Legislative salaries lack transparency
Reports have shown some Sussex County legislators are paid as much as $66,000 for what is listed as a part-time job, even though the state budget lists all legislators’ salary at less than $43,000. In addition, lawmakers gave some leaders raises in 2005, but then apparently forgot about them in 2007.
According to Delaware Controller General Russell Larson, the base salary for legislators is $42,750 plus $7,334 for expenses. “Appropriations for both also include other employment costs such as health and pension contributions,” Larson said in an email. Legislators also receive reimbursement for their drive to Legislative Hall at a rate of $0.40 per mile. “Many legislators also receive a stipend for serving in leadership or one of the money committees,” Larson said.
According to the Delaware Code and the 2005 Delaware Compensation Commission Report, legislators are paid additional money for holding a leadership position or for their work on certain committees. But the amount legislative leaders and committee members earn according to the 2005 report is different from what is listed in the code.
According to the Compensation Commission Report, Speaker of the House Robert Gilligan, D-Sherwood Park, and President Pro Tempore Anthony DeLuca, D-Varlano, are paid an additional 50 percent of their base salary. Delaware Code lists their stipends at $19,893, or 46.5 percent of their salary. Larson said that the amount they receive in their paycheck.
Majority and minority leaders should see an additional 40 percent of their salary each year; certain committee members should have an additional 10 percent to 35 percent added to their salary. But according to Delaware Code and the state budget, these legislators are paid less.
Larson said legislators’ stipends should have gone up when they received a 5.5 percent salary increase in 2007. The Compensation Commission holds the force of law unless it is voted down by the General Assembly, he said, and the 2005 report was never voted down.
“Had we been paying attention to the compensation report, it would have gone up,” Larson said. “I guess what happened was, they forgot about it.”
Larson said on Jan. 1, 2012, legislators’ base salary will go up to $43,600; stipends are scheduled to remain the same.
Rep. Ruth Briggs King, R-Georgetown, is the only Sussex County legislator on Joint Finance Committee, which writes the state budget. She said she receives about $10,000 more annually as a member of Joint Finance. She said the committee meets four days a week for six weeks, and she said she spends two to three hours every night after the meetings reviewing information. “It’s very labor-intense,” she said. “It’s a lot of work for one committee.”
Sen. George Bunting, D-Bethany Beach, serves as chairman of Joint Sunset Committee, which he said earns him an extra $4,600. “There’s a lot of work that goes in,” he said. “It’s not a committee many want to be on.” Bunting said work with Joint Sunset is a constant focus, so it would be difficult to quantify the amount of time he spends on the committee outside of his normal legislative duties. Not to mention, he said, as a senator, he serves as many constituents as three representatives.
“I’m not crazy about the extra pay for committee assignments,” Bunting said. He said he has served on the Joint Finance Committee in the past, and it involves many hours of extra work. “It might be the only one that does deserve the extra compensation,” he said.
Expenses=16 percent salary hike
Larson said an extra $7,000 budget item in ‘expense’ money dates back to the Delaware Constitution. He said the expenses were initially used to fund things such as periodic newsletters from legislators to constituents. “I suspect many of them, if not the majority, still do that,” Larson said.
He said more than 30 years ago, the Internal Revenue Service ruled Delaware lawmakers must pay taxes on expense payments because legislators do not have to itemize the expenditures. Arguably, Larson said, the expenses can be considered part of salary. “I don’t think anyone was trying to hide anything. I’ve been here 34 years; the issue’s just never come up,” he said.
Bunting said regardless of how the $7,000 is spent by legislators, it should be incorporated into the annual salary. “If $7,000 doesn’t have to be accounted for, make it salary; we get taxed on it,” he said. “When you serve in public, it should be a financial loss to you, not a financial gain.”
Considering the salary legislators are paid for their service, along with retirement pay or salaries from other state jobs obtained after taking office, some lawmakers are focusing more on getting re-elected than doing the work the job demands, Bunting said.
Bunting also said state legislators do not receive a “slush fund,” of $10,000 extra in taxpayer money, like county legislators receive, to put towards things like charitable donations. “We write our own personal checks,” he said.
Briggs King said she uses expense money only for expenses, such as mailing surveys to her constituents. “It doesn’t take long when you’re mailing something out with 15,000 people in your district,” she said.
Briggs King said adding a category to the General Assembly’s website that shows residents exactly what legislators earn would make the budget more conspicuous. “To me, it looks like it needs to be more transparent,” she said.
Bunting said the extra expenses should simply be added to legislators’ annual salary in the budget. To view the budget – House Bill 190 – visit legis.delaware.gov.
Compensation for Sussex County Representatives:
Rep. Pete Schwartzkopf, D-Rehoboth Beach
Base Salary: $42,760
Majority Leader, actual: $12,376; by law: $17,104
Expense Allowance: $7,334
Actual total: $62,470
Rep. David Wilson, R-Bridgeville
Base Salary: $42,760
Expense Allowance: $7,334
Actual total: $50,094
Rep. Harvey Kenton, R-Milford
Base Salary: $42,760
Expense Allowance: $7,334
Actual total: $50,094
Rep. Ruth Briggs King, R-Georgetown
Base Salary: $42,760
Joint Finance Committee Member, actual: $ 9,626; by law: $10,690
Expense Allowance: $7,334
Actual total: $59,720
Rep. Gerald Hocker, R-Ocean View
Base Salary: $42,760
Minority Whip, actual: $7,794; by law: $8,552
Expense Allowance: $7,334
Actual total: $57,888
Rep. Daniel Short, R-Seaford
Base Salary: $42,760
Sunset Committee Member, actual: $3,852; by law: $4,276
Expense Allowance: $7,334
Actual total: $53,946
Rep. Clifford “Biff” Lee, R-Laurel
Base Salary: $42,760
Bond Bill Committee Member, actual: $3,852; by law: $5,345
Expense Allowance: $7,334
Actual total: $53,946
Rep. John Atkins, D-Millsboro
Base Salary: $42,760
Sunset Committee Member, actual: $3,852; by law: $4,276
Expense Allowance: $7,334
Actual total: $53,946
Compensation for Sussex County Senators:
Sen. Gary Simpson, R-Milford
Base Salary: $42,760
Minority Leader, actual: $12,376; by law: $17,104
Sunset Committee Member, actual: $3,852; by law: $4,276
Expense Allowance: $7,334
Actual total: $66,322
Sen. Joe Booth, R-Georgetown
Base Salary: $42,760
Bond Bill Committee Member, actual: $3,852; by law: $5,345
Expense Allowance: $7,334
Actual total: $53,946
Sen. George Bunting, D-Bethany Beach
Base Salary: $42,760
Sunset Committee Chairman, actual: $4,578; by law: $5,345
Bond Bill Committee Member, actual: $3,852; by law: $5,345
Expense Allowance: $7,334
Actual total: $58,524
Sen. Robert Venables, D-Laurel
Base Salary: $42,760
Bond Bill Committee Chairman, actual: $4,578; by law: $7,483
Expense Allowance: $7,334
Actual total: $54,672
