EDITORIAL: Making the Legislature a bit more honest

The Wilmington News Journal
September 28, 2011

http://www.delawareonline.com/article/20110928/OPINION11/109280313/Makin...

George Bernard Shaw once said every profession is in conspiracy against the layman.

You need look no further for proof of the playwright's wisdom than considering the political class.

That includes our own here in Delaware. The state legislators have managed to tuck quite a few benefits for themselves into a variety of bills over the years. For example, they give themselves an extra $7,334 a year in "expenses" over and above their wages. Better yet, they don't have to account for that money.

Then score them another bonus: The expense money counts toward their pensions.

Who wouldn't want a deal like that?

Easy. All you have to do is convince enough voters that you are there to serve the people.

But Delaware's legislators are not alone. According to USA Today, legislators in Texas meet every other year and make only $7,200. But it's not unusual to see a legislator get a $125,000-a-year pension. The reason: The legislators' pensions are linked to the state judges' salaries of $125,000.

The list of outrages goes on state by state.

Is it any wonder many Americans are angry with their government?

Delaware legislators elected before 1997 have a special deal that bases their pensions on the highest-paid legislator. So when then-House Speaker Terry Spence was defeated in 2008, the 76 retired legislators and 17 current General Assembly members saw their pensions go up.

A News Journal investigation shows that monthly pension checks went up 23 percent.

The law was changed in 1997, but the pensions will keep going up for some time as the other vested legislators leave.

The base pay for Delaware legislators is $42,750 a year. Add the unfettered $7,334 in "expenses" and the figure goes up to $50,084.

Then the legislators who hold positions of leadership, such as a committee post, receive extra pay. For example, Senate President Pro Tem Anthony DeLuca and House Speaker Bob Gilligan each receive an extra $19,893 for their leadership positions.

Not bad for part-time work.

Sen. Michael Katz has proposed a bill that would take away the leadership and other stipends. "I don't believe serving in the General Assembly is intended to be an entitlement program."

That's true. But you can make a case that extra duties do deserve extra compensation.

The argument always will be: How much?

The biggest problem is that extra $7,334 in expenses. The Internal Revenue Service now wisely counts that extra $7,334 as income. After all, the IRS reasoning goes, no documentation means no expense. It's income.

But here's the rub: Yes, they now may pay income tax on the money, but it also is counted toward their pensions. It's a benefit that will keep on costing taxpayers years into the future. And for what? What kind of service was rendered?

No one can argue that legislators don't incur expenses.

But in addition to that amount, the legislators get 40 cents a mile for transportation reimbursement. So what are the other expenses?

Why not make the legislators simply supply receipts for what they spent the money on? The rest of the working world accepts that as the natural order of things. In other words, if they don't spend the money for legitimate expenses, they don't get it.

It won't save the taxpayers a lot of money. But it would force the legislators to justify their actions and, above all, be a little more honest with the taxpayers.