VIEWS FROM AROUND MISSOURI: BETTER THAN A PAY RAISE

Here is a recent column, which appeared in the Daily Dunklin Democrat, Kennett, Mo.

A very interesting constitutional amendment probably will be on your November election ballot. Rep. Larry Thomason (D-Kennett) has sponsored and guided a bill through the legislature that would create a 22-member commission to set salaries and benefits for legislators, judges and statewide elected officials, to be known as the Missouri Citizens' Commission on Compensation for Elected Officials. If passed, it will apply to salaries and benefits for officials elected in 1996 and taking office in 1997.

Thomason began the legislative quest with a noble notion, "I think it is inappropriate for us to set our own salary. Every worker in the country would like the opportunity to set their own salary." For decades the legislature has wrestled with the problem that, as the lawmakers for the state, they must not only set the salaries of all state employees, but also their own. One of two things has consistently happened: Either legislators' salaries lagged far behind what should be considered reasonable compensation with the job truly becoming government "service," or the legislators increase their own salary and thereby evoke the wrath of the voters. Thomason's bill is an attempt to solve a very difficult problem.

The 22-member commission would consist of 12 individuals selected from various professions and appointed by the governor. Another slot is to be appointed by the Supreme Court. The remaining nine slots will be filled from the voter registration rolls with one citizen chosen at random from each of the state's nine congressional districts.

But, wait a minute, that means that 13 members of the 22-member commission will be appointed by the government.

In other words, if all the government-appointed members vote to increase compensation, the votes of the nine citizens will become absolutely immaterial, and their membership only token. It looks like we're going to have a new dealer, but the deck of cards is already stacked.

Why should 13 of the appointments be made by government? Why not have a majority of the commission citizens chosen at random and a minority of the commission members appointed by government?

Included in the constitutional amendment is a provision to continue to give legislators the annual cost-of-living allowance (COLA) increase that other state employees already receive. The legislators have received the COLA since 1984 when their pay was set at $18,000 a year so that currently legislators are paid the sum of $22,489 for their 4 1/2-month session. Add to that $35 for each day that the legislative member answers the roll call (per diem), and also 20 1/2 per mile for legislative travel. This does not include the meals, etc. the legislators receive from lobbyists and organizations, not to mention the legislative retirement plan. And while we're on the subject of the retirement plan, let me tell you another interesting story.

Missouri voters adopted a term limits constitutional amendment in November of 1992 and were recently slapped in the face by the Legislature. Under term limits, no legislator can serve more than eight years in the House and eight years in the Senate, but under the current legislative retirement plan legislators accrue retirement up to 20 years before reaching maximum benefits. Currently a legislator who serves six years can draw $2,880 a year when he or she retires. Recently the legislature added an amendment to a state employees' pension bill to increase legislators' own retirement. The amendment was added quickly and quietly. Apparently the legislature didn't want any committee hearings on their retirement plan increase, just a good, quick vote! The House passed the bill 89-59 and the Senate approved 22-11. You will note that all this was done after the deadline had passed for filing for office against any of the legislators. The new law would let every legislator qualify for the top retirement rate in six years and increases the retirement for six years of service to $5,400 annually upon retirement. The Legislature now has its revenge on the voters for enacting term limits.

So where does this leave us with Rep. Thomason's proposed constitutional amendment? The legislator's club will still get what they want, which is more pay, a larger per diem and probably more mileage money. They'll probably also get more retirement, even more than they already gave themselves. It's just that under the commission plan, the legislators can look the voters in the eye and swear up and down that they didn't raise their own salaries -- "it was done by the citizens' commission." (You know, the "citizens' commission" where 59 percent are appointed by the government!)

Carnival operators will tell you that most people don't recognize a shell game until it's already over. I believe that the taxpayers are too smart to fall for this one!

Mark Pelts is an attorney engaged in the private practice of law in Kennett.