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CLT UPDATE
Friday, January 27, 2017

Gov. Baker vetoed disgusting pay grab Now what?


Acting less than 24 hours after the House, the Senate on Thursday voted 31-9 in support of an $18 million package of pay raises for lawmakers, judges and constitutional officers, with Democratic leadership securing a veto-proof majority that all but assures the bill will become law even if Gov. Charlie Baker vetoes it.

The House passed its pay raise bill (H 58) on a 116-44 vote and the Senate passed its proposal (S 16) with three Democrats joining all six Republican senators in opposition. The Democrats voting against the bill were Sens. Anne Gobi, Michael Moore and Walter Timilty.

Timilty declined to comment on his vote when approached outside the chamber, but Gobi, a Spencer Democrat, called her decision a "conscientious vote."

"I just thought it was too much considering the situation many of the people in the commonwealth are going through," Gobi told the News Service....

Legislative leaders worked behind the scenes over the winter on the pay raise bill before springing the topic into the public realm last Tuesday by calling for a hearing on Thursday on a two-year-old report on pay levels for public officials. Lawmakers on Monday night unveiled their bill. With the potential for larger paychecks on the horizon, the branches whisked the legislation through....

The only amendment proposing a change to the bill that wasn't withdrawn before debate began was a Sen. Donald Humason plan proposing to delay the raises until January 2019 after the next election cycle. Humason said postponing the pay raises would be in keeping with how Congress and many city council's deal with compensation changes for elected officials.

The amendment was rejected on a voice vote.

The House plans to convene at 2 p.m. Thursday, making it likely that the pay raise bill could land on Gov. Baker's desk before the end of the day. Baker on Wednesday hinted that he might veto the bill, but both branches appear to have sufficient support to override the governor.

Newton Mayor Setti Warren, a Democrat who is actively exploring a possible run for governor in 2018, urged Baker to veto the bill after the Senate's vote, calling it a "poorly rushed-through pay raise plan" that should have been subjected to more debate and transparency.

Legislative leaders did not hold a public hearing on the proposal.

State House News Service
Thursday, January 26, 2017
Pay raise law appears inevitable after swift, veto-proof votes


Massachusetts legislators are about to pull off the Great Pay Heist of 2017.

After a hurry-up process that slights transparency and takes refuge in convenient fictions and pretzel logic, the House passed the pay raises on Wednesday, with the Senate expected to follow suit on Thursday....

Consider just two aspects of this unfortunate episode. Legislators have attached an emergency preamble so the new pay will begin to flow immediately. And they have slipped in an increase for the judiciary. That will render the pay hike immune to an initiative petition repeal effort, since the state constitution excludes judicial compensation as a subject for ballot questions....

Those rationalizations are so flimsy as to be laughable. The speaker’s office, meanwhile, failed to respond at all to a request for comment on the same issues.

Rosenberg also claims that the process “has not been rushed” because (1) the pay-raise commission made its recommendation in 2014 and (2) the Legislature last week held a hearing on a raise. That hearing, however, wasn’t on specific legislation. And the cost of the pay package under discussion was estimated at less than $1 million, not the nearly $18 million the total package will now cost. Further, no mention was made of the judicial pay hike.

Given lawmakers’ disregard for a proper process, for transparency, and for their constituents, Governor Baker should veto this pay hike and tell legislators to go about this the right way. The Legislature may have the votes to override him — but at least his veto would strike a lonely note for good government.

A Boston Globe editorial
Thursday, January 26, 2017
Governor Baker, veto this pay hike!


Everything about the proposed legislative pay raises is disturbing: the post-election timing, the estimates that it could cost as much as $18 million, and the stunning haste lawmakers have shown in pushing through a self-serving agenda, with practically no time for debate or for the public to react.

Governor Charlie Baker has hinted he might veto the bill. The numbers on Beacon Hill say Baker's veto would likely be overridden, but that doesn't change how the governor should reject this unsavory legislation.

Pay raises for legislators are never popular, but reasonable people could argue it's time for Massachusetts lawmakers to get a hike. The nature by which this is being hustled through, however, will anger even those citizens who would be willing to consider it....

There is a callousness attached to this bill, not just because of the dollars involved (though that always matters), but for the transparent disregard of public reaction. Legislators know the public will always balk at this type of bill, so they're pushing it through with speed that is often absent on other measures that would directly help the public welfare and need.

Baker knows his veto could very well be overridden. For a governor who needs bipartisan support and promotes it in his speeches, picking his spots to challenge the Democratic Legislature is important.

But in this case, consistency of message is even more important. If this bill winds up becoming law, it should do so over the objections of the governor, and not with his support.

That won't change the outcome, but it would let voters know which of their elected officials were in favor of this measure and endorsed how it was done, and which were not.

A Springfield Republican editorial
Thursday, January 26, 2017
Override or no, Baker should veto raises


Maybe it’s the rarified air in some Statehouse offices. Or maybe it’s a symptom of being out of touch with constituents. But the process this week at the Legislature to approve an expansive — and expensive — package of pay raises for public officials is starting to wear thin....

The news service reported DeLeo describing the mood in Tuesdays caucus as “very good.” Reporters outside the hearing room — did we already mention it was closed? — heard several rounds of applause from those inside.

Wouldn’t you applaud if you were in a private club talking about pay raises?

“I think I heard more than a couple of jokes about what people might be interested in and whatnot,” DeLeo said about the potential jockeying for leadership posts and committee chairmanships that could soon come with significant extra income.

We’re not laughing....

We’re not opposed to the governor’s office receiving a raise (compensation would go from $151,800 to $185,000, under the current bill, plus a housing allowance) because it’s a complex, full-time job with tremendous responsibility. The House and Senate, on the other hand, don’t need raises, but odds are this will sail through like a herring gull in a gale despite opposition from fiscally responsible legislators like state Sen. Bruce Tarr of Gloucester, the Senate minority leader, and state Rep. Jim Lyons of Andover, who filed an amendment to the bill that would put off any raises until after the next election.

We wonder if the discussion about these pay raises would be different if DeLeo and his leadership colleagues took this issue into the streets and town halls for feedback from voters.

A Salem News editorial
Thursday, January 26, 2017
On legislative raises, one more time


Republican Gov. Charlie Baker vowed Thursday to veto a bill approved by the Democrat-controlled Senate and House that would give nearly $18 million in annual pay raises to top legislators, statewide elected officials and judges.

Baker said in a statement that one of his core responsibilities "is the responsible custody of the people's tax dollars, and we will veto this legislation because given the current fiscal outlook for the state, now is not the time to expend additional funds on elected officials' salaries."

The Senate and House, however, approved the bill by veto-proof margins....

Critics faulted the bill's timing, which comes as Beacon Hill is working to keep the state budget balanced.

The group Citizens for Limited Taxation called on Baker to veto the bill, criticizing lawmakers for rushing through the legislation. DeLeo and Rosenberg first announced their intention to revisit the issue just last week.

"These cynical actions demonstrate that when the leadership and enough beholding members in the Legislature want something badly enough they just take it," said Chip Ford, the group's executive director.

Associated Press
Thursday, January 26, 2017
Gov. Baker to veto bill hiking pay raises for top lawmakers


Hours after formally receiving their plan, Gov. Charlie Baker on Thursday afternoon informed legislative Democrats that he intends to veto a controversial package of pay raises worth $18 million for lawmakers, judges and constitutional officers in a move that may carry more political weight for the Republican governor than practical implications.

With veto-proof majorities in both branches backing the bill (H 58), the pay raises are all but assured to go through. But with conservative groups and even one possible Democratic challenger for governor in 2018 - Newton Mayor Setti Warren - urging a veto, Baker's stance against the raises may be enough to shield him from the political blowback without damaging his relationships with Democrats who run the Legislature....

A senior advisor to Baker said he will veto the bill Friday, returning it the House where they can begin to prepare for an override vote. It's not clear yet how much pressure, if any, the governor will apply to lawmakers in a bid to switch votes and earn enough support to sustain his veto - overrides require two thirds support in both branches to take effect....

Acting less than 24 hours after the House on Thursday, the Senate voted 31-9 in support of the pay raises after very little debate and the branches took the final procedural votes needed to get the bill to the governor.

The House enacted the pay raises on a 116-43 vote, and the Senate passed its proposal (S 16) with three Democrats joining all six Republican senators in opposition. The Democrats voting against the bill were Sens. Anne Gobi, Michael Moore and Walter Timilty.

Assuming the votes hold, opponents would need to switch 10 additional Democrat votes in the House and five in the Senate to sustain Baker's veto. All 41 Republicans in the House and Senate voted against the bill....

Legislative leaders did not hold a public hearing on the proposal.

Paul Craney, executive director of the Massachusetts Fiscal Alliance, also chided lawmakers, who consider themselves part of a full-time working Legislature even though activity in the House and Senate can be sporadic, with busy spells sometimes followed by long lulls.

"Being a member of the Massachusetts Legislature is now the best part time job in America," Craney wrote to the News Service.

State House News Service
Thursday, January 26, 2017
Baker will veto pay raises, but can he flip votes to kill bill?


Gov. Charlie Baker said he will veto the proposed legislative pay raise, even though it appears to be veto-proof.

"We will veto this legislation because given the current fiscal outlook for the state, now is not the time to expend additional funds on elected officials’ salaries," Baker said in a statement tonight.

The Boston Herald
Thursday, January 26, 2017
Gov. Baker says he'll veto legislative pay raise


As he had signaled earlier in the week, Governor Charlie Baker late Thursday confirmed he will veto an $18 million pay raise package for legislators, judges, scores of court clerks, their assistants, and other court personnel across the Commonwealth.

Baker offered no sharp criticism of the pay hikes and instead praised the Democrat-dominated Legislature, expressing hope that his veto would not disrupt their strong working relationship.

“Lieutenant Governor [Karyn] Polito and I are deeply thankful for our collaborative relationship with the Legislature that has produced positive results for the people of Massachusetts,’’ Baker said. “And while we disagree on the issue of compensation, we are optimistic that we will continue to work together to carry out the responsibilities entrusted to us by the people of Massachusetts.

“One of those core responsibilities is the responsible custody of the people’s tax dollars, and we will veto this legislation because given the current fiscal outlook for the state, now is not the time to expend additional funds on elected officials’ salaries,” he said....

The veto-proof majorities all but guarantee the raises will become law. And because the package includes raises for judges, it is protected from an initiative petition repeal effort, since the state Constitution excludes judicial compensation as a subject for ballot questions.

Baker is expected to formally issue his veto on Friday. Lawmakers will return to Beacon Hill for expected override votes next week.

The Boston Globe
Friday, January 27, 2018
Baker will veto pay raises for legislators


I hate to be cynical about this latest Beacon Hill pay heist but . . .

Did you notice that Gov. Charlie “Tall Deval” Baker didn’t come out against it until after the first vote in the House Wednesday afternoon?

You know, the 115-44 vote that showed that the hacks had the numbers to override a veto by the governor. So at that point, Baker could go out and fearlessly announce his intention to veto the bill, since it would be an absolutely pointless gesture.

Tall Deval is against the pay raises — wink-wink, nudge-nudge.

Is it too late to nominate him for a Profiles in Courage award?

Do you suppose he’ll want to get involved in any attempt to repeal the pay hikes via a ballot question? Don’t hold your breath on that one.

Don’t get me wrong, I’m glad Baker’s vetoing the bill. It’s a real stinkeroo. He really didn’t have any choice, did he, considering that this is the hacks’ second pay raise in a month?

But how pathetic is it that House Speaker Bobby DeLeo, the unindicted co-conspirator, and Senate President Stanley Rosenberg can get away with making themselves the highest-paid legislators in the country, and 95 percent of the Democrats in the General Court say absolutely nothing....

This is what happens when you have a one-party state. The party in power loses all fear. When you know you won’t have any opposition in the next election, you can make any bad vote you want....

Stanley Rosenberg said yesterday they wanted a show of power. I’d say 31-9 gets the job done. What a guy — he’s been lurking in the State House corridors since 1980, since Jimmy Carter was president.

And now he’s going to make $147,000-plus a year. Who says crime doesn’t pay?

The Boston Herald
Friday, January 27, 2017
Hey, Tall Deval, thanks for absolutely nothing
By Howie Carr


Fiscal watchdogs irked by the Legislature’s lightning passage of an $18 million pay hike could have an avenue to challenge the veto-proof measure at the ballot box after all, offering them hope of trying to claw back parts of it in 2018....

The Boston Globe reported that the state constitution outlines that any law that includes judicial compensation can’t be repealed in its entirety by a ballot referendum, seemingly making the pay hike untouchable.

But state law offers another path: Advocates say they could potentially pursue an initiative petition, which allows residents to seek to repeal a particular section of a law. That could allow opponents to target any of the 50 sections that don’t involve judicial pay raises but addresses those of lawmakers or other officials.

“This thing was such an insult to anyone paying taxes, it would behoove us to look at some way to rescind or at least limit the damage,” said Chip Faulkner of Citizens for Limited Taxation, which opposes the pay hikes. “This is another approach and one we’re certainly going to take a look a it. It’s outrageous what they (lawmakers) did.”

Attorney General Maura Healey’s office, which certifies ballot initiatives, said the initiative petition process could “theoretically” be used to target a section of a law, but noted her office would have to review any specific petition to ensure it is legal.

The Boston Herald
Friday, January 27, 2017
Ballot question can roll back pay hikes...just not all at once


Gov. Charlie Baker needled the legislative pay hikes that lawmakers approved for themselves this week as "fiscally irresponsible," but defended the Legislature's process and stopped short of saying he'll lobby lawmakers to sustain the veto he handed down on Friday....

"For most people, the timing of this is inappropriate, and the scale and size of the adjustment is as well," Baker said Friday during a press conference he called in his office to discuss the matter.

While Baker was coy about whether he would directly lobby lawmakers to reverse their votes, the party he leads was direct about its intentions. Digital ads are being launched by Republicans targeting freshman Democrats who voted for the pay raises ten House newcomers voted for the bill and two new senators.

"These freshman Democrat legislators may be pleased enough with their performance in the past few weeks to merit a raise, but their employers the taxpayers might disagree. By voting to give themselves a taxpayer-funded raise before they have accomplished much of anything, these freshmen have shown they're wasting no time adjusting to the Beacon Hill insider culture," MassGOP spokesman Terry MacCormack said in a statement.

House Speaker Robert DeLeo's office and Senate President Stan Rosenberg's office declined to respond Friday to the governor's veto and criticisms. A House source said the House plans to vote on overriding the governor's veto next week....

Baker added at his press conference that he and Lt. Gov. Karyn Polito "hope this action will at least ensure that the citizens have more time to make their voices heard."

Baker said hundreds of people have called his office with concerns about the pay raises and Baker implored them to "share their concerns with their own senators and representatives, many of whom agree with our decision."

Legislative leaders have taken heat this week for the way they went about boosting their paychecks, having never held a public hearing on the bill itself but instead holding one on a 2014 report recommending even greater pay increases, and hurrying the package through their branches.

But Baker on Friday defended the process, despite vetoing the bill and suggesting citizens direct their concerns at the Legislature.

"In fairness to them, OK, on the hearing, they had the hearing on the 2014 report," he said. "The process they pursued on this has been public. I mean, everybody voted on it, they're on the record on it."

In his veto letter though, Baker faulted the process, saying the bill passed "without a reasonable opportunity for public comment."

State House News Service
Friday, January 27, 2017
Baker rips "irresponsible" pay raise bill, GOP targets freshman Dems


On Friday Baker showed little inclination to use the leverage of his office to lobby House or Senate members to switch their votes and support his veto. Only 13 House members — all of them Democrats who voted for the pay raise since the entire 35-member GOP caucus voted against the bill — would have to be persuaded to switch.

“I am going to start with the folks who supported our position,’’ Baker said when asked if he would lobby the Legislature. “I think their insights on this is the best place to start.”

Because the package includes raises for judges, it is protected from a referendum repeal effort. The state Constitution excludes judicial compensation as a subject for referendum ballot questions.

But Baker suggested that the legislative pay raise sections of the bill could be separated out and targeted for repeal via an initiative petition. That process would require far more voter signatures to get on the 2018 ballot and would likely be litigated. Opponents appear not to be as organized as they have in previous pay raise battles.

The Boston Globe
Friday, January 27, 2017
Baker vetoes ‘fiscally irresponsible’ pay raises


Gov. Charlie Baker today vetoed the massive pay hike package lawmakers jammed through the State House this week, calling the bill "fiscally irresponsible."

Baker said the pay hikes, which lawmakers said could cost nearly $18 million a year, makes for "unplanned" financial burdens on the state's budget and adds to the state's pension liability down the road.

The Swampscott Republican, who addressed the media this morning, also said the bill would also "effectively repeal the term limits voters set for constitutional officers at the ballot box in 1994."

Baker's action ultimately could be moot. The bill passed both the House, 116-44, and the Senate, 31-9, with veto-proof majorities, signaling there's enough support to override his opposition.

The Boston Herald
Friday, January 27, 2017
Baker vetoes pay raise for lawmakers; will likely be overruled


You get a raise, and you get a raise and you get a raise.

These may not have been the exact words used by House and Senate Democratic leaders when they pitched their caucus on a controversial $18 million package of pay hikes for lawmakers, constitutional officers and judges, but it might have been just as effective as whatever was said.

The House on Wednesday and the Senate on Thursday passed the big pay raise package as their first major order of business this session with veto-proof majorities. Republicans unanimously opposed the bill, blasting the scale of the raise and the process used to ram it through, but only 12 Democrats joined the cause.

So when Gov. Charlie Baker finally spoke up on Thursday night against the bill and vetoed it Friday morning, the confrontation between Baker and Beacon Hill Democrats felt more like political theater than a full-on escalation of hostilities.

The governor didn't do much to change that, prefacing his comments on the veto much the way he began and ended his State of the Commonwealth earlier in the week with praise for the Legislature as a partner in bipartisan compromise that he hopes will continue.

It was as if Baker meant to say, "I'm sorry, guys. I have to do this. Please understand." ...

While that may be unlikely to happen, one veteran political operative said the pay raise imbroglio may have turned the tables on the electoral landscape in 2018, assuming voters' memories are that long.

Doug Rubin, former chief of staff and campaign manager for Gov. Deval Patrick, started the week by suggesting he thought Baker would lose a re-election bid in 2018 if he signed the pay raise bill.

After Baker's veto, Rubin had more to say on Twitter: "The political dynamics in MA heading into 2018 greatly favored D's...until the way Leg just handled pay raise gave R's big opening."

STORY OF THE WEEK: When you control your own pay, who decides what you're worth?

QUOTE OF THE WEEK: "It just makes me feel good that I'm going to say something really crazy but there's no Democrat or Republican," Rep. Patricia Haddad said after hearing Baker's "State of the Commonweath" address and before every Republican, including Baker, opposed the Democrats' first initiative of the new year - pay raises.

State House News Service
Friday, January 27, 2017
Weekly Roundup Take the money and run
By Matt Murphy


. . . The raises, whisked through the branches this week without a public hearing on the bill (H 58), are also opposed by every elected Republican on Beacon Hill and a few Democrats. Baker on Friday issued his veto of the bill, calling the legislation "fiscally irresponsible."

A veto override needs two thirds approval in each branch to take effect.

Democratic legislative leaders had veto-proof majorities this week when they passed the bill but opponents could win the day if they can flip ten votes in the House or five in the Senate.

There's a fair amount of outrage over the pay raises on social media, among talk show callers and among constituents who are calling lawmakers to express their opinions. Whether it's enough to sway votes will be the question until the override votes are taken.

The House plans a formal session Wednesday to consider a rules proposal and the Senate plans to take up rules changes on Thursday. An override bid, assuming Democrats can keep their votes in place, is likely sooner rather than later since legislative leaders clearly want to enact the raises as soon as possible and Baker's quick veto gives them that opportunity.

State House News Service
Friday, January 27, 2017
Advances Week of Jan. 29, 2017


Hacks on Beacon Hill will tell you that they work hard and they deserve the money.

I’m not sure about that. But let’s say it’s true. Therein lies the problem.

They work too hard.

They need some time off.

If they were part-time legislators, they might not pass as many laws. They might not find as many nooks and crannies to poke their noses in. Maybe we’d have fewer statutes, fewer regulations, and more freedom.

We’d sure as heck have more money.

How could we survive with part-time legislators?

Well, let’s consider an example. And not that far away.

Among the English-speaking democratic governments, New Hampshire has the fourth largest legislature in the world. (It goes British Parliament, United States Congress, Canadian Parliament, New Hampshire Legislature.) ...

How can New Hampshire afford so many legislators?

The state pays them $100 a year....

That’s because there are enough people in the Granite State interested in contributing to their government that they’re willing to do it in their spare time, without making a career of it.

The New Boston Post
Thursday, January 25, 2017
Drinks Are On Bobby
By Matt McDonald


Chip Ford's CLT Commentary

Gov. Baker's veto avoided his being splashed by gutter mud from the drive-by Democrats in the Legislature.  It was better than if he hadn't vetoed this abomination, but as Matt Murphy of the State House News Service summed it up:  "It was as if Baker meant to say, 'I'm sorry, guys. I have to do this. Please understand.'"
 
In our message to him we suggested at the very least that he send the Legislature's bill back as two separate bills, splitting up the judicial pay section from the politicians pay section.
 
Any governor can return legislation sent to him with his own amendments to it.  The Legislature then can either accept all of some of his amendments or reject them and send it back for the governor's signature.  At that point, the governor can sign, veto, or pocket veto the bill through inaction and be right where Gov. Baker is now.
 
If the bill was split into two as we suggested, it would have made a straight repeal referendum of the pay grab for legislators and constitutional officers part much easier for citizens, instead of the far more onerous task requiring significantly more signatures required for an initiative petition if it passes the legal hurdles.  We've had very poor results before the courts all the way up to the state Supreme Judicial Court when the issue is pay and perks for legislators, or any constraint on legislators after all, it's the Legislature which funds the Judiciary and sets judicial pay, or doesn't.
 
As it stands, an initiative petition would be required to create a whole new law from scratch, to excise legislators and constitutional officers from the pay grab law without touching the judiciary.  (It is unconstitutional for a citizen petition that affects the judicial branch.)
 
Though gathering the 100,000 or so signatures would be a herculean task, it's not necessarily the most difficult part.
 
To even get the petitions printed would require first getting approval from Attorney General Maura Healey a beneficiary of the law citizens would be trying to overturn.
 
If approved by the AG, then it goes to the Secretary of State also a beneficiary of the pay hikes.  We've been stopped there before as well.
 
Then there are potential challenges by those benefitting from the pay grab, before the state ballot law commission and the courts all the way up to the state Supreme Judicial Court.
 
We don't lightly call CLT “'The Voice of Massachusetts Taxpayers' — and their Institutional Memory.”  We've been fighting in the trenches for taxpayers for decades, have worked on some dozen major petition drives, and have the bruises to show for it.  I created the CLT website when CLT and my Freedom First merged in 1996 not only to keep our members informed, but to lay down and preserve that "institutional memory" in perpetuity for us as well as for you.  What follows are some political obstructions we've experienced with our referendum and initiative petition efforts, examples of what organizers of such an initiative petition as described above would likely confront.
 

http://www.cltg.org/cltg/clt2003/03-07-03.htm

1996 SJC opinion:

In 1995 CLT's Coalition for Payraise Repeal (CPR) ballot committee did a successful initiative petition drive in response to the Legislature's then-recent 55% pay raise. After we got the necessary first round of signatures, the Legislature challenged the constitutionality of our petition, seeking an advisory opinion from the state Supreme Judicial Court. In the end, the SJC tossed out our petition and the Legislature kept its outrageous pay grab.


http://www.cltg.org/cltg/cltg2001/01-12-14.htm

Next, let's look at the state Supreme Judicial Court or as I prefer to call it, the Supreme Judicial Kangaroo Court. From experience, I adopted that terminology many years ago after personally confronting it. This was before my old organization, Freedom First, merged with CLT in 1996 to officially form Citizens for Limited Taxation & Government.

CLT had its own stark experience when it tried to do by initiative petition "Rules Reform" of the Legislature back in the early-80s. After the signatures were turned in, the SJKC ruled literally that what the Legislature does internally is none of the peoples' business and threw it out.


http://www.cltg.org/cltg/cltg2001/01-12-14.htm

The Boston Globe
Wednesday, December 12, 2001
Judges wary of challenging Beacon Hill
By Frank Phillips

The state's Supreme Judicial Court offered only tepid opposition to a budget rider pushed through by the Legislature two weeks ago to strip judges of their power to hire probation officers an assault on judicial independence.

Hearing no vocal protest, Acting Governor Jane Swift obliged House Speaker Thomas M. Finneran and went along with the change, which gutted a major court reform without any debate.

The judges' acquiescence, if disappointing to some, was not surprising. The judiciary has long avoided offending the Legislature, perhaps gunshy after retaliation against judges who failed to cooperate with legislators' demands. . . .

Judges cannot be blamed if they fear retribution from the Legislature, which maintains control over individual appropriations to each of the state's 61 courthouses an unusual system that allows legislators to reward and punish individual judges through the budget process....


http://www.cltg.org/cltg/cltg2001/01-12-14.htm

Coalition for Payraise Repeal (CPR)
For Immediate Release
Wednesday, June 5, 1996

For further information contact:
Chip Ford / Barbara Anderson

SJC Denies Release of Hostage Petitions

This afternoon the SJC ruled that the Secretary of State can kill the initiative petition process on a whim, putting the once-constitutional right of the people in serious jeopardy.

In one paragraph and without explanation, Justice Lynch ordered that the Coalition for Payraise Repeal's motion was denied. CPR had asked the court to force Secretary of State William F. Galvin to release our hostage petitions as he used to be required to do by the state constitution.

"We figured the fix was in as soon as Justice Lynch interrupted our attorney's opening statement to argue 'practicality' while ignoring constitutionality," said Chip Ford, chairman of CPR. "Consistency from the Beacon Hill Establishment has followed this effort from beginning to end; consistent denial of the law, the constitution and the people's rights under it."

"The court issued no explanation for its one-sentence ruling, because there is no credible explanation that could be made," said Barbara Anderson, CPR vice-chairman and executive director of Citizens for Limited Taxation. "We still had faith in the courts to stay above the political fray, but even the highest court in the state has joined in the assault on the initiative petition process." . . .


The Boston Herald
Wednesday, December 12, 2001
'Animal House' still lags in implementing reforms
by Elisabeth J. Beardsley

"They have finally caught on to what I've always been afraid they would recognize they can get away with anything," said Citizens for Limited Taxation chief Barbara Anderson.


http://cltg.org/cltg/cltg98-1/cltg010598.html

NEWS ADVISORY
Contact: Chip Ford
January 5, 1998
Teachers throw spitballs at walls; hope something sticks

William A. McDermott, one of an army of attorneys retained by the Massachusetts Teachers Association in its assault on voter decision-making, again has filed a frivolous challenge to signatures obtained by a ballot committee of Citizens for Limited Taxation & Government.

In "Frivolous Bill" McDermott’s last challenge, he argued that the Coalition for (Legislative) Payraise Repeal had "mutilated" its own petitions by stamping its return address on a blank portion of the petition forms. After three days of hearings in 1996, it was thrown out as "frivolous" by the state Ballot Law Commission. That bizarre challenge to a petition which would cut legislators salaries had been brought by a McDermott employee, who presumably was personally offended all on her own by the idea of a lower-paid citizen-legislature — offended enough to hire her boss! ...


http://cltg.org/cltg/cltg98-1/cltgnews032098.html

As Jim St. George of TEAM recently acknowledged of their challenge, it’s less expensive to tie up your opponents in court and hope to defeat them there than it is to wage a campaign of ideas and hope to win over the voters.


So you can see the hurdles any petition to rein in the Legislature is up against.  This is not to say it can't be done we are exploring the possibilities and feasibility, and will be in contact with other individuals and groups with a similar interest.  It is to say that going forward would entail a tremendous amount of work and a tremendous amount of money, and could well be shot down at any of many points.  We've gotten the tens of thousands of required signatures only to have a petition tossed out.  We've won ballot campaigns by large margins only to have the courts toss out the results (term limits, etc.), or the Legislature give the voters the Beacon Hill Middle Finger Salute (income tax rollback).  But we've also won more than we've lost.

It's worth consideration, but for now I'm ending another very long day my tenth 18-20 hour work-day in a row since we first learned of that sudden hearing a week ago this past Tuesday.  (Can I vote myself a pay raise?)  It's midnight again and I need some sleep!

Make sure you download and save these critical roll call votes.  Remember how your state representative and state senator voted on this obscene, self-serving money grab the next time they come looking for your vote.  With any luck, and if the state Republican party gets its act together, we'll have somebody anybody else to vote for, a choice on our ballots.

HOUSE ROLL CALL VOTE

SENATE ROLL CALL VOTE

H.58 — THE OBSCENE PAY GRAB BILL

Chip Ford
Executive Director


 
State House News Service
Thursday, January 26, 2017

Pay raise law appears inevitable after swift, veto-proof votes
By Matt Murphy


Acting less than 24 hours after the House, the Senate on Thursday voted 31-9 in support of an $18 million package of pay raises for lawmakers, judges and constitutional officers, with Democratic leadership securing a veto-proof majority that all but assures the bill will become law even if Gov. Charlie Baker vetoes it.

The House passed its pay raise bill (H 58) on a 116-44 vote and the Senate passed its proposal (S 16) with three Democrats joining all six Republican senators in opposition. The Democrats voting against the bill were Sens. Anne Gobi, Michael Moore and Walter Timilty.

Timilty declined to comment on his vote when approached outside the chamber, but Gobi, a Spencer Democrat, called her decision a "conscientious vote."

"I just thought it was too much considering the situation many of the people in the commonwealth are going through," Gobi told the News Service.

She was also carrying a copy of the letter she intends to send to Treasurer Deborah Goldberg declining the pay increase should it become law, and said she hoped her colleagues who also voted no would similarly not accept the raise.

"You can't be hypocritical. If you vote no, you shouldn't take the dough, so I won't take the money," Gobi said.

Legislative leaders worked behind the scenes over the winter on the pay raise bill before springing the topic into the public realm last Tuesday by calling for a hearing on Thursday on a two-year-old report on pay levels for public officials. Lawmakers on Monday night unveiled their bill. With the potential for larger paychecks on the horizon, the branches whisked the legislation through.

While base pay rates of legislators are adjusted every two years based on changes in median income, Senate Ways and Means Chairwoman Karen Spilka defended the pay raises on the floor, arguing that stipends for leadership and senior committee positions had not been adjusted since either 1982 or 1994.

Spilka, of Ashland, promised that the $4.1 million cost of the raises over the final six months of this fiscal year would not require a special budget bill to appropriate more money for salaries, but rather would be absorbed into existing budget.

The only amendment proposing a change to the bill that wasn't withdrawn before debate began was a Sen. Donald Humason plan proposing to delay the raises until January 2019 after the next election cycle. Humason said postponing the pay raises would be in keeping with how Congress and many city council's deal with compensation changes for elected officials.

The amendment was rejected on a voice vote.

The House plans to convene at 2 p.m. Thursday, making it likely that the pay raise bill could land on Gov. Baker's desk before the end of the day. Baker on Wednesday hinted that he might veto the bill, but both branches appear to have sufficient support to override the governor.

Newton Mayor Setti Warren, a Democrat who is actively exploring a possible run for governor in 2018, urged Baker to veto the bill after the Senate's vote, calling it a "poorly rushed-through pay raise plan" that should have been subjected to more debate and transparency.

Legislative leaders did not hold a public hearing on the proposal.
 

The Boston Globe
Thursday, January 26, 2017

A Boston Globe editorial
Governor Baker, veto this pay hike!


Massachusetts legislators are about to pull off the Great Pay Heist of 2017.

After a hurry-up process that slights transparency and takes refuge in convenient fictions and pretzel logic, the House passed the pay raises on Wednesday, with the Senate expected to follow suit on Thursday.

There’s certainly a case to be made for a decent pay raise on Beacon Hill. But not in this indecent fashion. Good government and transparency concerns mean that this bill deserves a gubernatorial veto.

Consider just two aspects of this unfortunate episode. Legislators have attached an emergency preamble so the new pay will begin to flow immediately. And they have slipped in an increase for the judiciary. That will render the pay hike immune to an initiative petition repeal effort, since the state constitution excludes judicial compensation as a subject for ballot questions.

Because they are constitutionally constrained from raising their base salary of $62,500, lawmakers are targeting this pay increase for legislative leaders. On Beacon Hill, of course, such leaders abound. In the 40-person Senate, every member in both parties has a pay-enhancing leadership post.

Most committee chairs will see their stipends doubled, from $15,000 to $30,000. The Ways and Means chairmen will get a $40,000 boost. Bonus pay for the posts of speaker pro tem and Senate president pro tem — positions that didn’t exist 15 years ago — will jump from $15,000 to $50,000. The actual speaker and Senate president will get $45,000 raises.

In fairness, the legislative leadership has secured an informal opinion from the general counsel at the State Ethics Commission essentially saying legislators can move ahead with the pay hike as long as they file a written disclosure that they are taking action that will substantially affect their financial interests.

Still, the recognized best practice for avoiding ethical concerns with raises that legislators vote for themselves is to stipulate that the increases take effect at the start of the *next* legislative session. That way, lawmakers aren’t casting a direct vote to increase their pay; if voters disapprove, they can express their sentiments by defeating legislators who backed the pay hike.

In this case, however, legislators are using wafer-thin rationalizations to sidestep process concerns. Here’s one: By pushing this package through before the leadership posts have been formally filled, lawmakers technically aren’t voting to raise their own pay, but rather compensation for the positions they will soon hold.

Senate President Stan Rosenberg, who sometimes poses as a process liberal, even cites that fiction to justify the hurry-up pay-hike offense. “Pay adjustments need to be made now, at the beginning of our two-year term, before people have leadership and chair assignments and are not voting on their own raises,” he said in a statement to a Globe editorial writer. And why is the emergency preamble necessary? “Because we have to do our rules and appointments within the next couple of weeks, and that ought to be on the books and law by that time,” Rosenberg said later at a media availability.

Those rationalizations are so flimsy as to be laughable. The speaker’s office, meanwhile, failed to respond at all to a request for comment on the same issues.

Rosenberg also claims that the process “has not been rushed” because (1) the pay-raise commission made its recommendation in 2014 and (2) the Legislature last week held a hearing on a raise. That hearing, however, wasn’t on specific legislation. And the cost of the pay package under discussion was estimated at less than $1 million, not the nearly $18 million the total package will now cost. Further, no mention was made of the judicial pay hike.

Given lawmakers’ disregard for a proper process, for transparency, and for their constituents, Governor Baker should veto this pay hike and tell legislators to go about this the right way. The Legislature may have the votes to override him — but at least his veto would strike a lonely note for good government.


The Springfield Republican
Thursday, January 26, 2017

A Springfield Republican editorial
Override or no, Baker should veto raises


Everything about the proposed legislative pay raises is disturbing: the post-election timing, the estimates that it could cost as much as $18 million, and the stunning haste lawmakers have shown in pushing through a self-serving agenda, with practically no time for debate or for the public to react.

Governor Charlie Baker has hinted he might veto the bill. The numbers on Beacon Hill say Baker's veto would likely be overridden, but that doesn't change how the governor should reject this unsavory legislation.

Pay raises for legislators are never popular, but reasonable people could argue it's time for Massachusetts lawmakers to get a hike. The nature by which this is being hustled through, however, will anger even those citizens who would be willing to consider it.

In 2014, Baker remarked that legislative raises might be appropriate if economic times were better. In Massachusetts, though, they are not noticeably better today than in 2014, if they're better at all, and budget challenges facing the Commonwealth lend an added layer of distaste for the current proposal.

Nine House Democrats and all 35 Republicans voted against a bill to increase compensation for the Senate president and House Speaker by more than 50 percent, with hefty expense stipend raises for all lawmakers. Of 125 Democrats, 116 supported it.

There is a callousness attached to this bill, not just because of the dollars involved (though that always matters), but for the transparent disregard of public reaction. Legislators know the public will always balk at this type of bill, so they're pushing it through with speed that is often absent on other measures that would directly help the public welfare and need.

Baker knows his veto could very well be overridden. For a governor who needs bipartisan support and promotes it in his speeches, picking his spots to challenge the Democratic Legislature is important.

But in this case, consistency of message is even more important. If this bill winds up becoming law, it should do so over the objections of the governor, and not with his support.

That won't change the outcome, but it would let voters know which of their elected officials were in favor of this measure and endorsed how it was done, and which were not.


The Salem News
Thursday, January 26, 2017

A Salem News editorial
On legislative raises, one more time


Maybe it’s the rarified air in some Statehouse offices. Or maybe it’s a symptom of being out of touch with constituents. But the process this week at the Legislature to approve an expansive — and expensive — package of pay raises for public officials is starting to wear thin.

If you’ve heard us raise this concern recently, we hope you’ll indulge us one more time.

On Tuesday, State House News Service reported top House Democrats were confident the package — called “long overdue” by House Speaker Robert DeLeo — would pass.

DeLeo led a closed caucus with House Democrats on Tuesday to detail the package, which was expected to sail through the House yesterday before receiving a similarly enthusiastic response in the Senate today.

The news service reported DeLeo describing the mood in Tuesdays caucus as “very good.” Reporters outside the hearing room — did we already mention it was closed? — heard several rounds of applause from those inside.

Wouldn’t you applaud if you were in a private club talking about pay raises?

“I think I heard more than a couple of jokes about what people might be interested in and whatnot,” DeLeo said about the potential jockeying for leadership posts and committee chairmanships that could soon come with significant extra income.

We’re not laughing.

The pay raises could cost $6.5 million this fiscal year and between $12 million and $18 million in fiscal 2018. Gov. Charlie Baker, who along with Lt. Gov. Karyn Polito has pledged not to accept any raise, should veto the measure once it reaches his desk. Such a veto would likely be overriden, but it would at least send a message that there are some elected officials on Beacon Hill who understand the need for fiscal probity.

All 200 members of the Legislature would get a raise if this package passes. The state’s six constitutional officers — the governor, attorney general, auditor, treasurer, secretary of state and lieutenant governor — would get pay raises, as would judges. Committee chairs and members of the legislative leadership would get substantial pay hikes.

In all, the raises would cost taxpayers nearly $16 million a year, enough to raise alarms with fiscal watchdogs.

“We do have a concern that we would add to a deficit at a time that the state has fiscal challenges,” Massachusetts Taxpayers Foundation President Eileen McAnneny told the State House News Service Tuesday.

“We certainly agree that public service is an important role and that people should be paid adequately. So I think providing a pay raise is an important exercise and we don’t have any problem with that,” McAnneny said. “I think the concern that we have as we learn more about it is that the price tag is growing and that it could potentially add to the deficit. The special commission made a recommendation that the money that would pay for these pay increases essentially come from existing budgets, and so that would remain our recommendation.”

We’re not opposed to the governor’s office receiving a raise (compensation would go from $151,800 to $185,000, under the current bill, plus a housing allowance) because it’s a complex, full-time job with tremendous responsibility. The House and Senate, on the other hand, don’t need raises, but odds are this will sail through like a herring gull in a gale despite opposition from fiscally responsible legislators like state Sen. Bruce Tarr of Gloucester, the Senate minority leader, and state Rep. Jim Lyons of Andover, who filed an amendment to the bill that would put off any raises until after the next election.

We wonder if the discussion about these pay raises would be different if DeLeo and his leadership colleagues took this issue into the streets and town halls for feedback from voters.


Associated Press
Thursday, January 26, 2017

Gov. Baker to veto bill hiking pay raises for top lawmakers


Republican Gov. Charlie Baker vowed Thursday to veto a bill approved by the Democrat-controlled Senate and House that would give nearly $18 million in annual pay raises to top legislators, statewide elected officials and judges.

Baker said in a statement that one of his core responsibilities "is the responsible custody of the people's tax dollars, and we will veto this legislation because given the current fiscal outlook for the state, now is not the time to expend additional funds on elected officials' salaries."

The Senate and House, however, approved the bill by veto-proof margins.

The Senate voted 31-9 in favor of the legislation earlier Thursday, a day after the House approved the measure by a 115-44 vote. A handful of Democrats joined Republicans in both chambers in opposing the bill.

The bill wouldn't change the $62,547 annual base pay for lawmakers, but would increase additional stipends paid to Democratic and Republican leaders and to the chairs of key legislative committees.

The annual salary for House Speaker Robert DeLeo and Senate President Stan Rosenberg, both Democrats, would climb about $45,000 to more than $142,000 a year, while the heads of the House and Senate Ways and Means Committees would get a $35,000 raise.

The bill also would boost Baker's annual salary from $151,800 to $185,000, and for the first time provide the governor a $65,000 housing allowance.

Other constitutional officers, including the attorney general and state treasurer, would also get substantial raises, and annual salaries for judges would increase by $25,000.

Rosenberg defended the increase, saying lawmakers are being forced out of office because of the low pay.

"We are losing young people every election cycle." Rosenberg said. "Particularly the younger members who are trying to start families and start their career, they cannot live on this."

The Senate rejected a Republican amendment that would have delayed the start of the pay raises for two years. Most of the raises would become effective immediately.

Critics faulted the bill's timing, which comes as Beacon Hill is working to keep the state budget balanced.

The group Citizens for Limited Taxation called on Baker to veto the bill, criticizing lawmakers for rushing through the legislation. DeLeo and Rosenberg first announced their intention to revisit the issue just last week.

"These cynical actions demonstrate that when the leadership and enough beholding members in the Legislature want something badly enough they just take it," said Chip Ford, the group's executive director.

Newton Mayor Setti Warren, a possible Democratic challenger to Baker in 2018, also slammed what he called a "rushed-through pay raise plan."

The measure also would end travel allowances for legislators in favor of a single annual lump sum payment to cover all expenses: $15,000 for those who live within 50 miles of the Statehouse and $20,000 for all others.


State House News Service
Thursday, January 26, 2017

Baker will veto pay raises, but can he flip votes to kill bill?
By Matt Murphy


Hours after formally receiving their plan, Gov. Charlie Baker on Thursday afternoon informed legislative Democrats that he intends to veto a controversial package of pay raises worth $18 million for lawmakers, judges and constitutional officers in a move that may carry more political weight for the Republican governor than practical implications.

With veto-proof majorities in both branches backing the bill (H 58), the pay raises are all but assured to go through. But with conservative groups and even one possible Democratic challenger for governor in 2018 - Newton Mayor Setti Warren - urging a veto, Baker's stance against the raises may be enough to shield him from the political blowback without damaging his relationships with Democrats who run the Legislature.

"Lt. Governor Polito and I are deeply thankful for our collaborative relationship with the Legislature that has produced positive results for the people of Massachusetts - and while we disagree on the issue of compensation, we are optimistic that we will continue to work together to carry out the responsibilities entrusted to us by the people of Massachusetts," Baker said in a statement early Thursday night. "One of those core responsibilities is the responsible custody of the people's tax dollars, and we will veto this legislation because given the current fiscal outlook for the state, now is not the time to expend additional funds on elected officials' salaries."

A senior advisor to Baker said he will veto the bill Friday, returning it the House where they can begin to prepare for an override vote. It's not clear yet how much pressure, if any, the governor will apply to lawmakers in a bid to switch votes and earn enough support to sustain his veto - overrides require two thirds support in both branches to take effect.

Despite threatening to veto legislative pay raises in the fall of 2014 when he was still governor-elect, Baker gave legislative leaders wide berth after they surfaced the idea of pay raises last week and then rammed their expansive bill through this week.

In the span of two days, House Speaker Robert DeLeo and Senate President Stanley Rosenberg mustered veto-proof majorities in both branches for the $18 million suite of pay raises that include $45,000 raises for the Legislature's top two Democrats bringing their salaries to over $142,000. In addition to $2.8 million in salary and office expense increases for itself, the Legislature voted for $25,000 raises for judges and hikes in the pay for all six constitutional officers, including the governor.

Acting less than 24 hours after the House on Thursday, the Senate voted 31-9 in support of the pay raises after very little debate and the branches took the final procedural votes needed to get the bill to the governor.

The House enacted the pay raises on a 116-43 vote, and the Senate passed its proposal (S 16) with three Democrats joining all six Republican senators in opposition. The Democrats voting against the bill were Sens. Anne Gobi, Michael Moore and Walter Timilty.

Assuming the votes hold, opponents would need to switch 10 additional Democrat votes in the House and five in the Senate to sustain Baker's veto. All 41 Republicans in the House and Senate voted against the bill.

Even if the pay raises become law, Baker has said he and Lt. Gov. Karyn Polito would decline the increases in their own pay, including the proposed $65,000 housing allowance for the governor that would added to his new $185,000 salary. The raises and the new housing allowance, should they survive, would be available for Baker's eventual successor and future governors.

Through spokespeople, Attorney General Maura Healey declined to comment on whether she would accept the raise and Treasurer Deborah Goldberg said she would decide if it became law, while Auditor Suzanne Bump said she would accept the pay hike. The auditor's salary will increase from roughly $140,000 to $165,000.

A spokesman for Secretary of State William Galvin did not respond to a request for comment.

Timilty, a former House member whose first vote in the Senate came on the issue of raises, declined to comment on his vote when approached outside the chamber Thursday.

Gobi, a Spencer Democrat, called her decision to oppose the measure a "conscientious vote."

"I just thought it was too much considering the situation many of the people in the commonwealth are going through," Gobi told the News Service.

She was also carrying a copy of the letter she intends to send to Treasurer Goldberg declining the pay increase should it become law, and said she hoped her colleagues who also voted no would similarly not accept the raise.

"You can't be hypocritical. If you vote no, you shouldn't take the dough, so I won't take the money," Gobi said.

Legislative leaders worked behind the scenes over the winter on the pay raise bill before springing the topic into the public realm last Tuesday by calling for a hearing on Thursday on a two-year-old report on pay levels for public officials. Lawmakers on Monday night unveiled their bill. With the potential for larger paychecks on the horizon, the branches whisked the legislation through.

While base pay rates of legislators are adjusted every two years based on changes in median income, Senate Ways and Means Chairwoman Karen Spilka defended the pay raises on the floor, arguing that stipends for leadership and senior committee positions had not been adjusted since either 1982 or 1994.

Spilka, of Ashland, promised that the $4.1 million cost of the raises over the final six months of this fiscal year would not require a special budget bill to appropriate more money for salaries, but rather would be absorbed into existing budget.

The only amendment proposing a change to the bill that wasn't withdrawn before debate began was a Sen. Donald Humason plan proposing to delay the raises until January 2019 after the next election cycle. Humason said postponing the pay raises would be in keeping with how Congress and many city council's deal with compensation changes for elected officials.

The amendment was rejected on a voice vote.

Newton Mayor Warren, a Democrat who is exploring a possible run for governor in 2018, took on leaders of his own party after the vote and urged Baker to veto the bill, calling it a "poorly rushed-through pay raise plan" that should have been subjected to more debate and transparency.

"Beacon Hill should be focused on putting together a balanced budget without the using even one dollar of one-time revenues, not this. Until Beacon Hill prioritizes issues like the crushing debt too many students need to assume to earn a college degree, no pay increase for elected leaders should be considered," Warren said in a statement. "I'm strongly opposed to the pay raise process that is occurring and urge Beacon Hill to stop, focus their time and energy on higher priorities and put this proposal on a more transparent path."

Legislative leaders did not hold a public hearing on the proposal.

Paul Craney, executive director of the Massachusetts Fiscal Alliance, also chided lawmakers, who consider themselves part of a full-time working Legislature even though activity in the House and Senate can be sporadic, with busy spells sometimes followed by long lulls.

"Being a member of the Massachusetts Legislature is now the best part time job in America," Craney wrote to the News Service.


The Boston Herald
Thursday, January 26, 2017

Gov. Baker says he'll veto legislative pay raise
By Matt Stout


Gov. Charlie Baker said he will veto the proposed legislative pay raise, even though it appears to be veto-proof.

"We will veto this legislation because given the current fiscal outlook for the state, now is not the time to expend additional funds on elected officials’ salaries," Baker said in a statement tonight.

State Senators approved the pay-hike package by a 31-9 vote today, sending the controversial bill along with little resistance and in less than 25 minutes and ensuring it's protected by a veto-proof majority.

Just three of the chamber's 34 Democrats voted against the bill, which awards Senate President Stanley Rosenberg and Speaker of the House Robert DeLeo each a near 50 percent pay hike, along with significant raises to the state's judges and court clerks.

Combined with the House's a 116-44 vote, the bill -- if the votes hold -- would override any veto by Baker, where the bill has now landed.

Among the Democrats to vote against was newly sworn in state Sen. Walter Timilty, a former House member whose father, Walter, would get a more than $20,000 raise under the bill as Norfolk County's clerk of courts.

Timilty, a Milton Democrat, declined to talk to reporters about his vote as he walked from the chamber, adding that he "maybe" will address questions later today.

"See you guys," he said as he walked away.

State Sen. James Timilty, a nephew of the court clerk and cousin to his fellow Senator, did vote for the bill. The Walpole Democrat filed a conflict of interest disclosure at 11:32 a.m. this morning, shortly before the session started, acknowledging that he bill would hike his uncle's pay, but saying he believed he could still participate "objectively and fairly."

James Timilty was not immediately available for comment, according to his office.

Walter Timilty filed a similar disclosure with the state Ethics Commission yesterday.

Senators Anne Gobi and Michael Moore were the other Democrats to join the Senate's six Republicans in opposing the bill.

The legislation was drawing heat from others, too. Newton Mayor Setti Warren, a likely gubernatorial candidate, released a statement urging Baker to veto "the poorly rushed-through pay raise plan."

Any veto, however, could just be symbolic at this point, given the heavy support it has in the Legislature.

"Legislators do valuable work and, like any citizen of the Commonwealth, they deserve to be paid a reasonable wage for their work, but this cannot be a discussion that happens quickly or behind closed doors," Warren said in a statement released shortly after the vote.

The pay raises would make Rosenberg and DeLeo the highest paid legislative leaders in the country -- at $142,500 a year each -- though Rosenberg defended the salaries, pointing to the state's cost of living.

"We wanted to make sure that we had a strong showing today, and we did," Rosenberg said of the vote. "And the governor will have to make his decision. I have no idea what he plans to do."


The Boston Globe
Friday, January 27, 2018

Baker will veto pay raises for legislators
By Frank Phillips


As he had signaled earlier in the week, Governor Charlie Baker late Thursday confirmed he will veto an $18 million pay raise package for legislators, judges, scores of court clerks, their assistants, and other court personnel across the Commonwealth.

Baker offered no sharp criticism of the pay hikes and instead praised the Democrat-dominated Legislature, expressing hope that his veto would not disrupt their strong working relationship.

“Lieutenant Governor [Karyn] Polito and I are deeply thankful for our collaborative relationship with the Legislature that has produced positive results for the people of Massachusetts,’’ Baker said. “And while we disagree on the issue of compensation, we are optimistic that we will continue to work together to carry out the responsibilities entrusted to us by the people of Massachusetts.

“One of those core responsibilities is the responsible custody of the people’s tax dollars, and we will veto this legislation because given the current fiscal outlook for the state, now is not the time to expend additional funds on elected officials’ salaries,” he said.

The governor’s statement came several hours after the Senate voted 31-9 in support of the 18-page pay raise bill and a day after the House approved the measure in an equally lopsided vote, 116-44.

The veto-proof majorities all but guarantee the raises will become law. And because the package includes raises for judges, it is protected from an initiative petition repeal effort, since the state Constitution excludes judicial compensation as a subject for ballot questions.

Baker is expected to formally issue his veto on Friday. Lawmakers will return to Beacon Hill for expected override votes next week.

Massachusetts legislators are barred by a 1998 constitutional amendment from raising their base salary, now set at $62,500; those salaries are instead tied to the state’s median household income and are reviewed every two years. This month, lawmakers received a 4.19 percent increase in their base pay, which increased to $62,547.

The raises now under consideration are actually increases in “leadership stipends” that have not changed since they were put in place 33 years ago.

For example, Senate President Stan Rosenberg and House Speaker Robert DeLeo — who have engineered the bill’s lightening swift enactment — would see their stipends jump from $45,000 to $80,000 above their base salaries.

In addition, DeLeo, who lives in Winthrop, would receive an extra $15,000 for travel expenses, as would all other legislators who live within 50 miles of the State House. Rosenberg, whose residence is in Amherst, would get $20,000, as would his colleagues who live more than 50 miles from Beacon Hill. (These payments would take the place of existing stipends for office expenses and per-diem travel.)

DeLeo and Rosenberg had obtained an informal opinion from the State Ethics Commission that said legislators were not violating the state’s conflict-of-interest law by voting on the raises. On Thursday the Senate rejected an amendment by Senator Donald F. Humason, a Republican from Westfield, that would have delayed the pay raise until the next Legislature took office in January 2019.


The Boston Herald
Friday, January 27, 2017

Hey, Tall Deval, thanks for absolutely nothing
By Howie Carr


I hate to be cynical about this latest Beacon Hill pay heist but . . .

Did you notice that Gov. Charlie “Tall Deval” Baker didn’t come out against it until after the first vote in the House Wednesday afternoon?

You know, the 115-44 vote that showed that the hacks had the numbers to override a veto by the governor. So at that point, Baker could go out and fearlessly announce his intention to veto the bill, since it would be an absolutely pointless gesture.

Tall Deval is against the pay raises — wink-wink, nudge-nudge.

Is it too late to nominate him for a Profiles in Courage award?

Do you suppose he’ll want to get involved in any attempt to repeal the pay hikes via a ballot question? Don’t hold your breath on that one.

Don’t get me wrong, I’m glad Baker’s vetoing the bill. It’s a real stinkeroo. He really didn’t have any choice, did he, considering that this is the hacks’ second pay raise in a month?

But how pathetic is it that House Speaker Bobby DeLeo, the unindicted co-conspirator, and Senate President Stanley Rosenberg can get away with making themselves the highest-paid legislators in the country, and 95 percent of the Democrats in the General Court say absolutely nothing.

For the record, nine of the 125 Democrats in the House and three of the 34 in the Senate voted against the pay raises for their masters.

This is what happens when you have a one-party state. The party in power loses all fear. When you know you won’t have any opposition in the next election, you can make any bad vote you want.

Think about the freshmen legislators. This was their first vote. Now they have to vote on the override. Their Republican opponents in 2018 can take out ads:

“Rep. So-and-so’s first two votes in the Legislature were to give a $45,000 pay raise to a speaker who had to spend more than a half-million dollars in legal fees after he was named as an unindicted co-conspirator in a federal corruption indictment.”

Good stuff. Too bad that in all likelihood, Rep. So-and-so won’t even have a GOP opponent next year to run that ad against him.

Why don’t the Republicans ever recruit anybody to run against these shameless greedy hacks? Think of all the money Tall Deval spent on lesser races last year. Unfortunately, he was much more interested in putting up his own candidates for state committee than for the state Legislature.

So now he controls the GOP state committee — 20 of its members have hack state jobs. Talk about a small pond. But, by God, they do what the governor tells them to, just like he does what DeLeo and Rosenberg tell *him* to do.

Stanley Rosenberg said yesterday they wanted a show of power. I’d say 31-9 gets the job done. What a guy — he’s been lurking in the State House corridors since 1980, since Jimmy Carter was president.

And now he’s going to make $147,000-plus a year. Who says crime doesn’t pay?

Listen to Howie 3-7 p.m. weekdays on WRKO AM 680.


The Boston Herald
Friday, January 27, 2017

Ballot question can roll back pay hikes...just not all at once
Matt Stout


Fiscal watchdogs irked by the Legislature’s lightning passage of an $18 million pay hike could have an avenue to challenge the veto-proof measure at the ballot box after all, offering them hope of trying to claw back parts of it in 2018.

The bill, which landed on Gov. Charlie Baker’s desk last night, appears certain to become law — despite Baker’s promised veto — after it breezed through both branches with an overwhelming veto-proof vote margin.

The package hikes the pay of House Speaker Robert A. DeLeo and Senate President Stanley C. Rosenberg by nearly 50 percent, but also doles out $25,000 raises to the state’s judges. The Boston Globe reported that the state constitution outlines that any law that includes judicial compensation can’t be repealed in its entirety by a ballot referendum, seemingly making the pay hike untouchable.

But state law offers another path: Advocates say they could potentially pursue an initiative petition, which allows residents to seek to repeal a particular section of a law. That could allow opponents to target any of the 50 sections that don’t involve judicial pay raises but addresses those of lawmakers or other officials.

“This thing was such an insult to anyone paying taxes, it would behoove us to look at some way to rescind or at least limit the damage,” said Chip Faulkner of Citizens for Limited Taxation, which opposes the pay hikes. “This is another approach and one we’re certainly going to take a look a it. It’s outrageous what they (lawmakers) did.”

Attorney General Maura Healey’s office, which certifies ballot initiatives, said the initiative petition process could “theoretically” be used to target a section of a law, but noted her office would have to review any specific petition to ensure it is legal.

That path may be a final hope for critics, after the Senate passed the legislation, 31-9, yesterday, with just three of the chamber’s 34 Democrats voting against it. The House passed it Wednesday by a 115-44 margin.

Baker, who’s said he’ll turn down his own pay raise, said in a statement he plans to veto the bill today because “now is not the time to expend additional funds on elected officials’ salaries.”


State House News Service
Friday, January 27, 2017

Baker rips "irresponsible" pay raise bill, GOP targets freshman Dems
By Colin A. Young


Gov. Charlie Baker needled the legislative pay hikes that lawmakers approved for themselves this week as "fiscally irresponsible," but defended the Legislature's process and stopped short of saying he'll lobby lawmakers to sustain the veto he handed down on Friday.

The controversial $18 million package of pay raises for lawmakers, judges and constitutional officers was swept through the House and Senate this week with veto-proof majorities. Republican lawmakers were united in their opposition to the raises and Baker declared his veto plans after receiving the bill.

"For most people, the timing of this is inappropriate, and the scale and size of the adjustment is as well," Baker said Friday during a press conference he called in his office to discuss the matter.

While Baker was coy about whether he would directly lobby lawmakers to reverse their votes, the party he leads was direct about its intentions. Digital ads are being launched by Republicans targeting freshman Democrats who voted for the pay raises ten House newcomers voted for the bill and two new senators.

"These freshman Democrat legislators may be pleased enough with their performance in the past few weeks to merit a raise, but their employers - the taxpayers - might disagree. By voting to give themselves a taxpayer-funded raise before they have accomplished much of anything, these freshmen have shown they're wasting no time adjusting to the Beacon Hill insider culture," MassGOP spokesman Terry MacCormack said in a statement.

House Speaker Robert DeLeo's office and Senate President Stan Rosenberg's office declined to respond Friday to the governor's veto and criticisms. A House source said the House plans to vote on overriding the governor's veto next week.

Baker added at his press conference that he and Lt. Gov. Karyn Polito "hope this action will at least ensure that the citizens have more time to make their voices heard."

Baker said hundreds of people have called his office with concerns about the pay raises and Baker implored them to "share their concerns with their own senators and representatives, many of whom agree with our decision."

Legislative leaders have taken heat this week for the way they went about boosting their paychecks, having never held a public hearing on the bill itself but instead holding one on a 2014 report recommending even greater pay increases, and hurrying the package through their branches.

But Baker on Friday defended the process, despite vetoing the bill and suggesting citizens direct their concerns at the Legislature.

"In fairness to them, OK, on the hearing, they had the hearing on the 2014 report," he said. "The process they pursued on this has been public. I mean, everybody voted on it, they're on the record on it."

In his veto letter though, Baker faulted the process, saying the bill passed "without a reasonable opportunity for public comment."

Assuming the votes hold, opponents would need to flip 10 additional Democrat votes in the House or five in the Senate to sustain Baker's veto. All 41 Republicans in the House and Senate voted against the bill.

Asked whether he will lobby Democrats to flip their vote and uphold his veto, the Republican governor said he is "certainly going to talk to some of the folks who have been supportive of our position on this and see what thoughts they have about what might make sense going forward."

When a reporter pointed out that if his veto is to be upheld he'll need people who don't already agree with him to come around to his point of view, Baker said, "They're members of both parties and members of both branches, and I think their insights on this is probably the best place for us to start."

Baker also suggested, and gave as an explanation of his veto, that the pay raise bill would eliminate laws meant to limit statewide officeholders from receiving pay for more than two straight terms. But court decisions, media coverage and state officials suggest that those laws were overturned by the state's highest court almost 20 years ago.

"Upon our further review, this legislation would effectively repeal the terms limits voters set for constitutional offices at the ballot box in 1994," he said. In a statement, he suggested it was "perhaps as a consequence of this rushed process."

The governor's office pointed to language in the general laws that prohibits constitutional officers except the governor from receiving compensation if they serve more than two consecutive terms.

Voters approved the language as a 1994 ballot initiative, but the Supreme Judicial Court invalidated the entire ballot law in 1997, according to Secretary of State William Galvin's office.

Writing for the court, Chief Justice Herbert Wilkins a Gov. Frank Sargent appointee elevated to chief justice by Gov. Bill Weld ordered that the ballot law was "unconstitutional insofar as it seeks to limit access to primary and general election ballots to certain State officers identified in chapter 230 and seeks to eliminate the payment of compensation and benefits to certain identified in chapter 230 and seeks to eliminate the payment of compensation and benefits to certain of those State officers if they should be reelected in an election in which their names are not printed on the official ballot."

A Baker press aide said the governor's chief legal counsel, Lon Povich, was not available to discuss the term limits language and SJC decision with the News Service.

Over two days this week, House Speaker Robert DeLeo and Senate President Stanley Rosenberg mustered veto-proof majorities in both branches for the bill (H 58) that include $45,000 raises for the Legislature's top two Democrats bringing their salaries to over $142,000. In addition to $2.8 million in salary and office expense increases for itself, the Legislature voted for $25,000 raises for judges and hikes in the pay for all six constitutional officers, including the governor.

The House enacted the pay raises on a 116-43 vote, and the Senate voted 31-9 in support of the pay raises after very little debate.

Even if the pay raises become law, Baker has said he and Lt. Gov. Karyn Polito would decline the increases in their own pay, including the proposed $65,000 housing allowance for the governor that would be added to his new $185,000 salary. The raises and the new housing allowance, should they survive, would be available for Baker's eventual successor and future governors.

A potential Baker rival in the 2018 election, Newton Mayor Setti Warren, took to Twitter Thursday night to urge fellow Democrats to change their minds about the bill. "I urge my fellow @massdems to rethink this one before the override vote. If 5 senators or 10 Reps reconsider, no pay raise," Warren wrote.

The tweet drew a pointed response from one House Democrat. Rep. Paul Mark, a Democrat from the western Massachusetts town Peru, tweeted Thursday night, "I urge candidates for governor to practice what they preach & stop pandering to the right" with a link to a Boston Globe article about a $27,000 pay raise Warren proposed for himself as Newton mayor in 2012.

Warren was not available Friday, but advisor Kevin Franck provided a "fact sheet" detailing the circumstances of Warren's 2012 mayoral pay increase.

The raise was approved by Newton's Board of Aldermen after a public input process, the fact sheet said, "he didn't decide his own raise."

"Mayor Warren agrees that the salaries of public service positions should be competitive to ... attract talented candidates and reward hard work," the fact sheet said. "He has said the question of legislative pay raises is a valid one. His criticisms have been about the process."

Through an advisor, Jay Gonzalez, a Democrat who served as the architect of Patrick's budgets and finance policy for more than three years and is now considering a run for governor, did not respond to a request for comment Friday.

Andy Metzger contributed reporting


The Boston Globe
Friday, January 27, 2017

Baker vetoes ‘fiscally irresponsible’ pay raises
By Frank Phillips


Governor Charlie Baker vetoed a pay raise package for legislative leaders, judges and others on Friday, calling the proposal “fiscally irresponsible” and “enacted without sufficient debate.”

In his letter to the Legislature vetoing the bill, Baker also said that by mandating the raises go into effect immediately, the legislation places an “unplanned, additional burden” on the current fiscal year’s state budget.

Baker’s veto follows lopsided votes in the Legislature in favor of the pay raises: The Senate approved the package 31-9, and the House voted 116-44 in favor earlier in the week.

The veto-proof majorities all but guarantee the lawmakers will be able to override Baker’s veto next week and force the raises into law.

On Friday Baker showed little inclination to use the leverage of his office to lobby House or Senate members to switch their votes and support his veto. Only 13 House members — all of them Democrats who voted for the pay raise since the entire 35-member GOP caucus voted against the bill — would have to be persuaded to switch.

“I am going to start with the folks who supported our position,’’ Baker said when asked if he would lobby the Legislature. “I think their insights on this is the best place to start.”

Because the package includes raises for judges, it is protected from a referendum repeal effort. The state Constitution excludes judicial compensation as a subject for referendum ballot questions.

But Baker suggested that the legislative pay raise sections of the bill could be separated out and targeted for repeal via an initiative petition. That process would require far more voter signatures to get on the 2018 ballot and would likely be litigated. Opponents appear not to be as organized as they have in previous pay raise battles.

The package, estimated to cost $18 million when fully implemented, was first proposed by a commission in 2014.

Baker also complained that the legislation removes a 1994 term limit provision for constitutional officers, who would get a huge wage hike. But the Supreme Judicial Court ruled in 1997 that the term limit statute violated the state Constitution and it never went into effect.

Massachusetts legislators are barred by a 1998 constitutional amendment from raising their base salary; those salaries are instead tied to the state’s median household income and are reviewed every two years. This month, lawmakers received a 4.19 percent increase in their base pay, from $60,032 to $62,547.

The legislative raises in the package Baker vetoed on Friday are actually increases in “leadership stipends” that have not changed since they were put in place 33 years ago.

For example, Senate President Stan Rosenberg and House Speaker Robert DeLeo would see their stipends jump from $45,000 to $80,000 above their base salaries.


The Boston Herald
Friday, January 27, 2017

Baker vetoes pay raise for lawmakers; will likely be overruled
By Matt Stout


Gov. Charlie Baker today vetoed the massive pay hike package lawmakers jammed through the State House this week, calling the bill "fiscally irresponsible."

Baker said the pay hikes, which lawmakers said could cost nearly $18 million a year, makes for "unplanned" financial burdens on the state's budget and adds to the state's pension liability down the road.

The Swampscott Republican, who addressed the media this morning, also said the bill would also "effectively repeal the term limits voters set for constitutional officers at the ballot box in 1994."

Baker's action ultimately could be moot. The bill passed both the House, 116-44, and the Senate, 31-9, with veto-proof majorities, signaling there's enough support to override his opposition.

The legislation gives Speaker of the House Robert DeLeo and Senate President Stanley Rosenberg a near 50 percent pay hike, pushing their pay to $142,500 a year, while also raising stipends for many legislative leadership positions, the salaries of constitutional officers and pay for judges.

But Baker said his office has heard from "hundreds" of residents decrying the pay raises and urged people to press their lawmakers, "many of whom agree with our decision."

"We hope this action will at least ensure that citizens have more time to make their voices heard," Baker said.

Asked if he'd personally lobby lawmakers, Baker said he'd talk to "folks who have been supportive of our position," but didn't indicate if he would press those who passed the bill, which he would need to flip in order to keep his veto intact.

Baker also said there's questions if parts of the bill could be targeted at the ballot box, saying it could be "subject to further review and discussion." The Herald reported today that an avenue could exist through an initiative petition, which allows residents to seek to repeal a particular section of a law.

Given the bill includes raises for judges, it's barred under the constitution from being subject to a referendum. But an initiative petition, a different process, could theoretically be used, though the Attorney General's office said it would have to review any petition that was submitted.

"It may be possible to put sections of the law before the voters and have voters vote on that," Baker said.


The New Boston Post
Thursday, January 25, 2017

Drinks Are On Bobby
By Matt McDonald


If you were the governor of a state where the other party outnumbered your party in the Legislature 3½ to 1, you might look for ways to make the legislators happy.

And if you had it in your power to give those legislators a pay raise, you might do it.

You might say to yourself, “How am I ever going to get anything done unless these people are willing to work with me? And how I am going to get them to work with me unless I give them a raise?”

Governor Charlie Baker made such a decision in late December.

Cost the rest of us $500,000.

But what happens when you give in? They always want more.

The ill-gotten gains have hardly had time to jangle in their pockets and the Democrats on Beacon Hill are already looking for another score.

This time, Speaker Robert DeLeo and Senate President Stanley Rosenberg are apparently about to get a $45,000-a-year raise. Then there’s an increase of $37,500 to the majority and minority leaders, and an increase of $40,000 to the chairman of each house’s Ways and Means committee. State legislators would get $15,000 extra to take the place of the per diems (which amount to special pay for driving to work), plus more if they live far from Boston.

Increases for the governor, the lieutenant governor, the attorney general, the secretary of state. Increases for judges.

The governor says he may veto the bill. But the speaker thinks he may have enough votes to override the governor.

Let’s set aside the outrageous numbers. Let’s forget about the estimated $4.1 million total cost per year mention on the floor of the house, of which $1.4 million is for the legislators. (One report says the true figures are $6.5 million for the rest of the current fiscal year and $12 to $18 million next fiscal year.)

Something is fundamentally wrong with the political system in Massachusetts.

How did we get here?

By overvaluing government.

Hacks on Beacon Hill will tell you that they work hard and they deserve the money.

I’m not sure about that. But let’s say it’s true. Therein lies the problem.

They work too hard.

They need some time off.

If they were part-time legislators, they might not pass as many laws. They might not find as many nooks and crannies to poke their noses in. Maybe we’d have fewer statutes, fewer regulations, and more freedom.

We’d sure as heck have more money.

How could we survive with part-time legislators?

Well, let’s consider an example. And not that far away.

Among the English-speaking democratic governments, New Hampshire has the fourth largest legislature in the world. (It goes British Parliament, United States Congress, Canadian Parliament, New Hampshire Legislature.)

The House of Representatives in New Hampshire has 400 members. That’s almost three times the size of the House of Representatives in Massachusetts for a state with one-sixth the population. So government in New Hampshire is very representative.

How can New Hampshire afford so many legislators?

The state pays them $100 a year.

A hundred bucks a year? Are you serious?

Yes.

Oddly enough, getting candidates isn’t a problem. Neither is getting contested elections.

That’s because there are enough people in the Granite State interested in contributing to their government that they’re willing to do it in their spare time, without making a career of it.

Whether it’s for ego, power, prestige, community service, or all of the above, people in New Hampshire run for the state Legislature knowing that they aren’t going to make money doing it.

Now, New Hampshire isn’t perfect. It has its problems. And its legislature is often, well, mediocre.

But so is the one in Massachusetts. And so is almost every legislature everywhere. The last impressive body of legislators was the Second Continental Congress.

In New Hampshire, though, it’s mediocrity on the cheap.

Even more important, though, is that New Hampshire legislators tend to abide by the Hippocratic Oath — “First do no harm …”

We could use some of that around here.

 

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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