Call On Your State Legislator Now To Repeal ACT 51 COLAs

Written by Roberta Biros (a.k.a. “Roberta in Mercer”)

I have already written extensively regarding my opinions on the Legislative COLAs earlier in the month in my blog posts titled “Michele Brooks Gives Back Legislative Pay Raise, but Can More Be Done To Really Save Money in Harrisburg?” and “An Early Christmas Gift For All of Us: Brooks and Robbins are both thumbs-up for Legislative Pay Raise “Give Back”.

For those of you that have not had the pleasure (or time) to read my past blog posts, allow me to review some of the facts briefly:

• In 1995, Pennsylvania legislators passed a law (ACT 51) that established cost of living increases (referred to as COLAs) for themselves and other state officials, including the governor and judges.
• In 2005, the legislature pushed through a middle-of-the-night pay raise that was to replace the COLAs. The public forced the legislature to repeal that pay raise just a few months later . . . leaving the COLAs in place.
• On December 1 of 2008, the latest COLA increase went into effect. The base salary for Pennsylvania lawmakers went up from $76,163 to $78,315; Gov. Ed Rendell’s pay went from $170,150 to $174,914; and Supreme court Chief Justice Ronald Castille’s salary went from $186,582 to $191,876.
• Based on the weight of the troubled economy (and Pennsylvania’s expected budget shortfall), some lawmakers (like Rep. Michele Brooks, 17th District (R)) came forward immediately and said that they planned on giving back their legislative pay raise. Others soon followed (Robbins, Longietti, and Stevenson of Mercer County all agreed).
• Unfortunately, the state is unprepared to accept the “give backs”. Alexis Brown, comptroller for the House of Representatives said “I can’t deduct if from their salary”. Instead, anyone that wishes to reject the raise must send a refund to the State Treasury (or, they have the option of donating the money to a charity). Additionally, officials are still required to pay state and federal income taxes on the raises.

To make my opinion on this issue clear to my Legislators, I sent Thank You / Christmas Cards to each of those from Mercer County who volunteered to “give back” their pay raise. I thought that turning down the raise was a great first step, and I congratulated each of them for it. However, I believe that more can be done in this area.

I’ve read in numerous sources that Rep. Barbara McIlvaine Smith, D-Chester, plans to introduce legislation in January that would repeal the 1995 law that paved the way for the annual automatic cost-of-living adjustments for state officials. Her bill would require future salary increases to be passed by the Legislature and signed by the governor. I whole-heartedly support this legislation, and I am going to request that my State Representative and State Senator do the same . . . officially.

I realize that some other conservatives have taken a more aggressive stance on this issue by also “demanding” for a legislative pay cut (5% or 10% have been suggested). My approach is a bit more polite and respectful, and I urge other fiscal conservatives to take a similar stance. I’d like to think that we can all still be civil and respectful while making requests (or demands) of our elected officials.

I’ve drafted a simple letter stating my stand on this issue, and I’m sending it to my Representative (Mark Longietti) and Senator (Bob Robbins). I’d like to urge other conservatives to do the same. I’ve generated a letter in PDF format which can be downloaded HERE. If you’d prefer, you can also call or fax the information to your legislator. Here is the simple verbiage of the letter:

Dear Pennsylvania State Senator / Representative:

I support all Pennsylvania State Legislators who have volunteered to “give back” their 2.8% salary increase, but I still expect more from our lawmakers.

I am writing to you to let you know that I support the REPEAL OF ACT 51 of 1995 which allows for automatic cost of living increases for Pennsylvania Lawmakers (COLAs). I am asking you to openly support ANY effort to REPEAL Act 51, and to do so as an order of first business during the 2009-2010 session.

As a registered voter in your district, I expect a respectful response at your earliest
convenience.

Respectfully,

The letter should be signed with your personal information, and (for Mercer County residents) it can be sent or faxed to:

Hon. Robert D. Robbins
337 Capitol Building
Senate Box 203050
Harrisburg, PA 17120-3050
(717) 787-1322

Hon. Michele Brooks
153B East Wing
PO Box 202017
Harrisburg, PA 17120-2017
(717) 783-5008
Fax: (717) 705-1948

Hon. Mark Longietti
103 Irvis Office Building
PO Box 202007
Harrisburg, PA 17120-2007
(717) 772-4035
Fax: (717) 780-4785

Hon. Richard R. Stevenson
155B East Wing
PO Box 202008
Harrisburg, PA 17120-2008
(717) 783-6438
Fax: (717) 705-1949

Phone numbers are also provided should you wish to make your contact by phone. For those of you not located in Mercer County, send this letter to or your representative or senator. Their e-mail and office addresses are available at http://www.legis.state.pa.us/.

As always, just my opinion.

-

Michele Brooks Gives Back Legislative Pay Raise, but Can More Be Done To Really Save Money in Harrisburg?

Written by Roberta Biros (a.k.a. “Roberta in Mercer”)

This story first caught my attention in the Sharon Herald on December 9, 2008 in the article titled “Rep. Brooks giving her legislative raise back”.

You can read the full story here: http://www.sharon-herald.com/local/local_story_344204415.html

I was impressed by Michele Brooks immediate announcement to give back her legislative pay raise . . . especially in light of the fact that her fellow lawmakers were less eager to join her. This prompted my initial comments on the Herald Forum (which can be read at http://community.cnhi.com/eve/forums/a/tpc/f/813104191/m/9541041761). My original comments were simply intended as a pat on the back to Michele based on what I read in the Herald story . . . but, as usual, Forum contributors cried “foul” and explained that I didn’t have my facts right. The suggestion was made that I review the facts. I appreciate the suggestion as it forceed me to push forward for more details . . . I have . . . and as usual I’d like to share my findings with all of you.

First, I admit to my delay in “doing my research”. I’ve been struggling with a bout of laryngitis this week which has had me a bit under the weather. I thought that I should put off the extra work load for a few days, but NOW I’M BACK. I still can't talk very well, but my typing fingers are in A-1 condition.

A contributor in the Herald Forum suggested that I read an article from the Butler Eagle. Unfortunately, because I haven’t been feeling well, I never made it out. Instead I compiled data from roughly eight Pennsylvania and National newspapers regarding this issue. Here are some of the facts:

• In 1995, Pennsylvania legislators passed a law that established cost of living increases (referred to as COLAs) for themselves and other state officials, including the governor and judges.
  
• In 2005, the legislature pushed through a middle-of-the-night pay raise that was to replace the COLAs. The public forced the legislature to repeal that pay raise just a few months later . . . leaving the COLAs in place.
  
• On December 1 of 2008, the latest COLA increase went into effect. The base salary for Pennsylvania lawmakers went up from $76,163 to $78,315; Gov. Ed Rendell’s pay went from $170,150 to $174,914; and Supreme court Chief Justice Ronald Castille’s salary went from $186,582 to $191,876.
  
• Based on the weight of the troubled economy (and Pennsylvania’s expected budget shortfall), some lawmakers (like Michele Brooks) came forward and said that they planned on giving back their legislative pay raise.
  
• Unfortunately, the state is unprepared to accept the “give backs”. Alexis Brown, comptroller for the House of Representatives said “I can’t deduct if from their salary”. Instead, anyone that wishes to reject the raise must send a refund to the State Treasury (or, they have the option of donating the money to a charity). Additionally, officials are still required to pay state and federal income taxes on the raises.
  
• Some lawmakers (local and otherwise) are dragging their feet regarding the “give back”. Some House Republicans are holding back on a commitment to “give back” in hopes of getting Democratic leaders to “give back” other money like per diems, car leases, and legislative grant accounts. Rep. Katie True, Republican from East Hempfield Township stated “I’ll give the COLA back as long as they’re going to pull all of that other money out and put it toward the budget”. Local lawmakers Mark Longietti (D-7th District) and Richard Stevenson (R-8th District) offer similar claims regarding “giving up leverage” and “time to negotiate”.
  
• For the record, one reference from the “Lancaster New Era” stated “Along with Scarnati, Majority Leader Dominic Pileggi, Majority Whip Jane Orie, Appropriations Committee Chairman Jake Corman, Caucus Chairman Mike Waugh, and Caucus Secretary Bob Robbins said they would not accept the cost-of-living adjustment and instead return the money to the Treasury.” This clarifies the grey area left in the Sharon Herald stating that Bob Robbins was simply unavailable for comment. A point that I feel is worth noting here.

Those are the facts that I’ve gathered. Now here are my opinions:

I’m tired of the political posturing that takes place locally, in Harrisburg, and in Washington DC. Michele Brooks did exactly the right thing by pledging to “give back” the raise without the need to make a “deal” first. As I stated in the Herald Forum, “by (giving back the pay raise) QUICKLY AND WITHOUT HESITATION, her gesture is VERY SYMBOLIC (in addition to being genuine). By just doing it . . . and not posturing first . . . she managed to emphasize how very much she believes in it”. I still stand by that opinion.

In the Herald Forum, I also stated the following:

“If I were in Michele’s shoes, I would have done the same thing, and I applaud her for that. I would have said “the pay raise is wrong, and I don’t want it”. If there was no procedure in place to handle the “give back”, I’d still do it and then follow up to make sure that a procedure IS put in place at some point. Actually, I’d probably take it one step further. I’d attempt to author legislation that puts a freeze on all future legislative pay raises until further notice (or at least for the next two years), and I’d see to it that every member of the House and Senate was required to make an up or down vote on the issue. BUT, short of that, Michele has done exactly the right thing.”

Well, folks, I’m glad to announce that there are others in Harrisburg that have the same idea. Allow me to state the following tidbits of fact:

From Jan Murphy, Of the Partriot-News, the article titled “Activist predicts repeal of lawmakers' raise”.

(here is a link to the full article: http://www.pennlive.com/midstate/index.ssf/2008/12/activist_predicts_repeal_of_st.html )

“Citizen activist Gene Stilp predicts a short life for the 2.8 percent cost-of-living adjustment that top executive branch officials, judges and legislators began receiving today.” . . .

"We are predicting that this COLA will be overturned and will be given back to the people of Pennsylvania. This COLA will not stand. Pennsylvanians will not stand for it and the economy will not stand for it," said Stilp of Taxpayers and Ratepayers United, an organization formed to protest the July 2005 pay raise that was later repealed.” . . .

“One way to do it would be through legislation that Rep. Barbara McIlvaine Smith, D-Chester, plans to introduce in January. It would repeal the 1995 law that paved the way for the annual automatic cost-of-living adjustments for state officials. Her bill would require future salary increases to be passed by the Legislature and signed by the governor.”

“Stilp also is calling for scaling back overall legislative pay by 10 percent”

According to “MarketWatch.com” (a digital publication of the Wall Street Journal), “Auditor General Jack Wagner Says He Will Give Back Raise, Urges General Assembly to Freeze COLAs”

(here is a link to the full article: http://www.marketwatch.com/news/story/Auditor-General-Jack-Wagner-Says/story.aspx?guid=%7B54E598BF-90B4-43F0-8285-C0B06DF46AA0%7D )

The on-line press release states:

Saying it was a responsibility of the state's independent fiscal watchdog to speak out on important issues regarding the state budget, Auditor General Jack Wagner today called on the General Assembly to impose a 2-year moratorium on cost-of-living pay increases for state officials to help shrink Pennsylvania's widening budget deficit.

"I believe it's the fiscally prudent thing to do in these very difficult financial times," Wagner said. Wagner said he would ask the General Assembly to make a two-year COLA freeze its first act of business when it returns to session in January. Employees of the legislative, judicial and executive branches received a 2.8 percent cost-of-living raise on Monday. Pennsylvania is facing a budget deficit of up to $2 billion for the 2008-09 fiscal year.

Regardless of the General Assembly's decision, Wagner said, he would give back his 2.8 percent raise by either writing a check to the Commonwealth of Pennsylvania or donating the money to a social services agency that is dependent on state funds.

This article references the Auditor General’s website at http://www.auditorgen.state.pa.us/, but I could not find the press release posted in that location.

So, back to my opinions, it seems that other people have the same idea that I came up with. Unfortunately, they appear to all be Democrats. Now, this takes me back to the opinions that I stated in my blog post titled “Has the GOP Lost its “Brand””. It seems that the Democrats are attempting to hi-jack the entire concept of fiscal conservatism and make it their own. Republicans are left posturing for position . . . and they will eventually be left in the dust.

Michele Brooks did the right thing. In my personal opinion, she should also jump in with ANYONE willing to push through a moratorium on the cost of living increases come January of 2009 . . . regardless of Party lines. Why? Because it is the right thing to do. Her initial step of agreeing to the “give back” is honorable . . . and I do not intend to diminish its importance in any way. However, to position herself firmly as a fiscal conservative by backing others on this issue would be brave and bold. If she drags her feet like her other local counterparts, she may suffer the same fate to which they are destined. This is her opportunity to stand out from the crowd and prove her independence from "the pack".

But, as always, that’s just my opinion.

Question, comments, insults, arguments are all welcomed!

BLOG POST ADDENDUM:

Just for clarification . . . Longietti, Stevenson, and Robbins are not off the hook with me. I directed my suggestion regarding a moratorium on COLAs towards Michele Brooks, but understand that I make the same suggestion of "you fellas" too. I realize that you may all be taking your time to jump on this bandwagon, but I would consider it "better late than never" if you came to your senses soon. I would be relieved to see ALL of our local lawmakers step up and do the right thing for the taxpayers that they represent in Mercer County.
-