Tuesday, June 30, 2009

Harrisburg corruption you won't find in the Erie Times-News

The following is from Tim Potts, founder and head of Democracy Rising PA, whose goal is to reform government in Pennsylvania, unarguably the most corrupt state in the nation.

WAMs - The Highest Cost of Corruption

Last week's back-and-forth between Gov. Ed Rendell and legislative leaders somehow walked around Walking Around Money, or WAMs. This was especially curious because Associated Press Capitol reporter Marc Levy's three-part series put the matter front and center. Yet high-profile interviews never touched on spending that, according to Capitol insiders, amounts to $750 million in the current year's budget.

A few reporters questioned the $201 million surplus in legislative accounts, but none pressed the case to find out why lawmakers think it's fair to keep a 67% percent surplus while telling school districts that they should use their capped 8% reserve to balance the budget. Or why the executive and judicial branches must shut down or endure payless paydays while lawmakers and their staff roll merrily along.

Add the surplus and WAMs, and you get close to $1 billion in dubious spending and possible savings that could help to resolve this year's budget dilemma.

What to expect. Don't expect either the governor or lawmakers to give up their pork while their constituents eat beans. Until there's a deal, leaders will meet privately with each other, the governor and the gambling interests, who have the access ensured by $4.4 million in campaign contributions.

This reduces many rank-and-file lawmakers to expensive eye candy. When not being wined and dined by lobbyists and cajoled by leaders, lawmakers clog golf courses, restaurants and phone banks where they busily dial for dollars. Legislators also debate a few important issues to kill time in between relatively inconsequential lawmaking and feel-good resolutions. Looking to make sandals PA's official summer footwear? Your time has come.

Meanwhile, with budget and tax votes looming, lawmakers hold out for election insurance, i.e. WAMs. Because leaders need 102 House votes and 26 Senate votes to pass a budget, WAMs are a carrot leaders use to extort votes, just as lawmakers use their votes to extort WAMs.

What's corrupt about WAMs? Secret programs invite abuse and illegality. Just ask the jurors who convicted former Sen. Vince Fumo, D-Phila.

Some say that WAMs let lawmakers get their fair share of state taxes. However, Levy's report illustrates that WAMs are a way for legislative leaders to give money to themselves at the expense of everyone else. For example, former Majority Leader Bill DeWeese, D-Greene, directed $82 per constituent to Greene County at the expense of citizens in Bedford County, who received only 20 cents per constituent during the last half of 2008.

Some point to worthwhile projects that WAMs support, such as libraries, senior centers and fire companies. But while funding for WAMs grows, lawmakers do not fund adequately the established programs that serve citizens statewide. Instead of allowing professionals with a statewide perspective to allocate funds on the basis of need, lawmakers siphon off money for WAMs that take from the weak and give to the well-connected.

WAMs are unconstitutional. This is why lawmakers and governors are so determined to keep secret how WAMs are allocated, where they are in the budget, how organizations apply for them and which organizations apply for WAMs but don't get them.

WAMs violate the separation of powers. The money for WAMs is appropriated to executive agencies. Once that happens, it is unconstitutional for members of the legislative branch to decide how the money is spent. This distinguishes WAMs from federal "earmarks," where the law appropriating the money states the project being funded and the lawmaker who got the earmark. Once the law is enacted, federal lawmakers have no further decision-making authority, a practice that maintains the separation of powers.

Second, some WAMs circumvent constitutional requirements for giving tax dollars to private parties. For example the Constitution says that appropriations to private schools must be in a separate bill from general appropriations. These are called "non-preferred" appropriations. There are dozens of them each year, worth hundreds of millions of dollars, to private colleges and universities. Yet DeWeese got a $1 million WAM for private Waynesburg University to renovate a science hall without a bill and a vote, as the Constitution requires.

The reason for the constitutional requirement is simple when you realize that the state's own public universities have science halls, dormitories and other facilities in serious need of repair.

Question:

How high will the cost of corruption have to go before we decide to stop it?

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