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CLT UPDATE
Thursday, November 20, 2014

Despite the state Constitution, pols are back for another pay hike


Beacon Hill officials, eyeing the possible use of the lame duck Legislature, are poised to give significant pay raises to the governor, other elected constitutional officers, and House and Senate leaders.

The pay hikes could boost top legislative leaders well beyond their current $102,000 in total compensation. It could also give increased cost-of-living raises to rank and file lawmakers, and raise the governor’s salary more than $25,000.

The push for the increases began last summer when legislative leaders used a little noticed budget rider to create a special advisory commission on compensation. Proponents argue that the top officials’ salaries lag far behind those of the employees they manage and are far less than comparable private-sector wages....

The commission — which has not yet reached final conclusions — must publicly release its recommendations by Dec. 1. But if lawmakers don’t approve the plan before the end of the 2013-14 legislative session, state conflict-of-interest laws could block implementation of the pay hikes for two to four years.

To avoid such a delay, House and Senate leaders, who have a personal stake in the outcome, could push for a vote on a salary increase plan before Jan. 7....

Likewise, the cost-of-living raises for rank-and-file lawmakers might be delayed unless they’re approved this session.

The issue is particularly important for House Speaker Robert DeLeo and incoming Senate President Stanley Rosenberg, both of whom could see significant pay hikes....

The Legislature, by its own rules, has suspended formal sessions for the year. The leaders could call lawmakers back for a special formal meeting, but that would be unusual.

One alternative would be to use the informal sessions that meet twice a week. But, under those rules, a single lawmaker is able to put a hold on any consideration of a matter....

The seven-member compensation panel, whose existence and work had gained little notice despite several public hearings, was also charged by the legislative leadership to consider a change in biannual cost of living raises for rank and file legislators that, if adopted, would give them a $4,000 raise — larger than one set by the current system, which has been controversial.

If the new formula is approved, lawmakers could get a raise to $63,994 this January above their current $60,032 salaries.

The Boston Globe
Thursday, November 20, 2014
State’s political leaders up for pay raises


Question 1: Proposed Amendment to the Constitution

A YES vote would prohibit state legislators from changing their base pay and instead would adjust that pay according to changes in median household income.

SUMMARY: This proposed constitutional amendment would prohibit the state Legislature from changing the base compensation received by members of the Legislature as of January 1, 1996. As of the first Wednesday in January of 2001, and every second year thereafter, the base compensation would be increased or decreased at the same rate as increases or decreases in the median household income for the Commonwealth for the preceding new year period, as ascertained by the Governor....

A "Yes" vote will prohibit legislators from voting themselves across-the-board pay raises.

The Official Massachusetts Information for Voters booklet
The 1998 Ballot Questions
Published by William Francis Galvin
Secretary of the Commonwealth


Hundreds of vacant state jobs have been posted since Election Day — including dozens of high-level positions in Gov. Deval Patrick’s lame-duck administration — raising suspicions the departing Democrats might stage a hiring party before Republican Gov.-elect Charlie Baker takes office.

“What I hope is not happening is that the administration is packing positions as to preclude the new administration from having the discretion and option of picking the people that they trust and want,” said Greg Sullivan, a former inspector general now at the Pioneer Institute.

“The government has to operate and it has to perform essential functions no matter who is in the Corner Office. But I don’t think it’s in the public interest for the outgoing administration to be locking people into some of these jobs.” ...

The posting spike comes as Patrick separately is granting 500 managers union representation, shielding them from any Baker house-cleaning.

The Boston Herald
Wednesday, November 19, 2014
Lame-duck hiring spree feared


Gov. Deval Patrick is pushing $66 million in local aid cuts, a proposal that has municipal leaders howling.

Others note the Legislature’s unwillingness to act on the cuts could effectively kick a looming budget shortfall down the road to incoming Gov. Charlie Baker.

House Minority Leader Brad Jones called Patrick’s proposal a “non-starter” for House Republicans, adding he doesn’t see the Legislature “embracing” the bill in its remaining informal sessions this year. Andrew Bagley of the Massachusetts Taxpayers Foundation noted lawmakers have “never historically decided to go for” cuts to local aid.

If the Legislature doesn’t act, and given all pending bills die once the next governor takes the reins, any necessary cuts, to local aid or otherwise, would then fall to Baker, who a spokesman last night said “hopes local aid is the last place the Legislature would ever look to for cuts.” ...

Jones questioned why Patrick didn’t consider a hiring freeze to cut costs, noting a Herald story yesterday that highlighted some 500 open positions around state government, including dozens of administrator jobs.

“We have, what with six weeks left of the current administration?” Jones said. “Hiring maybe should be left to the next administration after all to avoid any political chicanery.”

The Boston Herald
Thursday, November 20, 2014
Deval Patrick plans to slash $66M from aid to cities, towns


Chip Ford's CLT Commentary

In 1998 CLT and its members were the only outspoken opponents to the Legislature's proposed constitutional amendment when it appeared on the ballot.  It was sold as a means to prevent the Legislature from ever again hiking its own salaries.  This came after the infamous 55% pay grab the Legislature voted for themselves in December of 1994, in a previous lame-duck, post-election session.

In 1995, CLT as part of the rapidly-formed Coalition for Payraise Repeal (composed of CLT, before I worked for it; LIMITS, the state term limits group; United We Stand America, the old Ross Perot group, and; the organization I ran back then, No Means No/Freedom First; I was its chairman) collected signatures to put that 55% payraise on the ballot for repeal.  We called that coalition "CPR" (it's logo image appears to the left.)

The Secretary of State (then Michael Joseph Connolly) sought a legal opinion from the state Attorney General's office (then Luther Scott Harshbarger) as to the constitutionality of our ballot question effort.  It was ruled unconstitutional as it allegedly violated Article 48:  "No law ... that appropriates money ... shall be subject of of a referendum petition."  We then challenged that administrative determination before the Superior Court, which also ruled against us:  Our effort was killed before the repeal could reach the ballot for voters to decide whether legislators deserved an immediate 55% pay raise.

A few short years later and still not forgotten with that indecent pay raise comfortably secured and imbedded the Legislature moved to secure future pay raises in perpetuity and forever beyond the reach of mere voters.  It proposed an amendment to the State Constitution which they sold as prohibiting legislators from ever again voting themselves across-the-board pay raises.

On September 1, 1998 I wrote:


CLT&G Update
Tuesday, September 1, 1998
http://cltg.org/cltg/cltg98-2/cltg98-09-01.html

Imagine, you're caught red-handed stealing cookies from Mom's cookie jar. She scowls, tapping her foot. Putting on your most innocent face, you look up and plead, "Mom, if you don't punish me this time, I promise I'll never do it again, honest."

But when she catches you elbow-deep in the jar a week later, cookie crumbs all over your chin, you implore: "I know I promised, mom, but it's different this time."

In December of 1994, in a lame-duck, post-election session, "The Best Legislature Money Can Buy" took for itself an outrageous 55 percent pay raise.

The next year, threatened by our initiative petition for "A Law to Encourage a Citizen Legislature Accountable to the People" (aka, the CLT&G Payraise Repeal), the Legislature took immediate steps in a propaganda campaign to defuse our plan to cut not only their pay but the legislative session in half as well, to six months.

Having achieved one of the highest salaries of any state legislature in the nation, the Legislature is proposing a constitutional amendment that will forever lock in the ill-gotten pay increase, automatically adjust it to the economy every two years, and enshrine it in the state Constitution, safeguarding it forever from being tampered with by the voters.

That proposed constitutional amendment will be Question 1 on the November ballot. If approved by enough foolish voters, it will make our legislators the only human beings in the history of the world to have a constitutionally mandated and protected salary and perpetual pay raises. (More on this later.)

But the other action they took in their attempt to deflect our criticism was to establish joint legislative rules that ended formal sessions in election years not later than July 31st, before legislators could get their hands on election-year goodies or become "lame ducks" immune from voter retribution. We were all supposed to be impressed.

But we knew then that, as soon as us "stupid voters" were supposed to forget or looked the other way the hands would be right back in the cookie jar and the excuse would be, "But mom, things are different now."

(Note:  When Barbara's CLT merged with my Freedom First in 1996 we agreed to change the organization's name to Citizens for Limited Taxation and Government, which soon after we discarded as too unwieldy.)

Proposed constitutional amendments must go before the voters before being ensconced in the State Constitution forever, for all intent.  CLT and its members opposed it on a number of grounds one being the fact that such an amendment could and would never be changed, as any citizen petition to do so required a 25% favorable vote in the Legislature to ever reach the ballot, and that would never happen. (The citizens' "term limits" petitions [two different ballot questions to accomplish the same end] and other attempted limitations on the Legislature's power have never achieved that goal.)

CLT did everything in its power at that critical time to inform and alert voters to this false sales-pitch from news releases (Oct. 1, 1998, "CLT&G Informs Public About Question One") to even buying radio ads around the state.

Despite our best efforts to inform them, voters who erroneously believed they were voting to "prohibit legislators from voting themselves across-the-board pay raises," overwhelmingly (over 60%) supported the constitutional amendment by a vote of:

YES:  1,170,031
NO:    538,729
BLANKS:   225,517

Nonetheless, in 2003 then-House Speaker (and since convicted felon) Thomas Finneran pushed to hike the pay of his "leadership team" unilaterally (as we predicted would happen). As the Boston Herald reported on May 2, 2003 ("Speaker takes floor to save biz tax credit"):  "While most eyes were on the House, the Senate, as expected, quietly approved a controversial bill allowing leadership pay hikes without Romney's OK."

So here we are again with our alleged representatives in the state House and Senate scheming on ways to again profit themselves at our expense despite the Constitutional amendment they shoved past the voters under a now-undeniable false premise that it would "prohibit legislators from voting themselves across-the-board pay raises."  How they plan to circumvent that amendment of their own design and sales pitch is beyond me.

But unfortunately lately, too much that we once believed as sacrosanct constitutional has been ignored when inconvenient, relegated to history's dustbin until and unless we the citizens rise up.


Meanwhile, another case of lame-duck government is showing its darkest side, much like it did in 1995 when legislators voted to hike their pay by 55%.  Now it's outgoing (at long last!) Gov. Deval Patrick, who is packing the eternal, ever-expanding bureaucracy with his choices  before the new, Republican Charlie Baker has a chance to be sworn in, never mind pick his own administrators.  This is after Gov. Patrick made many if not all of those positions subject to him "granting 500 managers union representation, shielding them from any Baker house-cleaning."

At the same time, outgoing (yea!) Gov. Patrick is "pushing $66 million in local aid cuts" to balance his unbalanced budget.

It appears like Mini-Me's joined-at-the-hip mentor, Mr. President Barack Hussein Obama he intends to take down what he was elected to administer before stepping out and leaving us mere taxpaying citizens behind, to fend for ourselves in his backwash.

Chip Ford


 

The Boston Globe
Thursday, November 20, 2014

State’s political leaders up for pay raises
By Frank Phillips

Beacon Hill officials, eyeing the possible use of the lame duck Legislature, are poised to give significant pay raises to the governor, other elected constitutional officers, and House and Senate leaders.

The pay hikes could boost top legislative leaders well beyond their current $102,000 in total compensation. It could also give increased cost-of-living raises to rank and file lawmakers, and raise the governor’s salary more than $25,000.

The push for the increases began last summer when legislative leaders used a little noticed budget rider to create a special advisory commission on compensation. Proponents argue that the top officials’ salaries lag far behind those of the employees they manage and are far less than comparable private-sector wages.

The governor, for instance, earns a salary of $151,800, less than the pay of his Cabinet members, state judges, and those who run the university systems — by $20,000 or more. The attorney general is paid $130,582, $40,000 a year less than what district attorneys make.

“I think it is indefensible from a management perspective that the CEO of a $36.5 billion institution earns less than his direct-reports,’’ said Ira A. Jackson, chairman of the commission and dean of the University of Massachusetts/Boston’s McCormick Graduate School of Policy & Global Studies.

The pay for constitutional officers in Massachusetts is higher than in most states, but less than in some comparable states, according to the commission’s preliminary findings. The governor of Pennsylvania, for instance, earns $187,818. The governor of New York earns $179,000. The governor of Michigan is paid $159,300.

The Massachusetts secretary of state is paid $130,262. That’s less than in Pennsylvania ($135,228) and Florida ($140,000) but more than in New York ($120,800) and Connecticut ($110,000).

The commission — which has not yet reached final conclusions — must publicly release its recommendations by Dec. 1. But if lawmakers don’t approve the plan before the end of the 2013-14 legislative session, state conflict-of-interest laws could block implementation of the pay hikes for two to four years.

To avoid such a delay, House and Senate leaders, who have a personal stake in the outcome, could push for a vote on a salary increase plan before Jan. 7.

Here’s why the timing is critical: State law prohibits public officials from participating in matters in which they have a financial interest in the “reasonably foreseeable” future. But if the raises for House speaker and Senate president are approved before the end of the current session — and before the 2015-16 speaker and president are officially elected by their colleagues — the incoming officials could have access to the increases.

Likewise, the cost-of-living raises for rank-and-file lawmakers might be delayed unless they’re approved this session.

The issue is particularly important for House Speaker Robert DeLeo and incoming Senate President Stanley Rosenberg, both of whom could see significant pay hikes.

And for DeLeo, the value of his state pension is on the line. House rules that dictate an eight-year term for a speaker bars him from serving another term after the 2015-16 session. Pensions are based on state employees’ top three earning years.

But getting approval this year could be a problem. The Legislature, by its own rules, has suspended formal sessions for the year. The leaders could call lawmakers back for a special formal meeting, but that would be unusual.

One alternative would be to use the informal sessions that meet twice a week. But, under those rules, a single lawmaker is able to put a hold on any consideration of a matter.

Legislators do plan a return to the State House in mid-December, when departing legislators have a chance to make farewell speeches. Those informal House and Senate sessions could be converted to formal sessions with a quick bang of the gavel, where roll call votes can be taken. The leadership could also use the excuse of calling back lawmakers to vote on budget cuts just submitted by Governor Deval Patrick.

DeLeo’s spokesman Seth Gitell said the speaker would not comment on the timing of any legislative action. He also said DeLeo wants to review the final recommendations before commenting.

The seven-member compensation panel, whose existence and work had gained little notice despite several public hearings, was also charged by the legislative leadership to consider a change in biannual cost of living raises for rank and file legislators that, if adopted, would give them a $4,000 raise — larger than one set by the current system, which has been controversial.

If the new formula is approved, lawmakers could get a raise to $63,994 this January above their current $60,032 salaries.

A preliminary report issued the day after the Nov. 4 election makes it clear that the panel is indeed charged with building a case for significant upward adjustments.

For example, the Legislature directed the group to compare public salaries to private sector pay for managers of similar enterprises. The preliminary report repeatedly cites the large discrepancy between elected officers holders and those they oversee.

For example, it clearly hints that the salaries of the House speaker and Senate president could be raised by more than 50 percent. It cites the “enormous authority” each positions wields and notes that their annual pay is only 67 percent of the governor’s $151,800 salary. It even cites a 2008 “advisory board” recommendation to pay them $159,000 each.

Comparing their salaries to the chairman of the boards of similarly sized enterprises, the commission report claims the Senate president and House speaker earn only 15 percent of the average $664,964.


The Official Massachusetts Information for Voters booklet
The 1998 Ballot Questions
Published by William Francis Galvin
Secretary of the Commonwealth


Question 1: Proposed Amendment to the Constitution

A YES vote would prohibit state legislators from changing their base pay and instead would adjust that pay according to changes in median household income.

SUMMARY: This proposed constitutional amendment would prohibit the state Legislature from changing the base compensation received by members of the Legislature as of January 1, 1996.  As of the first Wednesday in January of 2001, and every second year thereafter, the base compensation would be increased or decreased at the same rate as increases or decreases in the median household income for the Commonwealth for the preceding new year period, as ascertained by the Governor.

IN FAVOR: A "Yes" vote would change the state constitution to prohibit legislators from voting to increase their base salaries.  It would freeze these salaries until the year 2001 and then legislators' salaries would be tied to the increase or decrease in the median income in Massachusetts.  It would also remove legislators from the awkward and inherently controversial practice of voting for their own pay levels.

If the median household income increases, then legislator's pay would increase by that same rate. If the median household income decreases, legislator's salaries would decrease by that same rate.  The salaries of legislators just like the salaries of everyone else will be tied to the economy.

A "Yes" vote will prohibit legislators from voting themselves across-the-board pay raises.


The Boston Herald
Wednesday, November 19, 2014

Lame-duck hiring spree feared
By Matt Stout


Hundreds of vacant state jobs have been posted since Election Day — including dozens of high-level positions in Gov. Deval Patrick’s lame-duck administration — raising suspicions the departing Democrats might stage a hiring party before Republican Gov.-elect Charlie Baker takes office.

“What I hope is not happening is that the administration is packing positions as to preclude the new administration from having the discretion and option of picking the people that they trust and want,” said Greg Sullivan, a former inspector general now at the Pioneer Institute.

“The government has to operate and it has to perform essential functions no matter who is in the Corner Office. But I don’t think it’s in the public interest for the outgoing administration to be locking people into some of these jobs.”

The state’s Human Resources Division has advertised 325 jobs since Nov. 4, pushing the total number of vacancies, as of last night, to just over 500 statewide as the state faces a $325 million budget shortfall that Patrick is working to fill. Baker’s spokesman declined to comment on the postings.

The positions range from clerical work at state agencies to adjunct professorships at state colleges, and even a chaplaincy in the Department of Correction. But 31 were for jobs identified as administrators or managers. They include:

• Chief Technology Officer in the state’s IT division, a $140,000-per-year job inside MassIT, the state’s lead tech agency, and according to the post, the hire will “lead ... the technology direction for the Commonwealth”;

• Director of Program Integrity at the Department of Children and Families, one of at least seven open administrator posts at the embattled agency that could command up to $100,000 annually;

• A $127,000-a-year post on the Sex Offender Registry Board, where Patrick earlier this year fired the chairwoman;

• And a $116,800-a-year post as Director of the Division of Sexually Transmitted Disease at DPH, which officials will begin interviews for after removing the job posting this week.

Administration and Finance spokeswoman Alex Zaroulis said the number of jobs posted each year is in the thousands. In 2013, 4,714 were advertised. But with six weeks left this year, the state already has logged nearly 5,200, a 10-percent jump over last year.

“With transition in full swing following this year’s election, it is natural for there to be a substantial amount of turnover within state government,” Zaroulis said.

A&F oversees MassIT, and Zaroulis said that while officials are reviewing resumes, there is no timetable to fill the chief technology officer role.

Officials at other agencies similarly indicated they have no timeline to fill jobs.

The posting spike comes as Patrick separately is granting 500 managers union representation, shielding them from any Baker house-cleaning.


The Boston Herald
Thursday, November 20, 2014

Deval Patrick plans to slash $66M from aid to cities, towns
By Matt Stout


Gov. Deval Patrick is pushing $66 million in local aid cuts, a proposal that has municipal leaders howling.

Others note the Legislature’s unwillingness to act on the cuts could effectively kick a looming budget shortfall down the road to incoming Gov. Charlie Baker.

House Minority Leader Brad Jones called Patrick’s proposal a “non-starter” for House Republicans, adding he doesn’t see the Legislature “embracing” the bill in its remaining informal sessions this year. Andrew Bagley of the Massachusetts Taxpayers Foundation noted lawmakers have “never historically decided to go for” cuts to local aid.

If the Legislature doesn’t act, and given all pending bills die once the next governor takes the reins, any necessary cuts, to local aid or otherwise, would then fall to Baker, who a spokesman last night said “hopes local aid is the last place the Legislature would ever look to for cuts.”

“Massachusetts cities and towns deserve a dependable source of funding for crucial projects,” Baker spokesman Tim Buckley said. “As the transition process continues, Gov.-elect Baker looks forward to developing a responsible budget that delivers the services the people of Massachusetts need and protects taxpayers.”

To address a predicted $329 million gap, Patrick said yesterday he is cutting $198 million from the executive branch and wants the Legislature to approve millions more in cuts elsewhere, including $25.5 million in aid to cities and towns. Geoff Beckwith, executive director of the Massachusetts Municipal Association, noted Patrick’s unilateral cuts include another $40.3 million that directly hits communities.

“The administration say they are not touching Chapter 70 aid,” Beckwith said, referring to the name for local school aid. “However, most of the $40 million in cuts to communities comes out of the funding promised to local schools. ... The state’s budget problem, under the governor’s plan, would lead directly to 351 budget problems in every city and town hall and school district across the state.”

Jones questioned why Patrick didn’t consider a hiring freeze to cut costs, noting a Herald story yesterday that highlighted some 500 open positions around state government, including dozens of administrator jobs.

“We have, what with six weeks left of the current administration?” Jones said. “Hiring maybe should be left to the next administration after all to avoid any political chicanery.”

Glen Shor, Patrick’s secretary of Administration and Finance, said the state approached all cuts with a “balanced and thoughtful approach,” and called on lawmakers to act “fairly soon.”

“We don’t have an alternative solution,” he said.

 

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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