He says it’s especially insulting – and raises public cynicism – when the state is facing a $340 million deficit and an 8.3 percent unemployment rate, but lawmakers take positions that might otherwise employ residents.

“In a time when we need jobs, we’ve got legislators that are putting themselves in these positions,” said Bunting.

In May, Bunting introduced Senate Bill 96, a measure that would outlaw members of the House or Senate from being employed by the state while in office – unless the member was hired prior to being elected.

“Where I see a wrong is when legislators get to Dover, and they don’t have a state job or they’re retired. Then they go cherry- picking from the state of Delaware,” he said.

For five months, SB 96 has not budged from the Senate Executive Committee. Bunting says he doubts it ever will make it to the floor for a vote because lawmakers who hold state jobs while in office are embarrassed.

Others point out that in Delaware, General Assembly members have part-time jobs. They argue that elected officials would not otherwise be able to support themselves because of their largely three-day workweek from January to June.

According to a 2008 compensation statement from the Office of Management and Budget, Senate members earn a base salary of $46,602, and $18,864 in benefits. Lawmakers who sit on committees earn additional pay for their extra work.

Still, Bunting says legislators have easier access to state jobs than residents. In addition, General Assembly influence makes lawmakers more attractive for state agencies to hire.

“What agency wouldn’t hire you, if they can get something in return from you?” said Bunting. “Some of these people serve on key committees.”

Delaware State University (DSU) law and politics professor Sam Hoff pointed to Pennsylvania and New York where legislators make $80,000 to $120,000 for full-time posts. “In Delaware, we’re looking at a six-month Legislature, so what does the person do for the other six months?” he asked. Hoff said, perhaps unfairly, the perception of double dipping might have thrown the election for former Rep. Nancy Wagner, R-Dover.

He said Wagner, an incumbent, was likely not re-elected in 2008 because she also served as head of community relations for DSU.

In 2008, Wagner lost re-election to Darryl Scott, D-Dover, after attention focused on her serving both the university and in the House. Wagner was also accused of securing work for her husband through language in footnotes to the state budget.

“In the case of Rep. Wagner, she did not apply for the DSU job; she was head-hunted by the university, explicitly because she was a state legislator and she had a certain background,” said Hoff.

That relationship, however, drives Bunting’s point home.

“It’s something that’s been in my craw for a long time. I thought maybe some folks would step up and do the right thing, but if you don’t put a padlock on the door, then they go right in,” he said.

Still, in light of the economic downturn, Hoff said, while double dipping has never been considered illegal, it cast an unfair shadow on Wagner, who was exonerated in court. While not illegal, Hoff said, some might find it unethical for elected officials to take other state positions.

He said Bunting’s measure might have a better chance of passing if he included an amendment that legislators take only one salary while the Legislature is in session.

“Do I think it’s going to get to the floor? I don’t know if there’s much of a chance. There’s a lot of embarrassment some feel in Dover,” said Bunting. “If they don’t want to recuse themselves, that’s fine. Let the bill be voted up or down,” he said.

Rep. Gerald Hocker, R-Ocean View, was a co-sponsor of SB 96.

“In today’s economy and job market, people need jobs, and good-paying jobs. I don’t think state legislators should gobble them up, and in some cases that happens even before the public knows about the jobs,” Hocker said. “I’m not so sure jobs haven’t even been created for legislators. That’s just plain wrong,” he said.

Bunting said, “These are good people. It’s just that we’ve left this door open, and they’ve pushed the door wide open. These jobs, particularly in the time that we’re in, well, there are a lot of qualified people out there that could be taking these jobs. There’s a lot of public cynicism out there, and it’s this kind of stuff that creates that cynicism.”