Gov. Corbett WAMs PA Again

By Tim Potts of Democracy Rising PA

As he allowed 42,000 working poor citizens to lose their AdultBasic health insurance for want of $54 million, Gov. Tom Corbett quietly approved $48 million in WAMs (walking around money) for lawmakers’ pet projects. He also did not ask lawmakers to give up any of their $188.5 million surplus to help balance the budget. Corbett promised as a candidate to stop WAMs and get the legislature to return all but a fraction of its surplus.

Here is the WAMs story:

Gov. Tom Corbett OKs $48 million in legislators’ grants, WAMs, Harrisburg Patriot, March 11.

Let’s make this simple.

1.  WAMs are unconstitutional. See  Common Cause of Pennsylvania v. Commonwealth, 668 A.2d 190 (1995).

The Commonwealth Court ruling, affirmed by the PA Supreme Court, said that the General Assembly may not, “…authorize, designate, allot, or set aside moneys, either directly or indirectly earmarked for specific entities not under the absolute control of the Commonwealth.”(emphasis in the original by the Court) Id. at 205. If the legislature wants to do that, the Constitution requires that each appropriation be in a separate bill that requires a two-thirds vote for passage. See Article III, Section 30.

Further, the court said that, “…such a designation would violate one of the central tenets of our system of government, separation of powers.” Id.

And, “…the legislative branch may not micro-manage the executive’s power to administer appropriated funds by earmarking the non-governmental recipients thereof.” Id.at 206.

WAMs earmark appropriated funds, after they are appropriated, for non-governmental recipients that are not under the absolute control of the Commonwealth. The funds are appropriated without separate bills that received a two-thirds vote for passage.

2.  All governors, all lawmakers, in fact all public officials, take an oath to “obey” the Constitution. See Article VI, Section 3.

The Constitution does not permit a new governor to disobey the Constitution because his predecessor did. The new governor himself is responsible for obeying the Constitution, including Common Cause of Pennsylvania v. Commonwealth.

3.  Gov. Corbett could have refused to give away $48 million in WAMs.

Every WAM requires the approval of the governor. Corbett could and should have refused to approve the WAMs because they are unconstitutional, but he didn’t.

4.  Then there are his campaign promises to the voters who elected him.

Speaking of WAMs in his response to the 2010 Integrity Questionnaire by Democracy Rising PA and Rock the Capital, Corbett said:

• “The Office of the Governor, with the ability to blue-line legislation and control disbursements of state grants, can and will be effective in rooting out this wasteful spending under my administration.”
• “Essentially, the governor [referring to then-Gov. Ed Rendell] has been able to preside over the willful disbursement of WAMs because his explosive spending agenda has not faced meaningful checks and balances which would accomplish the needed elimination of wasteful spending.”

Click here to read Corbett’s entire questionnaire response. Approving WAMs isn’t the only promise Corbett has broken. Another was the promise to deal with the legislature’s surplus:

“…I will work with the General Assembly to cap the legislative accounts at a fraction of its current level. The current legislative surplus should be used to help relieve the pressure created for Pennsylvania taxpayers by the increasing spending in Harrisburg.”

Gov. Corbett’s budget proposal was business as usual with the General Assembly. Here are some stories:

Lawmakers not asked to sacrifice in Corbett’s budget, KDKA TV Pittsburgh, March 9
Legislative budget barely trimmed, Pottsville Republican-Herald, March 11
Lawmakers: Legislature should lead by example, The Sentinel, Cumberland County, March 11
Balancing the books, then reform, Allentown Morning Call, March 13
PA legislature’s cash bound by few rules, Centre Daily Times, March 13

Comment:

We take no delight in reporting this news for two reasons. First, citizens had every reason to expect Gov. Corbett to live up to his promises. He spent most of a year telling us so.

Second, it doesn’t have to be this way. Other states prove it.

Questions:

• When will our political leaders give us the highest standards of public integrity in America?
• If they don’t, when will we elect new political leaders who will?

Please support our work with a tax-deductible contribution. They hate it when you do that.
Click here or send a donation to Democracy Rising PA, P.O. Box 618, Carlisle, PA 17013.

Thank you!

Budget Pain - Not for Lawmakers, Corbett Staff

By Tim Potts

DR News: Budget Pain: Not for Lawmakers, Corbett Staff

On the day that 42,000 working poor in PA lost their health insurance because Gov. Tom Corbett and lawmakers couldn’t find money to pay for the Adult Basic health insurance program, a Pittsburgh TV station revealed that lawmakers have their own private doctor for the General Assembly.

In addition to paying Dr. Paul Grosh $170 per hour, up to $65,000 a year, lawmakers are using tax dollars to pay Dr. Grosh’s own health insurance, dental, vision and prescription drug costs plus his medical malpractice practice premium. There is no dollar value given for the benefits or malpractice insurance costs.

Here is the report by WTAE-TV’s Jim Parsons:   Taxpayer money used for legislators’ medical treatment.   Click here  to see the contract with Dr. Grosh.

Back to the working poor, the estimated cost of continuing the Adult Basic health care program is reported to be $54 million. The surplus in legislative leaders’ accounts is $188 million.

The legislature’s own health insurance costs taxpayers $19,633 per lawmaker per year, according to a column by John Baer in the Philadelphia Daily News: Gov. Corbett: Read your mail, save the health plan.  Senators have paid 1% of wages, or about $800 per year, for their health insurance since 2007. Representatives have paid nothing but will begin paying 1% in July.

Corbett pays top staff 11% more than Rendell

On Sunday, the Pittsburgh Post-Gazette and Philadelphia Inquirer reported that Gov. Corbett is paying his top staff significantly more than former Gov. Ed Rendell, an average of $129,303 for Corbett compared to $116,440 for Rendell, an increase of 11%. Corbett’s budget axe hasn’t taken swing at staff salaries,  Pittsburgh Post-Gazette, Feb. 27.

Corbett’s office points out that he so far has hired two fewer high-level staff than Rendell so that the total spending is less.

Some in legislature have convictions

As the trial of Sen. Jane Orie, R-Allegheny, continues in Pittsburgh, one legislative staffer has joined the ranks of those sentenced for their crimes in the Bonus Scandal. Former House staffer Patrick Lavelle, Jr. was sentenced this week after pleading guilty to partisan fundraising at taxpayer expense. Lavelle, who cooperated with prosecutors, was sentenced to:

• Serve five years probation
• Pay $5,000 in fines
• Pay $22,000 in restitution to taxpayers for the bonus he received for his political work
• Perform 750 hours of community service

Lavelle worked for former Rep. Mike Veon, D-Beaver, who is currently serving a six to 14-year sentence for his role in the Bonus Scandal. Here’s the story: Bonusgate defendant PJ Lavelle, ex Veon aide, gets probation sentence,  Harrisburg Patriot, March 1

Still awaiting trial are former House Speaker Bill DeWeese, D-Greene, and former House Speaker John Perzel, R-Phila. Other former representatives who also await trial are Brett Feese, R-Lycoming, and Steve Stetler, D-York. Former senator Raphael Musto, D-Luzerne, awaits trial on federal charges unrelated to the Bonus Scandal, and former Sen. Robert Mellow, D-Lackawanna, is the target of another federal grand jury investigation.

Speaking of the Orie trial, jury deliberations were halted today when prosecutors alleged that key defense documents were altered. Orie trial halted over allegation of doctored documents,  Pittsburgh Post-Gazette, March 3. Click here  to see the documents in question.

If we lived in other states…

Common Cause PA’s Barry Kauffman points out that if Sen. President Pro Tempore Joseph Scarnati, R-Jefferson, and Sen. Tim Solobay, D-Washington, lived in any of 35 other states, they could be facing criminal charges today. The two are among an unknown number of lawmakers treated to the Super Bowl by Consol Energy, a leading energy firm with an interest in Marcellus shale drilling and extraction. Here are two stories:

Perks from PA drilling interests,  The Philadelphia Inquirer, Feb. 13
Scarnati to pay back shale company for Super Bowl junket,  The Philadelphia Inquirer, Feb. 14

Two-thirds of PA voters want to prohibit public officials, not just legislators, from taking gifts from lobbyists and special interests. The other states prove it can be done.

Questions:

• Why can’t PA ban gifts as many other states have done and PA voters want to do?
• Why isn’t pushing public integrity a priority for the governor and legislative leaders?
• Why isn’t the generous package of salary and benefits that taxpayers provide enough for these people?

Please support our work with a tax-deductible contribution. Click here  or send a donation to Democracy Rising PA, P.O. Box 618, Carlisle, PA 17013.

Thank you!