News: State court rejects lawsuit over perks for PA legislators in 2006

(Note: as if we needed any more reasons to vote NO on judges in 2007.)
: Source: Tuesday, November 14, 2006, By Tracie Mauriello, Post-Gazette Harrisburg Bureau
HARRISBURG -- State legislators' car leases, health insurance, and
per diems are not forbidden by the Pennsylvania constitution, a six-
judge panel.
Harrisburg activist Gene Stilp, who filed the Commonwealth Court suit
in February, 2006, based his claim on a section of the constitution
providing for legislators to receive "salary and mileage for regular
and special sessions as shall be fixed by law, and no other
compensation whatever" and prohibiting mid-term raises.
Judge Robert Simpson Jr., writing for the majority, suggested Mr.
Stilp is interpreting the section too literally.
The state Supreme Court has consistently interpreted the section
to "prohibit only 'salary' and 'mileage' increases during a
legislative term," Judge Simpson wrote.
"Although language in the constitutional provision could support a
conclusion that state legislators should not receive anything of
value beyond 'salary and mileage,' that construction was repeatedly
declined by the Supreme Court and ... has not been the law in this
commonwealth for the last 125 years."
Mr. Stilp, though, says the constitution is clear.
"It's plain to any third-grader. It says, legislators shall
receive 'salary and mileage ... and no other compensation whatever,'"
he said after yesterday's decision, which he plans to appeal. "That's
the contract between the legislators and the citizens of
Pennsylvania. It says salary and mileage and nothing else, but
[legislators] try to fit all these other things into it."
He argued in his suit that lawmakers are not entitled to other
benefits such as the $141 they collect for every day spent in
Harrisburg in addition to their salaries.
The court disagreed.
Meanwhile, the court declined to rule on two aspects of the case
dealing with leadership accounts and so-called "walking-around money"
but left open the possibility for Mr. Stilp to ask for
reconsideration.
The court said Mr. Stilp did not provide enough information on funds
in legislative leadership accounts, which he says have been
improperly accumulating instead of being returned to the general fund
at the end of each year.
Mr. Stilp also objects to the use of "walking-around money," also
known as WAMs, or grants legislative leaders give to rank-and-file to
distribute at will to community organizations and causes in their
district. Mr. Stilp says WAMs constitute legislative perks because
members benefit through publicity and good will that helps their re-
election campaigns.
Steve McNett, chief counsel for the Senate Republican caucus, said
there has been no abuse of leadership accounts or WAMs.
"We will promptly make another filing, which will make it clear to
the court that these provisions are thoroughly constitutionally and
in accord with the law," he said.
Mr. McNett expects legislators to win on that point, too.
"This was a suit where Mr. Stilp threw in all the various items he
had complaints about, everything but the kitchen sink," Mr. McNett
said. "This is just another piece of frivolous litigation brought by
Gene Stilp."
In the past two years Mr. Stilp has filed three suits against the
Legislature and its leaders.
==Links==
* Perks
category:news coverage