Open Government–Ha
Jan 26th, 2012 by David Anderson
Would you like to know if your state legislator actually worked at his/her other state job? HB 176 by House Minority Leader Greg Lavelle would make public documents the timecards of state legislators. Yesterday, Democrats in the House Administrative committee defeated the measure on a party line vote. It was feared too many Democrats would be embarrassed. It is against state law to be paid twice for the same time by the state government therefore the bill is relevant. In the past, members of both parties have been accused of such behavior. This bill has bipartisan support including Senator Katz –Lavelle’s likely election opponent. That did not impress the leadership of the house which runs the House Administration Committee. It was DOA.
The Governor spoke of open government and transparency in his State of the State address last week. If he wants to make a bold move, he could classify these as public records by referencing existing law by executive order. Well, that would be too serious. In the meantime, Crown Prince DeLuca gets to laugh all the way to the bank.
“… he could classify these as public records by referencing existing law by executive order.”
No, he couldn’t. A governor can’t exempt records from FOIA by executive fiat. An exception has to be written into the law and passed by the GA.
Maybe the Ds were protecting Joe Booth?
If he bases it upon current law, he could. It is just his interpretation. If someone doesn’t like it, they could challenge it in court.
The fact that the Democrats will not let this bill come up for a vote says all that you need to know. I am sure Joe Booth knows not to double bill the taxpayer after all the flack he heard taking the job, but wouldn’t you like to know that for sure. There is absolutely nothing wrong with a state elected legislator working in state government. There is something wrong with billing twice for the same hours. That is double dipping and it is illegal.
Maybe the Ds were protecting Nick Manolakos?
In 2008 in the Governor’s race I was told by a lobbyist for a Pharma firm how the legislature is viewed. They are 62 individual franchises who have ‘franchisees’. Those franchises have to be supported by jobs for the elected members(franchises) and their family members(franchisees).
How about something simple like a detailed nepotism policy? An Inspector General to enforce the rules and stop the incestuous circle of subterfuge.
Mike Protack
“If he bases it upon current law, he could. It is just his interpretation. If someone doesn’t like it, they could challenge it in court.”
I think you’re confusing the governor with the Attorney General. The AG’s office is tasked with providing interpretations of FOIA, and in this case it has done so.
The governor cannot simply issue an executive order overriding an AG’s opinion that he or she doesn’t like. Think about the implications on other issues, beyond public access.
You’re right, the courts are the ultimate arbiters on FOIA matters. But if the the legislature dislikes a court ruling on a specific provision in the law, it can change the law and effectively nullify the court ruling. The governor cannot change the law by fiat.
Maybe th Ds were protecting Gary Simpson? And yes I know he just announced his retirement, but he has been double dipping for past 20 years.
Really prove it.
I just did.
No you did not. Getting paid for work that you do is normal. It is not double dipping to have a full time job and a part time job when you do both. Earning a retirement the same as anyone else based upon the work you do is just deferred compensation that you earned. It is not some charity or scheme.
Getting paid for work that you do not do is another issue when you used your position of power to make it happen.
Now if you want to continue to ignore reality, that is fine but the house Majority Leader said it straight to his credit that he is trying to prevent certain individuals from being embarrassed. He sees it as an attempt to embarrass Mr. De Luca. It is fine to be a teacher and a legislator or a professor at a University and be legislator. That is legitimate. It is not fine to bill the taxpayers for a class that you did not show up to or have covered through personal time etc. and already get paid as a legislator for that time. I remember that being a big item of dispute when Nancy Wagner allegedly left a few minutes early a particular time, but now it is fine to not even look at the issue when systematic abuse is alleged. Go figure.