CITIZENS   FOR  LIMITED  TAXATION  &  GOVERNMENT
and the
Citizens Economic Research Foundation

 

CLT UPDATE
Monday, July 22, 2002

Let's Roll!


A lifelong state worker, whose best friend is a senator's dad, has been slapped down in a $20,000 salary-and-pension grab that could have opened a Pandora's box of similar claims and a multimillion-dollar rush on the state Treasury....

[Sen. Guy] Glodis and two other Worcester Democrats, Reps. John Binienda and John Fresolo, worked to move the bill through parliamentary pitfalls....

After a two-month holiday hiatus, House Ways and Means administered its blessing on Jan. 15 and Sena's bill was suddenly fast-tracked through the chamber....

Three weeks later, [Senate Ways & Means Committee chairman Mark] Montigny, who has his eyes on the Senate presidency, issued his endorsement and the bill was gaveled through the Senate the same day - under a series of rules suspensions....

But Swift's refusal to sign off puts a spike in the piece.

The Boston Herald
Jul. 22, 2002
Swift KOs $ grab by pol's pal


They had cake.

Because, of course, it was time to celebrate.

Just moments after a shameful roll call last Friday that sealed the biggest tax hike in Massachusetts history, the men and women of your state Senate repaired to the luxurious "reading room" for cake.

"They didn't even do it way back in (the Senate president's) office," said one disgusted observer, who witnessed the $1.14 billion tax hike vote and its gleeful aftermath. "They had cake right in the Senate reading room."

The Boston Herald
Jul. 22, 2002
Approving hike was cakewalk
by Cosmo Macero Jr.


The Massachusetts Legislature is finishing its session in fine fashion. By the time our reps and senators split for the Cape, they will have raised taxes, cut services and thumbed their nose at voters from all ends of the political spectrum....

Between snubbing the voters who enacted the Clean Elections Law and locking out the petitioners looking for a vote on gay marriage, the Legislature scotched the tax cuts voters enacted less than two years ago. This Legislature is nothing if not consistent: consistently arrogant, consistently undemocratic and consistently contemptuous of the referendum process. You get the feeling these guys would do away with elections altogether if Finneran would just tell them how.

The MetroWest Daily News
Jul. 22, 2002
Consistent arrogance from the Legislature this session
By Rick Holmes


Birmingham was not alone in his hypocrisy. Senate minority leader Brian Lees complains that Republicans are hurt by rules abuse, yet it was he who offered the abusive motion to adjourn. Representative Jay Kaufman, a critic of procedural underhandedness when committed by House Speaker Tom Finneran, supported Birmingham's underhandedness because it suited his views. Senator Cheryl Jacques, normally so passionate about fairness even for unpopular minorities, had no problem with cheating the amendment's supporters out of a fair vote. "I'll take a victory on this any way I can get it," she gloated.

The Boston Globe
Jul. 21, 2002
From Bulger's playbook: A travesty on Beacon Hill
By Jeff Jacoby


"I am reading how our Great and General Court has just agreed to hit us with another $1.2-billion tax hike," Freddy said, "and that does not exactly feel like a fresh breeze off the water." ...

"But after it has been all said and done," Freddy continued, "we have a budget that gives us all the opportunity to come up with another $1.2 billion in a tax hike."

"To pay for what we can't afford," I said.

The Salem Evening News 
Jul. 22, 2002
Taxes up, services down: Welcome to the Bay State
By Bill Plante


Chip Ford's CLT Commentary

Can you sense critical mass approaching?

Our out-of-control Legislature has finally run out its reign of unchallenged arrogance. Journalist and columnists from across the Peoples' Republic of Taxachusetts have finally recognized what has been wrought, and they are at last speaking out, speaking in unison.

No longer are we a voice in the wilderness.

The Beacon Hill Cabal has had its run; it is now over the hill and on the downward slope toward retribution.

Because they got away with so much for so long they thought they always could ... but that's not the way it works. They've finally overstepped. They're no longer fooling anyone. Everyone realizes now that they too are at risk from this wave of tyranny.

The "Great and General Court" has finally gone too far, too often.

There has always been a debate among activists and political operatives over the fruits of the initiative and referendum process. We and twenty-three other states share it. The debate has always revolved around whether the I&R process contributes to the dearth of candidates for public office; does the escape valve of making and repealing laws translate into re-electing the same people who created the hardships?

It's always been an interesting theoretical debate, but it has never been resolved. Until now.

Until our elected "representatives" chose to ignore ballot question results in the wave we have experienced this year.

They -- THEY THEMSELVES -- have left us no recourse but to oust them from their sinecures and retake our government.

Beacon Hill pols have chosen the battle, brought it home to us, have given us no alternative, left us no room to maneuver in that longstanding debate.

Until we elect a legitimate legislature which respects the oath of office each member swore to uphold and truly represents those who elected them, anything else in meaningless. We've fallen so far that it will take more than one election cycle to restore representative government here. But in the meantime, that debate is on hold while we work to rectify the tyranny we collectively allowed to settle in and consolidate itself.

There's a big job ahead. Let's roll up our sleeves, folks, and get to work

Chip Ford


The Boston Herald
Monday, July 22, 2002

Swift KOs $ grab by pol's pal
by Elisabeth J. Beardsley

A lifelong state worker, whose best friend is a senator's dad, has been slapped down in a $20,000 salary-and-pension grab that could have opened a Pandora's box of similar claims and a multimillion-dollar rush on the state Treasury.

Francis X. Sena demanded the money after he was accidentally overpaid by a computer glitch, and persuaded three Worcester lawmakers, including family friend Sen. Guy Glodis, to push a special bill onto the governor's desk.

After surviving a 16-month legislative odyssey, acting Gov. Jane Swift refused to sign it Friday, saying it was "an exceedingly ill-advised precedent."

The legislation would have boosted Sena's $1,018.78 weekly salary at the Division of Industrial Accidents by $150 per week, and given him $20,000 in "back pay" over the four years since the computer glitch was fixed and his pay was cut.

Had the bill become law, DIA could have faced claims totaling $125,000 from 11 other workers with similar situations, sources say. Another 200 workers at agencies statewide could also have made the case, pushing the tab as high as $4 million.

Meanwhile, the state is scrambling to plug a $2.5 billion deficit, slicing and dicing entire programs.

The trouble began in 1996, when Sena, a 44-year state employee from Worcester, won a promotion from investigator to "compliance officer," a move that boosted his pension.

While being promoted and given a pay hike, a then-undetected statewide computer glitch tacked an extra $150 a week onto Sena's pay, a situation that persisted until 1998.

After the glitch, which affected more than 200 workers' salaries, was discovered and fixed, Sena's weekly pay was reduced by $150, forcing a corresponding reduction in his pension benefits.

Glodis took up Sena's cause, arguing in a letter to Senate leaders that an "injustice" had been inflicted on the disabled Vietnam veteran.

The promotion required Sena to go to Boston every day, adding "approximately 250 miles per week to Fran's commute plus the cost of parking," Glodis said.

That created a "tremendous amount of wear and tear" that may have been responsible for Sena's two recent heart attacks, Glodis added.

"He turned his life upside down so that his retirement years would be slightly more secure," Glodis wrote. "After performing his end of the deal for almost three years, DIA ripped the rug and his future security out from under him."

Glodis and two other Worcester Democrats, Reps. John Binienda and John Fresolo, worked to move the bill through parliamentary pitfalls.

Fresolo, a second-term, backbencher state rep, put his name on the piece and filed it. Then Glodis and Binienda, both members of the leadership team, repeatedly resurrected it.

After a two-month holiday hiatus, House Ways and Means administered its blessing on Jan. 15 and Sena's bill was suddenly fast-tracked through the chamber.

The bill sat paralyzed in the Senate Ways and Means Committee, largely because Wakefield GOP Sen. Richard Tisei's mother is one of the 11 DIA workers whose pay was also cut after the glitch.

Glodis intervened on April 23 with a letter to Chairman Mark Montigny demanding "special consideration."

Three weeks later, Montigny, who has his eyes on the Senate presidency, issued his endorsement and the bill was gaveled through the Senate the same day - under a series of rules suspensions.

After languishing so long, the rush was on these past few weeks, as the Legislature bears down on the July 31 end of formal sessions - after which any lawmaker can kill any bill with a single objection.

But Swift's refusal to sign off puts a spike in the piece. A simple veto would have given lawmakers the option of override.

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The Boston Herald
Monday, July 22, 2002

Approving hike was cakewalk
by Cosmo Macero Jr.

They had cake.

Because, of course, it was time to celebrate.

Just moments after a shameful roll call last Friday that sealed the biggest tax hike in Massachusetts history, the men and women of your state Senate repaired to the luxurious "reading room" for cake.

"They didn't even do it way back in (the Senate president's) office," said one disgusted observer, who witnessed the $1.14 billion tax hike vote and its gleeful aftermath. "They had cake right in the Senate reading room."

That's the favorite haunt of Senate President Thomas F. Birmingham, who has adopted the room right off the Senate floor as his personal press briefing center and TV studio.

The cake moment was dripping with symbolism, even if it was an alleged birthday bash for Sen. Bob Travaglini (D-East Boston).

Voters have long given up on finding traces of integrity in the House. It was two years ago this week that the wags there got liquored up during an all-night spending spree - voting for colleagues on budget items when they weren't even in the building.

One rep was on a jet to a family vacation when his voting button was pushed three times.

But the Senate, under Birmingham, is supposed to be the body with big vision. Instead, it has sunk almost to the declasse level of the House, with Senate leaders obsessed with succession to the president's chair, uninterested in good ideas and blase to almost everything else in the midst of their tax orgy.

One result: Some of the very issues that Birmingham and his leadership team have pledged to fight for are suffering from this legislative malaise....

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The MetroWest Daily News
Monday, July 22, 2002

Consistent arrogance from the Legislature this session
By Rick Holmes

The Massachusetts Legislature is finishing its session in fine fashion. By the time our reps and senators split for the Cape, they will have raised taxes, cut services and thumbed their nose at voters from all ends of the political spectrum.

Wednesday, the lawmakers stuck it to 130,000 voters on the cultural right who had wanted to get a referendum on gay marriage onto the 2004 election ballot. They had followed the rules laid out in the state Constitution. They had signed petitions asking the Legislature to consider an amendment which, according to the rules, is supposed to trigger a vote by the full Legislature, sitting as a constitutional convention. If 25 percent of the lawmakers vote in favor in two consecutive sessions, the amendment is put to a referendum vote.

But the senate president controls the agenda when the Legislature meets as a constitutional convention, and Tom Birmingham chose not to follow the Constitution's rules. With the assent of 137 legislators, he adjourned the session before the proposed amendment could come up for a vote, stopping a democratic process in its tracks.

To Birmingham and the gay rights supporters who applauded his action, the democratic process is OK unless it stands in the way of stopping a bad bill. The amendment, they say, would take away the rights of gay couples, and you shouldn't be able to amend the Constitution to take away people's rights.

The idea of an unamendable constitution is an interesting one, but it's an idea, not the law of the Commonwealth. The law of the Commonwealth is the Constitution, and if you don't like the way it allows people to vote on amendments, change it. If you think there are certain issues that should be excluded from the citizen petition process, file your own amendment to fix the process.

In the meantime, the law says you make these decisions by bringing them to a vote. Someone who uses raw political power to prevent lawful votes on legislation legitimately submitted is anything but a democrat.

Because Birmingham and his backers were afraid of an up-and-down vote on the amendment itself, it's hard to know which of those who voted against early adjournment were taking a stand in favor of democratic process and which favor the amendment itself.

Let me be clear: I find this amendment discriminatory, unnecessary and mean. But I feel confident that the people of Massachusetts would vote it down if given a chance. The campaign might be divisive, as the opponents warn, but fighting for rights is rarely easy. The campaign could be an affirmation of how far voters have come in terms of respect for gay and lesbian citizens.

There's a nice symmetry to Birmingham's actions, since his counterpart on the other side of the Legislature, House Speaker Tom Finneran, has spent the entire session undermining the referendum process on another issue. Finneran thumbed his nose at the Constitution as well, even ignoring a Supreme Judicial Court order to fund Clean Elections or vote to repeal it.

Between snubbing the voters who enacted the Clean Elections Law and locking out the petitioners looking for a vote on gay marriage, the Legislature scotched the tax cuts voters enacted less than two years ago. This Legislature is nothing if not consistent: consistently arrogant, consistently undemocratic and consistently contemptuous of the referendum process. You get the feeling these guys would do away with elections altogether if Finneran would just tell them how.

Let it not be said, however, that this Legislature lacks a sense of irony. After repudiating the stated wishes of voters left, right and center; after thumbing their noses at the Constitution even in the face of Supreme Judicial Court rulings, the Legislature adopted a bogus Clean Elections compromise that includes putting the issue of publicly financed campaigns on the November ballot.

Given their record, why would anyone think for a minute they'll abide by the results of that election?

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The Boston Globe
Sunday, July 21, 2002

From Bulger's playbook: A travesty on Beacon Hill
By Jeff Jacoby

Thomas Birmingham became the president of the Massachusetts Senate in January 1996, succeeding the unpleasant William Bulger, whose pet he had been since his political career began five years earlier. "There's nobody in public life I have more respect for," Birmingham said at the time, which was a disappointment to the many Massachusetts voters who had wearied of Bulger's disdainful and dictatorial methods.

One might have thought that after 6-1/2 years into his own Senate presidency, Birmingham would be over his Bulger worship. But apparently he continues to approach difficult situations by asking himself, "What would Billy do?" His crude sabotage last week of a proposed constitutional amendment that would have enshrined the traditional definition of marriage -- one man plus one woman -- was not just illegal, deceitful, and a slap in the face of millions of Bay State voters. It was also a page right out of Bulger's playbook.

In 1992, 75,000 voters signed petitions supporting a term-limits amendment to the Massachusetts Constitution. Under Article 48 of that constitution, their next stop was a joint session of the Legislature, which is required -- not invited or permitted, but required -- to put proposed amendments to a vote. If 25 percent of the 200 lawmakers had supported the measure in two consecutive years, it would have moved forward to the state ballot.

But the amendment never came up. The Legislature voted 106-81 to send it to the bottom of the agenda, accepting Bulger's argument that time was needed to seek an advisory opinion on its propriety from the Supreme Judicial Court. At every subsequent joint session, Bulger refused to bring the amendment up -- even after the SJC advised that it was entirely kosher. Time after time he stonewalled, blocking the vote the constitution mandated. When the legislative clock ran out, the amendment was dead.

Later Bulger claimed that the vote to temporarily move the amendment from the agenda had actually been a vote on the merits -- lawmakers "understood the import of the vote they were casting that day," he said, and intended to kill term limits. It was an obvious lie; everyone in the State House knew that a vote of 106-81 would not have killed term limits. On the contrary, it would have kept the amendment alive, since 81 as more than the 25 percent required.

The sleazy maneuver succeeded. The amendment never made it to the ballot. Its proponents asked the SJC to order the Legislature to perform its duty, but the justices said they didn't ave that power. Still, they made it clear that Bulger and his minions had violated the Constitution: "Efforts to obtain term limits by a constitutional amendment foundered," they wrote, "because of the refusal of the Legislature in joint session to take final action on such a proposal as the Constitution of the Commonwealth directed."

Birmingham had the chance last week to show himself a more honest public official than his mentor. He chose instead to mimic Bulger's duplicity. He strangled the proposed marriage amendment by allowing only a vote to adjourn, thereby denying more than 130,000 petitioners the up-or-down vote they were entitled to and wiping his feet on the Constitution he took an oath to uphold. A Bulger wannabe to the end, Birmingham even parroted his predecessor's claim that the vote to stab Massachusetts democracy in the back was actually a vote to effect it. "Today we saw democracy in action," he smirked. "They may not like it, but they lost 2 to 1."

It was the same old lie, and for the same old reason. The vote to adjourn was 137-53, and 53 was more than the needed 25 percent. In other words, if it had  been a vote on the merits, the amendment would have advanced.

Birmingham was not alone in his hypocrisy. Senate minority leader Brian Lees complains that Republicans are hurt by rules abuse, yet it was he who offered the abusive motion to adjourn. Representative Jay Kaufman, a critic of procedural underhandedness when committed by House Speaker Tom Finneran, supported Birmingham's underhandedness because it suited his views. Senator Cheryl Jacques, normally so passionate about fairness even for unpopular minorities, had no problem with cheating the amendment's supporters out of a fair vote. "I'll take a victory on this any way I can get it," she gloated.

You don't have to be an opponent of same-sex marriage to be dismayed by last week's travesty. Indeed, gay and lesbian advocates should find it particularly unsettling. For if democracy in Massachusetts now means that full political rights are available only to those who agree with the kings of Beacon Hill, it is gays, lesbians, and other minorities who have the most to lose. Birmingham was willing to pervert the rules to kill an amendment they deeply despised. The next Senate president may be willing to do the same thing to an amendment they deeply crave.

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The Salem Evening News
Monday, July 22, 2002

Taxes up, services down: Welcome to the Bay State
By Bill Plante

'"It's hot," I said to Big Freddy as I sat down opposite him in our usual booth.

"It's supposed to be, it's coffee," he said.

"No, I was referring to the weather," I said.

"It's July," Freddy said. "July is hot. December is cold. This is not December."

"And you are not reading a calendar," I said.

"I am reading how our Great and General Court has just agreed to hit us with another $1.2-billion tax hike," Freddy said, "and that does not exactly feel like a fresh breeze off the water."

"That is a lot of money," I said, "even here in Massachusetts."

"Times are tough," Freddy said. "You want government to do all those things government does, it costs."

"More than somewhat, as you would say," I said.

"It is all because of the disconnect," Freddy said.

"Disconnect?" I asked.

"Disconnect," Freddy said, "as when you just gotta have something you can't afford, but you pull this string here, and that string there to get somebody else to pay for it. And, meanwhile, they want something they can't afford, but they make a deal that if you back them, they'll back you, and you get together to wheel and deal it through, and once the two of you get going you run up against the others doing the same thing.

"Finally," he continued, "you put the whole thing together, and you come up with the shorts, which means you have to put the arm on those out there who you are wheeling and dealing for, and that's called a budget. The thing is when you've got a bad case of the 'gotta haves,' you don't look too far down the road about the consequences, and that's what you call 'the disconnect.'"

"But even with the tax hike, it will still fall short," I said, "because millions are being cut out of Medicaid."

"It would fall shorter, if you did not put the arm on everybody for more taxes," Freddy said. "It is down from where it was, which is not something to cheer about up on the Hill, but it is down because the economy is in the sewer.

"On the other hand," he continued, "that does not mean you want to give up the goodies. But if something has to go, you make it something like Medicaid because the hospitals won't really turn somebody really sick away. They've got this pool thing for those who can't pay, and if worse comes to worse, you pass some emergency help for a hospital about to go under.

"The thing is, there is always tomorrow," Freddy said, "which is another day. This is today, which I remind you is about three weeks late because the fiscal year ended three weeks ago, and the budget still has to go to Jane Swift, who is still the acting governor, you should pardon the expression."

"Who could veto some of the items," I said.

"And probably will, which takes the heat off those in the House and Senate who can explain to the folks back home that they tried, but it is all Jane's fault. And if she comes down too hard in some places, they can override, providing they have Tommy's -- Finneran and Birmingham, that is -- permission.

"But after it has been all said and done," Freddy continued, "we have a budget that gives us all the opportunity to come up with another $1.2 billion in a tax hike."

"To pay for what we can't afford," I said.

"Massachusetts is a great state," Freddy said, "because we care."

Bill Plante's conversation with "Big Freddy" appear every Monday in this space. His e-mail address is plantejr@southlandtech.net

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