AUGUSTA, Maine — An after-deadline bill submitted by a Republican lawmaker would allow courts to revoke pensions for state employees convicted of felony crimes in connection with their work.
The bill was submitted just two weeks after it was learned that the former Maine Turnpike Authority director, who has pleaded guilty to stealing tens of thousands of dollars from the agency, would keep a $5,000 per month pension.
Paul Violette pleaded guilty to felony theft on Feb. 6 and will be sentenced at a later date. He faces a maximum of five years in prison but likely will serve a shorter sentence.
The proposed legislation would not apply to Violette since he already has his pension, but could apply to any future cases. It also would bring Maine in line with more than 15 other states that currently have pension forfeiture laws on their books.
“Violation of the public trust is a serious offense,” said Rep. Leslie Fossel, R-Alna, the bill’s sponsor. “Any public officer or employee found guilty of a job-related crime at that level could lose their pension, depending on the judgment of the court.
“The court would have discretion to make the final decision based on the facts of the crime itself. If it is egregious, the court would have the authority to order a forfeiture of the pension.”
Sen. Roger Katz, R-Augusta, also has proposed a bill that would study what other states do before proposing any changes in Maine.
Fossel’s bill would allow courts to order the forfeiture of benefits of a public employee who is a member of the Maine Public Employees Retirement System. It would apply to individuals who are convicted of at least a Class C crime, as well as those who plead guilty or no contest to the charges. The only part of a pension the person would be allowed to retain would be the amount contributed by the member to the retirement system, without interest.
The new director of the Maine Turnpike Authority, Peter Mills, has acknowledged that a good portion of Violette’s pension will be used to pay restitution of about $155,000.
God, talk about pander to peoples’ emotions!
If we can just get Paulie to lie under oath we can get rid of him without him getting his precious tax free pension that he wants so badly.
Too bad for you that he’s not a democrat, they are the ones that lie.
LOL!!!
Are you fully invested in the State pension fund after only four years ?
I think they have a special deal for Governors and even the ones who think they are Governors.
I am going to see if 2 years will get him his pension, he probably wont last much longer.
All of the governors get this benefit. Why should LePage be any different?
Lying under oath is a joke today. Just ask Bill Clinton. Look at how many people are caught lying under oath. How many times do you see them charged for it?
As the sate is in tough times for budgets, no elected official should receive an y sort of residual benefit. They have had their time while in whatever bought and paid for office they were “elected” to to put the binders to the people of Maine. We shouldn’t have to support them like a drug-dealing Pimpernel after they get booted out.
if his pension is paying the restitution it is as if the taxpayers are footing the bill for that too. plus he walked with 316,000 worth of vacation/sick pay…imagine! this bill is a lot like closing the barn door after the cows are out, don’t you think?
Yep, too late to lock the doors!
On Violette yes, but there are more crooks to be caught ! It does need to include misdemeanors to have any teeth !
I agree but if we don’t “close the barn door” then more fools keep milking the good tax payers of this State. What I can’t understand how this even became a topic of discussion and in fact needs a bill–I fail to see why judges could not declare loss of pension in any case demonstrating the loss of public trust or of abuse of public or appointed offices. Another case of failing common sense it seems.
I wished it could have been in place before Mr Violetts case came up , but at least the next career criminals holding offices in Maine have a deterrent now ! Change sometimes comes slow , but i think Maine is headed in the right direction ! Now change it from just felonies to include misdemeanors and give it some teeth !
Please, spare me .. It is rare that persons of power are ever tried for a Felony.. at most government prosecutors go for a Civil conviction with only a fine attached.. and not even restitution is most cases. Witness how many banksters have not been brought to justice in a fraudulent scandal that has brought this nation to its knees. Yes, civil cases where the corporation pays their legal fees and the stockholders take the hit for the fine .. but those directly involved escape unharmed. Same for government elites in power .. perhaps an Ethics Panel reprimand with a letter warning the accused that if it happens again we will send a letter telling you how unhappy we are with you. VP candidate John Edwards, bless his little corrupt heart, did have one thing right.. there are two justice systems in America.. one for the connected and another for the rest of us.
I wish you were wrong but you aren’t.Notice how quickly Charlie Webster went from having his head on a platter to censure?Like THAT has ever mattered,anywhere anytime.At least Abramoff and Cunningham went to jail (country club)but they should be joined by hundreds more.
he should lose everything……he is a criminal.
Leave the pension in place but garnish it to make them pay. In some cases there might be child support and spousal support obligations. There could also be some creditors. Sometimes there could be injured parties who have sued and won a judgement. It might be related to the state employment or it might be something that happened outside of work. How would you like it if a guy maimed you for life in an accident and then you can’t collect the judgement you won? How would you like it if you were getting child support and then you have to go on welfare?
He could work at Walmart to make good on his obligations. There’s no reason it has to be from a pension.
If you are retired from the State, and you are caught driving twenty five miles per hour over the speed limit, that is a class C crime. Good by to forty years of benefits. You might want to think twice before allowing politicans to pass a law that can take away pensions.
I think a line can be drawn or a difference stated between a felony that is not related to performance of public or appointed office–I would hope that common sense rules. However, I am all for loss of pensions if that person abused or misused public trust in the performance of their duties.
A reasonable compromise, but I’m not so sure I like the idea of a murderer or rapist keeping their pension.
“I would hope that common sense rules.”
In Augusta, now ?
I wept because of the lack of common sense.
Why put this on the books if you know it needs both good judgement and some good will to be fairly administered
It applys as I understand it to compensation received as a resul of State employment.
Twenty-five over is not a felony. The story states, “convicted of felony crimes in connection with their work”. Not just any-ole crime.
It still sounds like the big government taking away what you earn to me.
The article says felony, not class C crime. And 25 over? That’s 90 on the highway: slow down!
Or 100 N. of Old Town.
Um, first of all… Class C Crimes ARE felonies in this state.
Second of all, Driving 25mph over the speed limit is NOT a class C crime.
You have no idea what you are talking about. 25mph over the speed limit is NOT a class C crime.
The point is not the speed limit.
This Bill is both a day late AND BAD LAW, written in reaction to one case.
How can the Democrats that have ruled the State of Maine for over 40 years be against this???
That’s because the liberals don’t think that stealing is a crime. After all, they have been stealing the working mans money and giving it to the lazy man. They probably think they are Robbin Hood.
And the Democrats want to go back to the way things were for the last 40 plus years
We have been reminded all why Republicans could not get elected by the majority of the votes casts for more than forty years.
You now have a record, again, that you have run upon. The GOTea’s is political death.
I have been watching similar developments in Massachusetts because of the fallout
around the brother of Whitey Bulger who was speaker of the house Billy Bulger.
Personally speaking I would like to see the sovereign immunity clause stripped from the MRSA
This clause prevents you from suing a politician, or state, county or local employee in civil court.
If they are applying this law it should be done to all government employees in Maine. Local , County as well as State.
Dare I mention Federal Employees?
Please Mr Speaker can I have the film rights to develop a Reality TV Show based on the angst this legislation will create in Maine.
Why do I always smell sulphur when Roger Katz enters the room?
Confiscate The State Treasurers Make Believe Tree Farm!
Before Maine goes off and shoots itself in the foot may I suggest that Maine take a good long look at the current Federal OPM statute. The Fed’s have their statute written so that if the employee is found guilty, or pleads guilty, of committing a felony in the course of their Federal job that their retirement is void. Their weak use of it has, regrettably, led to any number of plea deals that allow these same employees to collect since the US Attorney’s Office’s want to ‘blow thru’ these cases as fast as possible. I know of one, in DC, that had a child molester take an Alford plea in return for his keeping his job. The OPM Reg’ requires a specific ‘Guilty’ plea or felony conviction to meet the standard in order for the sanction to be applied. So much for the integrity of the system. Another ran up the Gov’t AMEX Card for 4 months in excess to $80k and, instead of being prosecuted, was allowed to transfer to another Agency with his Grade intact. Another embezzelled over $ 20 milion but was allowed to retire since their prosecution would have led to any number of VERY embarassing political figure’s, including some current ones in Maine, having their judgement openly questioned as compotent .
If Maine wants to be smart then they had better take their time and craft the law to be both effective and allow for it’s growth. That and the AG’s Office having the gut’s to actually use it. A law that’s never used is nothing but an exercise in uselessness. Maine deserves better. So do the citizen’s who live here.
well mike, i would not have believed it but something you wrote i can agree with.
Quick, someone document this !!!! There is actual reality based life in Maine. And where is EMS when you really need’em :}
But only three people like it.
Too little too late. This should also apply to ALL representatives of government, including governors, congress and senate. Past and present.
He should be in jail. I am a disabled Vet. If i get incarcerated for more than 60 days I lose my Disability while incarcerated.
I collect railroad retirement if i get incarcerated i lose my pension while im in there .
So your wife will go on welfare, and you’ll lose the house,
just before the end of the sentence, too.
Being childless, you’ll just be S.O.L.
See what happens to the hard working 99% in the 1%er’s corporate kingdom ?
If you can’t afford to spend time in jail don’t commit the crime. Please name a few people who didn’t volunteer to go to jail.
As you should.It should apply from day one.After all,we are already feeding you and providing free medical which regular people don’t get-just criminals!
As do most people other than politicians , until this bill passes, should of included misdemeanors to have real teeth !
Get ready for an ACLU challenge on this one for treating felons like felons.
I hope if this does go through, it will be retroactive.
Don’t worry.
The insurance companies that picked up the tab for most of the fraud have their lawyers on it as we speak.
If they arent , they should be !
The bill should be made retroactive to include Paul Violette’s pension, along with any other “felon” who is receiving it. He is a thief, and allowing him to collect $5000. a month from taxpayer money is a travesty to innocent people who have worked hard and maintained their integrity in doing so.
He is already getting a reprieve by two insurance companies, so that 2/3 of what he stole will be taken care of by them–not right!
You’ll never see it retroactive,sadly.That would open up a giant mess.The fault is that the law wasn’t there.
If he uses the pension money to pay restitution, isn’t it the State that is paying itself ? Maybe he should be fined double his total retirement income.
You’re starting to understand the problems with “free stuff” from the government… The money has to come from somewhere.
Why not all felonies?My employer has a clear statement of policies and practices,appeals processes and the limited circumstances where termination could be immediate.They are well highlighted and explained.Some people within my organization have failed to follow the rules-GONE!No problem finding good qualified clean replacements.I expect no less from those responsible for $6B of taxpayer $$ and decisions that affect every citizen.
This is just the tip of the iceburg.
Keep up the good work Gov Lepage.
Keep the pressure on and make us proud of our vote.
Yeah, set up laws to stop pension payments for a retiree’s politically incorrect behavior.
It is indeed the direction that your supportahs want…
And hurry, too, Gov. , your time for this sort of thing is running short.
So if someone commits murder (not a “job related crime”), they’d still receive the pension?
only after they have severed there time in prison. Just like me im retired if i go to jail or prison i lose my pension while im in jail or prison
Don’t agree with taking away pension. Pension should go toward room and board while serving time. Crimes commited should be handled through court system not taking away pensions. Would social security be taken away???
If your in Jail, Social security is taken away for that time. Pensions should be taken away also. If your a public figure than you own society to abide by the laws above the normal citizen. When you have access to rape the taxpayers than you need to have major punishment. Prison, loss of assets that most likely the public paid for and were never accounted for, and PRISON time not home confinement. The pension is acquired through work, you stole from work thus loss of the pension is justified. THE TAXPAYERS WANT AND NEED HONEST AND BRIGHT PEOPLE IN THESE POSITIONS, PERIOD. IS THAT TO MUCH TO EXPECT?
Yes it would !
the bill should be “crime”, not “felonies”
Agree, should include class D and E misdemeanors also to give it teeth !
It would be wrong to impose this lifetime of poverty upon a person who is convicted of a felony. No other citizen would face the same double penalty except a state employee. Equal protection under the law means that there are not two different remedies based on who you work for. This would be a form of double jeopardy.
This assault on state workers is a strategy to divide the people from their public servants. The rationale for this media and political campaign is simple: if people stand with our teachers and fire fighters, they will oppose the grossly unpopular cuts these pols have in store for them. If they can gin up enough public animosity towards them, they can steal their pensions, cut their wages and treat them as second class citizens.
Because you have chosen at some time in your career to be a public servant to the state does not justify a harsher penalty for a crime. This goes against the very constitution these politicians claim to be the ultimate arbiters of.
You have no idea what the term “double jeopardy” means… Stop watching TV and start reading to get your information.
I did not say it was actual double jeopardy, just a form of additional penalty others would not get.
I oppose any legal remedy that is results in inconsistencies in treatment based on employment, gender, orientation, race, etc.
Your polemics are laughable. Let me guess, you are a lawyer, maybe?
I agree that the idea is unjust. You could have somebody with 20 years of good service losing their entire pension for something they did at the end. As I pointed out in an earlier comment, it also punishes family members, creditors and anyone who might have good reason to sue the person.
I hope this passes, my only regret is that Mr. Violette will not loose his pension.
Although it seems correct at first, it is placing civil servants in a different class. CEOs have been asked to resign amidst criminal investigations and get paid millions (including retirement packages). Yet, when convicted, lose a small percentage of said gains.
In Mr. Violette’s case, he will be forfeiting a large portion to the state for restitution. Yes, stole money and violated the public trust. So did Jeff Skilling, Angelo Mozila, and Bernie Ebbers. What comes around goes around in my opinion.
This bill should have bipartisan support!
So ” a good part of Violett’s pension will be used to pay back restitution of about $155,000.” Or said another way, the state will be paying back the state!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! How about not allowing this criminal the pension and let him pay it back out of any assets he may have or will be able to work off when he is released from prision. I know, just another good person that had a lapse of judgement. HA, how about a bad person that got caught.
Pass the bill, the hard working people of this state deserve the dignity of this bill.