During construction, the BU Bridge has been narrowed from four lanes to two. And this month, workers began two weeks of overnight work on the BU Bridge that keeps it closed to most traffic from 9 p.m. to 5 a.m. During that period, four overnight police officers are assigned to escort emergency vehicles and MBTA buses, which still have access.

The BU Bridge, built in 1928, is named for the Boston University campus it abuts. The bridge is a key artery for the region’s research economy, linking hundreds of thousands of workers, students, and residents with major hospitals and universities in Boston, Cambridge, and Brookline.

The bridge has been deteriorating for decades, and in need of rehabilitation since at least 2001, when it was declared structurally deficient. When the rehabilitation project is complete, the bridge will have three lanes, instead of the current four, to create more room for pedestrians and bicyclists.

On the Boston side, the intersection connects several major roads and overpasses - including Commonwealth Avenue, a Storrow Drive ramp, and Route 2 - along with thousands of pedestrians navigating Boston University’s campus and bicyclists traveling to and from Cambridge. A branch of the MBTA’s Green Line runs along Commonwealth Avenue at the base of the bridge. When gridlock in the area begins, either because pedestrians fail to yield the right-of-way or cars get stuck in an intersection when the light changes, it reverberates through some of the busiest roads in Boston, Cambridge, and Brookline.

“It’s a mess,’’ said Linda Beane, co-president of Cottage Farm Neighborhood Association of Brookline. “It all just backs up into our neighborhood, and specifically at my house.’’

Police officers and highway officials point out that the circumstances around the bridge are highly unusual and say safety was the major factor in assigning police.

“It’s an absolute traffic nightmare,’’ said Jim Carnell, a Boston Police Patrolmen’s Association representative.

Patrick’s much-touted effort to curb police detail expenses paved the way for legal changes two years ago that allowed the state to use civilian flaggers in some cases.

Before the regulations, the cost of traffic control made up about 4.4 percent of the average costs of a roadside construction project. Last year, after the regulations, the average cost fell to 3.1 percent, according to the state. But the BU Bridge’s initial budget would have put the police detail cost at more than 11 percent. Even at $850,000, the costs would amount to 4.7 percent of the budget. (That does not include $78,000 the state spent on police details for a sidewalk reconstruction project on the bridge that was halted last spring, with only one side complete.)

The legal changes affecting flaggers around construction sites left engineers with discretion to use sworn police details, particularly in high-volume, high-speed urban roadways. State transportation spokesman Colin Durrant said the new rules were never intended to eliminate the use of officers assisting with traffic control.

The new guidelines also required input from city officials and police officers. Mayor Thomas M. Menino has been outspoken in his support of using officers, and Boston police officers are receiving the bulk of the assignments for the BU Bridge, with Brookline, Cambridge, and State Police sharing the remainder.

“This is what was determined to be safe, and frankly, it appears to be working,’’ said Boston’s transportation commissioner, Thomas J. Tinlin, whose office helped draft the traffic control plan.

Police unions say that hiring civilians to do the job can cost as much as $20 more on an hourly basis than police details. Carnell said the conditions around the bridge demand officers, who have the right to direct cars to disregard traffic lights to reduce congestion and enhance safety.

State officials, even as they generally favor shifting more work to civilian flaggers, acknowledge their hourly rate, which varies by job, is usually higher. On the BU Bridge project, the cost for officers was $40 per hour, compared with $48 an hour for civilians, at the time the traffic plan was drawn up, according to Durrant.

But Durrant and other state officials say they save money using civilians because they have greater control over the lengths of shifts and the number of flaggers needed for each job.

The Massachusetts Department of Transportation took 16 days to respond to a Globe request for a monthly accounting of police detail hours at the BU Bridge. And even after responding this month, officials offered conflicting information about the spending plan.

Paiewonsky attributed some of the confusion to a major reorganization that merged highways from four different state agencies in November. The BU Bridge reconstruction was initially planned by another state agency, the Department of Conservation and Recreation, which oversaw the bridge prior to the merger.

“We’re still experiencing some transitional issues,’’ she said.

Paiewonsky has ordered one of her deputies to review the use of all police details and assess whether some of the shifts can be dropped or replaced with civilian flaggers. She also wants the review to consider changes in the traffic configuration, red light timing, and other physical attributes around Commonwealth Avenue.

The contractors are behind by four months in the project’s initial construction phase, though state officials say they believe contractors can make up that time by the end of 2011, the official completion date for the project.


The Boston Herald
Sunday, February 28, 2010

House mulls hiking car inspection fee
By Jessica Fargen


Motorists could be paying more to drive their cars under a legislative plan that would hike auto inspection fees by $6 to pay for local and state police training.

The proposal, which would raise auto inspection fees more than 20 percent - from $29 to $35 - is part of a municipal relief bill sent to the House Ways and Means Committee on Tuesday for review.

The fee hike was one of dozens of recommendations in a 45-page report by the Special Commission on Municipal Relief, which was created to come up with ways to save cities and towns money amid steep state budget cuts.

State Rep. Paul Donato (D-Medford), who was co-chairman of the special commission, defended raising inspection rates in a down economy, saying it would save police money.

“It was something the commission felt would have a better impact on the communities by allowing them to have the opportunity to have police training,” he said.

The commission recommended the increase as a way to make up for the $27 million that was cut from the budget for training last year and this year, Donato said.

Other measures in the bill would reduce the number of poll workers required on Election Day and help communities with school regionalization, police and fire mutual-aid agreements and e-billing for municipal services.


The Boston Herald
Monday, March 1, 2010

Gov. Deval Patrick keeps driving up RMV fees
Critics slam new $5 fee for basic branch services
By Hillary Chabot and Edward Mason


Gov. Deval Patrick is quietly whacking beleaguered Bay State motorists with a $5 fee to use Registry of Motor Vehicle branches to renew their licenses and registrations, outraging critics who say the “back-door tax” hits poor and elderly drivers the hardest.

The fee, which goes into effect today, comes on the heels of a $10 license renewal increase last year.

“In this economic climate we shouldn’t be nickel-and-diming people for mandated services,” said state Sen. Steve Baddour (D-Methuen), who co-chairs the Legislative Transportation Committee, and is planning to look into repealing the fee.

Republicans said residents ought to be able to walk in and use their RMV branches without penalty.

“This is a back-door tax that hits the poor and elderly the hardest,” said Tarah Donoghue, spokeswoman for the Massachusetts Republican Party. “They can’t afford or don’t have Internet access and computers. The Patrick-Murray administration is burdening those people who can afford it the least.”

Customers will incur the new $5 fee if they speak with an RMV representative on the phone or go in to one of the 30 branches for the following services:

•  Renewing your driver’s license (except for the 10-year renewal required in person);

•  Getting a duplicate license or Massachusetts ID;

•  Renewing your registration; or

•  Requesting an attested driving record.

The fee won’t be charged for transactions completed online, by mail, or over the RMV’s automated phone system.

“We want to discourage people from going to the branches,” said Ann Dufresne, a spokeswoman for the Registry of Motor Vehicles.

The RMV recorded only 1.8 million online transactions last year for the 4.7 million licensed drivers and the 5.8 million vehicles on the road.

The RMV has done little to raise awareness of the fee. It was mentioned on an obscure RMV blog posting on Saturday. An internal memo obtained by the Herald says there will not be a promotion of the fee.

“Customer advertising . . . will not include the administrative fee separately, but rather the stated renewal or duplicate fee will be listed as $5 greater,” wrote RMV officials in the memo.

Dufresne said the fee hike wasn’t a secret. It has been in the works since it was proposed in April 2009 as part of a series of new fees aimed at raising $75 million. The Legislature approved the package in August, she said.

The fee isn’t a hardship to elderly or low-income Bay Staters, Dufresne said, because they can perform the same tasks for free over the telephone or through the mail if they don’t have Web access.


The Boston Herald
Tuesday, March 2, 2010

Blindsided pols take aim at RMV fee
By Hillary Chabot and Ira Kantor


Outraged state senators on both sides of the aisle today will push to overturn a “brutal” Registry of Motor Vehicles fee slapped on drivers who conduct some business in person instead of online after a Herald report revealed the cost hike.

“It doesn’t seem quite fair,” said Senate President Therese Murray (D-Plymouth). “I assume the members might (vote to eliminate the $5 fee). We didn’t even know it had happened until we read it (in the Herald).”

The $5 charge, which the RMV began charging yesterday, applies to drivers who want to renew their registration or license with the help of a Registry employee - either at an office or over the phone.

Rep. Joseph Wagner (D-Chicopee), co-chairman of the Legislative Transportation Committee, slammed the administration for springing the fee on the public.

“I think the element of surprise is what angered people, and rightly so. I’m angry as well,” Wagner said. “Given the way this has been packaged, I would take a serious look at supporting a rollback.”

Sen. Richard R. Tisei (R-Wakefield) is attaching an amendment to ban the fee to a safe-driving bill under consideration in the Senate today.

The bill bans texting while driving and requires a vision test for drivers over 70 years old.

“The governor is using the Registry as a cash cow. They’ve been cutting services at the same time they hike the costs,” said Tisei, who is running for lieutenant governor against Democratic incumbent Timothy Murray.

Registry of Motor Vehicle spokeswoman Ann Dufresne said the charge is part of a series of changes detailed by Gov. Deval Patrick last year and is meant to encourage the use of online services.

Those who renew via mail, the Internet or an automated phone system won’t face the charge, Dufresne said.

The revolt against the fee - which critics say unfairly targets the poor and the elderly - came as grumpy Bay State drivers encountered the new charges yesterday.

“The waiting is brutal as it is,” said Evelyn Cruiz, 45, of Dorchester. She was hit with the new fee as she renewed her registration at the Chinatown branch. “The fact that you stand here and get a $5 charge, it’s very brutal.”


The Boston Globe
Friday, February 26, 2010

Many giving up seats in Legislature
30 could retire or seek new office
By Stephanie Ebbert


About 30 seats in the Massachusetts Legislature could open up this year as state lawmakers abandon posts they held for years, or even decades, to run for other offices or retire.

As a result, the Legislature appears poised for one of its biggest overhauls in years, amid the taint of a corruption probe, anti-incumbent voter sentiment, and a Republican revolt fueled by the surprise election of Scott Brown to the US Senate.

Democrats hastened to note that most of the departing lawmakers are running for other posts, including sheriff in numerous counties, and the state Senate seat vacated by Brown.

Whatever the reasons for leaving, Republicans are hoping to capitalize on Brown’s success to make inroads in the Democrat-dominated Legislature, especially as the majority party loses some experienced members. They include Representative Marie St. Fleur of Dorchester, who had held onto her seat after tax and financial problems dragged her out of the lieutenant governor race in 2006, and state Senator Joan M. Menard, who was first elected to the Legislature in 1979, and who would have faced a Democratic primary challenger.

The GOP will also lose incumbents. In addition to Brown, Senate minority leader Richard R. Tisei is leaving to run for lieutenant governor. That leaves just three GOP incumbents in the 40-member Senate. At least five of 16 Republicans are also stepping down from the 160-member House.

A number of departing legislators yesterday said their decisions are purely personal.

State Representative Denis E. Guyer, a 43-year-old Dalton Democrat, said he wants to spend more time with his 6-year-old, instead of traveling the 150 miles from his sprawling 22-town district to Beacon Hill. Yes, his seat was previously held for years by a Republican, and, yes, a Republican had announced a challenge. But, he said: “I’m in a very, very solid Democratic district. I did not get the feeling they were ready to throw me out.’’

Senator Marian Walsh, Democrat of West Roxbury, who nearly accepted Governor Deval Patrick’s appointment to a $175,000 patronage job that had been vacant for a dozen years, declined to speak about her decision to leave this year but said in a statement: “I have loved serving the public and being a legislator. I am very grateful to my constituents. It is time now to love something else.’’

Some departing legislators have been tarred by scandal, including Representative Robert P. Spellane, Democrat of Worcester, whom Republican Party spokeswoman Tarah Donoghue dubbed the poster child for all that is wrong on Beacon Hill. In recent years, Spellane was fined for diverting money from his campaign account for personal use; embroiled in a nasty divorce with his wife; and involved in a public altercation with her and her brother at a Little League field, according to the Worcester Telegram and Gazette.

Republicans are expected to seize on ethics scandals that have forced several Democrats out of the Legislature in recent years. Former senator Dianne Wilkerson is awaiting a federal trial on charges that she took bribes, and former senator James Marzilli stepped down after being accused of accosting several women. Salvatore F. DiMasi, the former House speaker, was indicted in a federal corruption probe after his resignation in January 2009, just three weeks after his Democratic colleagues reelected him speaker during an ethics scandal.

DiMasi is accused of taking money from a software firm he helped to win a state contract. Republicans were thrilled at news yesterday that DiMasi’s trial is expected to begin in September, during the campaign.

“Any incumbent who voted for Sal DiMasi has a target on their back,’’ said Jason Kauppi, a Republican consultant. “Scandal was everywhere around him. They still voted for this guy. Someone has to take responsibility for condoning the culture of corruption.’’

Representative William G. Greene Jr. did not vote for DiMasi’s continued leadership (voting for himself instead), but he is retiring anyway. Greene, 69, said his wife has retired, and he wants to join her. Asked whether he was influenced by the political climate, he said: “If I hadn’t decided, that certainly would have helped me decide. But I had decided a long time ago.’’

Twenty members of the House and Senate have already announced they are not running again, according to Massachusetts Democratic Party chairman John Walsh, and more are expected if other political opportunities arise in coming weeks, for instance, if veterans like US Representative William D. Delahunt step aside and create a domino effect of other vacancies.

Three seats in the Legislature are already vacant, including the House seat vacated by William Lantigua, a Democrat who is also the mayor of Lawrence and who resigned under pressure as his city sought state help with a $35 million loan.

Special elections are scheduled to replace the other two in the Senate: Brown, who went to Washington, D.C., after he was elected to the US Senate, and Anthony Galluccio, a Cambridge Democrat and repeat drunk driver who was jailed for failing a breath alcohol test while on house arrest.

The decisions seem to mirror a trend on the national level in which congressmen - including US Senator Chris Dodd of Connecticut, US Representative Patrick Kennedy of Rhode Island, and US Senator Evan Bayh of Indiana - have announced their intentions to step aside.

“It would seem that people are deciding that now is the time to get out, better to bow out than to lose,’’ said Kauppi. “I think you’re probably going to see more of that in the coming weeks because they need to get out of the race and allow someone else to run and get the signatures.’’

But John Walsh, the Democratic Party chairman, is unwilling to cede any ground to Republicans, pointing to history as his guide. In 2004, Governor Mitt Romney introduced 131 Republican candidates and led a $3 million effort to boost Republican representation in the Legislature. Instead, the GOP lost three seats that year. In 2008, Walsh noted, Democrats reclaimed every one of the 15 open seats.

“Some people feel like the world changed on Jan. 19,’’ he said, pointing to the date of Brown’s victory in the special election. “But last time there were 15 open seats and when the dust settled, every single one of them had been filled by a Democrat. And three of these had been filled by a Republican the year before.’’


State House News Service
Monday, March 1, 2010

Report calls for bigger state spending cuts,
warns of $5 Billion budget cap
By Michael Norton and Jim O’Sullivan


While Gov. Deval Patrick says his budget proposal features $800 million in spending cuts, a business-backed group on Monday called for deeper spending reductions, highlighting the governor’s inclusion of $2.1 billion in one-time funds and tax cuts headed for the November ballot that threaten to open up a “huge” hole in the state budget for next year, when the state could have a new governor.

According to a new bulletin from the non-partisan Massachusetts Taxpayers Foundation (MTF), whose board includes executives from some of the state’s largest companies, the state budget gap for fiscal 2012, which begins July 1, 2010, would be $5 billion if a pair of ballot questions cutting the sales tax pass in November.

The ballot questions, which reduce the sales tax to 3 percent from 6.25 percent and repeal last year’s application of the sales tax to retail alcohol sales, would take effect on Jan. 1, 2011 if approved and would drain $1.2 billion in revenues from the state’s budget base in the last six months of fiscal 2011 alone.

MTF President Michael Widmer told the News Service Monday the group does not have a formal position on either ballot question but would “likely” oppose the sales tax cut.

Widmer said the two tax cuts would remove $2.5 billion a year from the tax base and the sales tax cut would lead to “massive cuts” in local aid and an “utter disaster” on the budget front.

“We’ve got this huge structural deficit in fiscal 2012 even if the ballot questions aren’t approved by the voters,” Widmer said. “If they are, it’s a $5 billion hole.”

House budget chief Charles Murphy said passage of the two proposals would leave the state budget “in a world of hurt.”

“I get the sense that this is something that people are just starting to think about,” he said.

Patrick aides say his spending plan features a blended approach to budget-balancing, including some new revenues from taxes – on candy and soda, for instance, and through the scaling back of film and life sciences industry tax breaks - spending cuts and the use of federal stimulus law and rainy day reserve funds.

But the foundation is recommending an additional $700 million in spending cuts next fiscal year, to reduce the use of one-time revenues to $1.4 billion, Widmer said. The report says one-time revenues account for 75 percent of the governor’s fiscal 2011 budget fixes and calls that “the major concern” with his spending plans.

In addition to more spending cuts, the foundation, claiming Patrick’s $175 million rainy day fund draw could trigger a downgrade in the state’s credit rating, is calling on the Legislature to build up the rainy day account but not making that withdrawal and by directing to the account $160 million in anticipated Medicare reimbursements and $300 million from debt restructuring. The changes could build the account up to more than $1 billion.

The foundation predicts that next year “there will be virtually no reserves to count on” and “no possibility that the economic recovery will produce sufficient revenues” to close the state’s persistent structural budget gap – a chasm measured in billions rather than millions in recent years.

While lamenting the alleged delaying of spending cuts until fiscal 2012, the MTF describes the level funding of most accounts in Patrick’s budget for fiscal 2011 as “good news.” In an interview, Widmer explained the dueling sentiments, “The bad news trumps the good news, is another way of saying it,” he said.

Both the House and Senate budget chiefs said they intended to make use of the American Recovery and Reinvestment Act funds.

Sen. Steven Panagiotakos said, “The problem with ARRA is: is the federal government going to wean us off it, or is it just going to be cold turkey because if it is, just on the [federal medical assistance], that would be a $1.3 billion problem in FY ’12.”

Murphy said the plan that emerges from his committee would contain more severe spending reductions than Patrick’s blueprint. “We are going to have deeper cuts,” the Burlington Democrat said.

“We’ve got to do the math. We’re not doing revenue [increases],” Murphy said.

Murphy said legislative leaders were working to agree on a figure for the level of aid the Legislature will set aside for municipalities, and hoped to reach a compromise before local budget deliberations.

“Obviously, you want one in place before that season kicks off in earnest,” Murphy said.

Panagiotakos agreed that the Legislature would need to trim more aggressively than Patrick. Asked how much, he replied, “I’m not sure yet, we’re doing that analysis now. It’s about building a sustainable budget.”

The Lowell Democrat said he expected revenues to grow at a “much lower level” than they did in the years leading up to the current recession.

The foundation says it’s “striking” that Patrick proposes as much spending next year as the state approved for spending in fiscal 2009, yet is based on forecasted tax revenues of $19.05 billion, or $2.35 billion less than the $21.4 billion projection used to build the fiscal 2009 spending bill.

Patrick has described his bill as a $28.2 billion spending plan; MTF says the bottom line, after taking into account spending rendered “off-budget,” totals $31.7 billion. Widmer did not quarrel with the administration’s bottom line and said the foundation’s tabulation offered a fuller accounting of spending.

Administration officials have defended heavy usage of one-time federal stimulus funds and monies from the state’s rainy day account, saying both sources of revenue are intended to preserve essential services and to help the state deal with budget emergencies.

The foundation hasn’t taken a position on expanded gambling, which is expected to consume legislative attention soon on Beacon Hill, and doesn’t plan to, Widmer said. The issue features potential major budgetary ramifications and Widmer said his group planned to conduct an analysis of revenue claims made by casino proponents.

“It would be nice if the numbers were realistic. What happened last time during debate the proponent sit became so exuberant that the revenues were basically going to solve all of the state’s fiscal ills forevermore. There wasn’t’ a part of the budget that wasn’t going to be solved. I hope the debate has some realism about what can be expected in terms of real revenues.”

House Speaker Robert DeLeo said Monday that a bill sanctioning expanded gambling in Massachusetts is likely to be released in a "two- or three-week period" and that the House would likely debate it in late March or early April.

Other observations included in the MTF bulletin:

•  Medicaid and health insurance for state employees and retirees account for $1.14 billion in proposed spending increases in Patrick’s fiscal 2011 budget, with the “vast majority” of other programs funded at fiscal 2010 levels. Despite $265 million in cost savings, Medicaid would still increases by $909 million, or nearly 10 percent.

•  Enrollment in the state health plan run by the Group Insurance Commission is nearing 198,000, growing by 20,000 this fiscal year with 7,800 more workers scheduled to join in July, including 4,000 from municipalities, nearly 1,400 from the former Massachusetts Turnpike Authority, nearly 1,600 from the MBTA, and about 600 from county sheriff offices.

Senate President Therese Murray said Monday that the state Group Insurance Commission “can’t handle” taking on the employees of every city and town in the state, even as state officials have sought to induce more municipalities to sign up. “It’s not possible to bring them all in,” she said, pointing to the administrative costs of adding thousands of enrollees.

•  Commonwealth Care, the subsidized insurance program created by the state’s 2006 health care law, receives a $115 million increase under Patrick’s budget, to $838 million, to address an increase in enrollment of 20,000.

•  The bulletin says Patrick’s budget includes $220 million in spending cuts, but Widmer said cuts and other efforts to mine efficiencies total $600 million in savings, with another $200 million more tied to debt restructuring.


Investor's Business Daily
Wednesday, February 17, 2010

Class Warfare's Next Target: 401(k) Savings
By Newt Gingrich and Peter Ferrara


You did the responsible thing. You saved in your IRA or 401(k) to support your retirement, when you could have spent that money on another vacation, or an upscale car, or fancier clothes and jewelry. But now Washington is developing plans for your retirement savings.

BusinessWeek reports that the Treasury and Labor departments are asking for public comment on "the conversion of 401(k) savings and Individual Retirement Accounts into annuities or other steady payment streams."

In plain English, the idea is for the government to take your retirement savings in return for a promise to pay you some monthly benefit in your retirement years.

They will tell you that you are "investing" your money in U.S. Treasury bonds. But they will use your money immediately to pay for their unprecedented trillion-dollar budget deficits, leaving nothing to back up their political promises, just as they have raided the Social Security trust funds.

This "conversion" may start out as an optional choice, though you are already free to buy Treasury bonds whenever you want. But as Karl Denninger of the Market Ticker Web site reports: "'Choices' have a funny way of turning into mandates, and this looks to me like a raw admission that Treasury knows it will not be able to sell its debt in the open market — so they will effectively tax you by forcing your 'retirement' money to buy them."

Moreover, benefits based on Treasury bond interest rates may be woefully inadequate compensation for your years of savings. As Denninger adds, "What's even worse is that the government has intentionally suppressed Treasury yields during this crisis (and will keep doing so by various means, including manipulating the CPI inflation index) so as to guarantee that you lose over time compared to actual purchasing power."

This proposal follows hearings held last fall by House Education and Labor Committee Chairman George Miller, D-Calif., and Rep. Jim McDermott, D-Wash., of the Ways and Means Committee focusing on "redirecting (IRA and 401k) tax breaks to a new system of guaranteed retirement accounts to which all workers would be obliged to contribute," as reported by InvestmentNews.com.

The hearings examined a proposal from professor Teresa Ghilarducci of the New School for Social Research in New York to give all workers "a $600 annual inflation-adjusted subsidy from the U.S. government" in return for requiring workers "to invest 5% of their pay into a guaranteed retirement account administered by the Social Security Administration."

Argentina provided a precedent in 2008, taking over that country's private retirement accounts for forced investment in government bonds to cover spiraling deficits. Ambrose Evans-Pritchard editorialized at the time in Britain's Daily Telegraph that this may be "a foretaste of what may happen across the world as governments discover .. . that the bond markets are unwilling to plug the (deficit) gap. . .. My fear is that governments in the U.S., Britain and Europe will display similar reflexes."

This is just the latest chapter in what is developing into a war by the left on America's seniors. All that class-war rhetoric about "the rich" ends up targeting seniors, who tend to have accumulated the most in savings and investment on average because they have been around the longest.

President Obama, House Speaker Pelosi and Senate Majority Leader Reid targeted seniors for hundreds of billions in Medicare cuts to finance expanded Medicaid for the poor and other new entitlements in the ObamaCare health care takeover legislation. If you liked your health insurance, you were supposed to be able to keep it, except for the 25% of seniors who had chosen Medicare Advantage private health plans for their Medicare coverage.

Even the Medicare actuaries estimated that most of those seniors would lose their Medicare Advantage coverage because of all the ObamaCare cuts for those plans. Obama has even begun rationing for seniors under Medicare by slashing payments to heart and cancer specialists serving seniors under that program.

All of this reflects a fundamental problem underlying socialist economic policies. If the government keeps punishing responsibility and rewarding failure, society ends up with a lot less responsibility and a lot more failure, destroying prosperity in the process.

As former British Prime Minister Margaret Thatcher said, "The trouble with socialism is you run out of other people's money to spend." And now they want to spend our retirement savings.

Congressional Republicans should introduce legislation to block the government from ever proceeding with anything like this. Call it the "Keep Your Hands Off My 401(k) Act of 2010."

Gingrich is former speaker of the House. Ferrara is director of entitlement and budget policy for the Institute for Policy Innovation.


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


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