THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PERRY, BARRAR, BOYD, CREIGHTON, CUTLER, EVERETT, GEIST, GOODMAN, HARRIS, HELM, KAUFFMAN, KORTZ, MARSICO, MELIO, ROAE, ROCK, SAYLOR, SCAVELLO, STEVENSON AND VULAKOVICH, JANUARY 26, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 26, 2009  

AN ACT

Amending the act of September 30, 1983 (P.L.160, No.39),

entitled "An act establishing salaries and compensation of

certain public officials including justices and judges of

Statewide courts, judges of courts of common pleas, judges of

the Philadelphia Municipal Court, judges of the Philadelphia

Traffic Court, district justices and the Governor, the

Lieutenant Governor, the State Treasurer, the Auditor

General, the Attorney General and certain other State

officers and the salary and certain expenses of the members

of the General Assembly; and repealing certain inconsistent

acts," providing for commission on salaries and benefits for

elected officials and duties of commission.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of September 30, 1983 (P.L.160, No.39),

known as the Public Official Compensation Law, is amended by

adding sections to read:

Section 4.1.  Commission on Salaries and Benefits for Elected

Officials.

(a)  Establishment.--There is established a commission to be

known as the Commission on Salaries and Benefits for Elected

Officials. The commission shall consist of members chosen at

random from the voter rolls of each congressional district.

(b)  Composition.--The commission members shall be selected

by lot by the Secretary of State from among those registered

voters eligible to vote at the time persons are selected for

appointment to full terms on the commission under subsection

(d). One member shall be selected from each congressional

district to serve on the commission. Another person shall be

selected to serve as an alternate. The secretary shall establish

policies and procedures for conducting the selection by lot.

(c)  Policies and procedures.--The policies and procedures

shall include, but not be limited to, notifying persons selected

and for providing a new selection from a congressional district

if a person selected from the district declines appointment to

the commission or if, following the person's appointment, the

person's position on the commission becomes vacant before the

end of the person's term of office.

(d)  Terms.--All members shall serve four-year terms.

(e)  Term limits and removal.--No person may be appointed to

more than two terms. No member of the commission may be removed

during his or her term of office unless for cause of incapacity,

incompetence, neglect of duty, malfeasance in office or for a

disqualifying change of residence.

(f)  Code of conduct.--

(1)  A member of the commission shall:

(i)  Not engage in any ex parte communication with

any public officials, including justices and judges of

Statewide courts, judges of courts of common pleas,

judges of the Philadelphia Municipal Court, judges of the

Philadelphia Traffic Court, district justices, the

Governor, the Lieutenant Governor, the State Treasurer,

the Auditor General, the Attorney General and other State

officers, members of the General Assembly, legislator,

judge or other individual whose salary or benefits or a

portion thereof is determined by the provisions of this

act.

(ii)  Not engage in any ex parte communication with a

person acting on his own behalf or on behalf of an

official subject to the provisions of subparagraph (i).

(iii)  Not solicit funds for any charitable,

educational, religious, health, fraternal, civic or other

nonprofit entity from a person subject to the provisions

of subparagraph (i) or (ii). A commission member may

serve as an officer, employee or member of the governing

body of a nonprofit entity and may attend, make personal

contributions to and plan or preside over the entity's

fundraising events. A commission member may permit his

name to appear on the letterhead used for fundraising

events if the letterhead contains only the commission

member's name and position with the nonprofit entity.

(iv)  Not meet or engage in discussions with an

individual subject to the provisions of subparagraph (i)

or (ii) unless the meeting or discussion occurs on the

business premises of the commission and is recorded in a

log maintained for this purpose. The log shall be

available for public inspection during the regular

business hours of the commission.

(v)  Avoid impropriety and the appearance of

impropriety at all times and observe standards and

conduct that promote public confidence in the oversight

of salary or benefit increases and decreases for public

officials employed in this Commonwealth.

(2)  As used in this subsection, the following words and

phrases shall have the meanings given to them in this

paragraph:

"Member."  An individual appointed to and sworn in as a

member of the commission in accordance with section 4.1(a).

"Person."  Any natural person, corporation, foundation,

organization, business trust, estate, limited liability company,

licensed corporation, trust, partnership, limited liability

partnership, association or any other form of legal business

entity.

(g)  Absences.--The unexcused absence of any person who is a

member of the commission from two consecutive meetings of the

commission shall constitute the relinquishment of that person's

membership on the commission. Such a relinquishment creates a

vacancy in that person's position on the commission. A member's

absence may be excused by the chair of the commission upon the

member's written request if the chair believes there is just

cause for the absence. Such a request must be received by the

chair before the meeting for which the absence is to be excused.

A member's absence from a meeting of the commission may also be

excused during the meeting for which the member is absent by the

affirmative vote of a majority of the members of the commission

present at the meeting.

(h)  Eligibility.--No State official, public employee,

lobbyist or immediate family member of the official, employee or

lobbyist, subject to the registration requirements of 65 Pa.C.S.

Ch. 13A (relating to lobbying disclosure) is eligible for

membership on the commission. As used in this subsection, the

phrase "immediate family" means the parents, spouse, siblings,

children or dependent relative of the official, employee or

lobbyist whether or not living in the household of the official,

employee or lobbyist.

(i)  Alternates.--The candidate chosen from the voter rolls

not serving on the commission shall serve as an alternate. The

alternate shall succeed a commission member vacating his

position. Once an alternate begins serving on the commission,

the Secretary of State shall initiate the procedure to randomly

select another person to serve as an alternate.

(j)  Definition.--As used in this section, the term "benefit"

shall include, but not be limited to, compensation including

pension, health care and per diems.

Section 4.2.  Duties of Commission on Salaries and Benefits for

Elected Officials.

(a)  Salary study.--The Commission on Salaries and Benefits

for Elected Officials established in section 4.1 shall study the

relationship of salaries to the duties of members of the General

Assembly, all elected officials of the executive branch of State

government and all judges of the Supreme Court, court of

appeals, superior courts and district courts and shall fix the

salary for each respective position.

(b)  Organization and operation.--Except as provided

otherwise by this section and section 4.1, the commission shall

be solely responsible for its own organization, operation and

action and shall enjoy the fullest cooperation of all State

officials, departments and agencies.

(c)  Prohibition.--The commission shall not reduce salaries

or benefits during terms of office.

(d)  Compensation of members.--Members of the commission

shall receive no compensation for their services, but shall be

eligible to receive a subsistence allowance and travel expenses.

(e)  Selection of chair.--The members of the commission shall

elect a chair from among their number.

(f)  Salary and benefits schedule and voting.--The commission

shall set a schedule of salaries and benefits by an affirmative

vote of not less than 11 members of the commission.

(g)  Filing of initial schedule.--The commission shall file

its initial schedule of salaries and benefits for the elected

officials with the Secretary of State no later than the first

Monday in June, 2010, and shall file a schedule biennially

thereafter. Each schedule shall be filed in legislative bill

form, shall be assigned a chapter number and published with the

session laws of the General Assembly. The signature of the chair

of the commission shall be affixed to each schedule submitted to

the Secretary of State. The chair shall certify that the

schedule has been adopted in accordance with the provisions of

State law and with the rules, if any, of the commission. The

schedules shall become effective 60 days after the filing.

(h)  Meetings.--Before the filing of any salary and benefits

schedule, the commission shall first develop a proposed salary

and benefits schedule and then hold no fewer than four meetings

to take public testimony on the proposed schedule within the

four months immediately preceding the filing. At the last public

hearing that is held as a regular meeting on the proposed

schedule, the commission shall adopt the originally proposed or

amended salary and benefits schedule, which will be filed with

the Secretary of State. All meetings, actions, hearings and

business of the commission shall be subject to 65 Pa.C.S. Ch. 7

(relating to open meetings).

(i)  Current salaries and benefits.--Salaries, benefits, and

cost-of-living increases of the officials referred to in

subsection (a) shall continue until modified by the commission

under this section.

(j)  Increases and decreases.--In fixing salaries or

benefits, a majority of the commission must vote in the

affirmative for the increase or decrease. The commission shall

not increase or reduce salaries or benefits by more than 10%.

(k)  Definition.--As used in this section, the term "benefit"

shall include, but not be limited to, compensation including

pension, health care and per diems.

Section 2.  This act shall take effect in 60 days.