AUGUSTA, Maine — The first conflict between Maine’s new Democratic legislative leaders and the Republican minority centers on how much to pay returning Secretary of State Matthew Dunlap, Attorney General Janet Mills and Clerk of the House Millicent MacFarland.
Republican legislative leaders argue that state law requires the trio’s salaries be set as if they were “newly elected.” Democrats counter that precedent recognizing past service, including Republican Gov. Paul LePage’s recruitment of Cabinet members in 2011, would allow the returning officials to be paid the same salaries they earned two years ago rather than as new hires.
State law sets the salary for a new secretary of state and treasurer at $69,264, according to a Dec. 6 memo from David Boulter, executive director of the Legislative Council. The state does not make retirement contributions for constitutional officers, but they do receive a 5 percent salary premium, which would elevate the compensation for secretary of state and treasurer to $72,727.
The same statute would set the “initial appointment” salary for attorney general at $92,248. With the 5 percent premium, the compensation would rise to $96,860.
Dunlap, who served as secretary of state from 2005 until early 2011, was earning $83,745 when he left office. Mills’ compensation was more than $96,000, which reflects base salary plus the 5 percent salary premium. She served as attorney general for two years.
MacFarland earned approximately $116,000 when she left as clerk of the House in January 2011, according to Jodi Quintero, spokeswoman for House Speaker Mark Eves, D-North Berwick. A veteran of more than 30 years as a legislative clerk, MacFarland subsequently retired.
Democrats are considering setting the pay rate for House clerk at what MacFarland earned when she left two years ago, but she would be paid a fraction of that amount — no more than $700 per week — so as not to affect her retirement and health insurance benefits, Quintero said.
“She will only make about $37,000 per year if voted in at a higher rate because her compensation must be capped because of rules for retirement,” Quintero said.
According to the U.S. Bureau of Labor, the annual mean wage for all occupations in Maine was $40,190 in May 2011. State law sets the governor’s annual salary at $70,000.
No direct precedent exists for dealing with whether to compensate Dunlap, Mills and MacFarland for prior time on the job, as no previous secretary of state, attorney general or House clerk has returned to office after a break in service.
When the GOP won majorities in both legislative chambers in 2010, Republicans Charlie Summers, William Schneider and Heather Priest replaced Dunlap, Mills and MacFarland, respectively.
On Wednesday, the same day a new Legislature with Democratic majorities took office, Dunlap, Mills and MacFarland won back their old jobs. Their salaries must be approved by the Legislative Council, an administrative body made up of the six Democrats and four Republicans who hold leadership positions in the 126th Legislature.
At the Legislative Council’s first meeting Thursday, the panel tabled action on compensation for constitutional officers, the state auditor and the clerk of the House and secretary of the Senate. The panel is scheduled to address the matter at a meeting Wednesday afternoon.
Rep. Kenneth Fredette, R-Newport, the new House minority leader, says state law is clear.
“We are not talking about tradition or precedent; we’re talking about statute for a newly elected position,” he said. “The fact that someone previously held the position is not relevant.”
State law related to compensation for constitutional officers, the state auditor, House clerk and Senate secretary specifies what the pay should be “at the time of initial appointment.”
Quintero said Democrats seek further interpretation of the meaning of “initial appointment.” They point to a January 1985 opinion from Assistant Attorney General Cabanne Howard that “does indicate that when faced with a similar situation at the establishment of this law that the council chose to recognize prior service through compensation.”
Republicans note that the statute to which Boulter refers in his memo results from action taken by the 116th Legislature in 1993, eight years after Howard’s opinion.
“We are looking very closely at current practice and precedent,” Quintero said, labeling Fredette’s interpretation “one of convenience and not consistent with past practice.” She noted that when LePage hired commissioners for state agencies, he paid 10 of the 13 he enlisted “at the peak of their statutorily proscribed range” to reflect experience and expertise.
“It seems to me quite clear that the statute sets the salary,” Fredette, an attorney, said. “There has been a break in service, so you go back to the initial salary.”
If questions linger, Fredette suggested that the Legislative Council could seek an opinion from Schneider, the Republican attorney general who remains in office until early January. He also questioned why the Democrats’ leadership team had not presented a proposal to the GOP about what to pay the constitutional officers, state auditor, House clerk and secretary of the Senate.
Quintero said Democratic leaders continue to study the question and will have a proposal in time for Wednesday’s meeting.
“We’re talking about setting the salaries,” she said. “It’s not appropriate to negotiate in public about a salary issue. We have not made a decision yet after carefully considering the law.”
Fredette said the approach Democrats who lead the Legislative Council take on the compensation issue will signal the tone for the coming legislative session.
“The appearance of taking care of political people with, arguably, salaries inconsistent with Maine statute would be a troubling sign for the next two years ahead,” he said. “The statute lays the foundation. This is not just a conversation, this is a statute.”
Career political hacks from the “Good Ol’ Boys Club”, period. Republican or democrat, it doesn’t matter. The same crap oozes from both sides of the aisle.
Crony politics — vote the right way and you make more money. That’s the Maine Ds for you.
constitutional officers don’t “vote”..The people did and they voted inexperience, OUT.
college and layabouts got them elected and greed will remove them.
LOL, yep there are so many college students and “layabouts” that it was a massive sweep for demorats. Hm…Must have been the same in 2010 for the repugs.
If people on welfare were not allowed to vote, there would be almost no liberals in office.
If you’ll notice, these consevative posters on here, speaking of “layabouts” and “their” tax money and the like, are posting all day, everyday. Now maybe they are retired, but i’ve got my doubts. I’ve got a feeling “my” tax dollars are paying for Billy and Timmys internet. But i’m fine with that. I am a working man, and a liberal, ( though I ALWAYS vote for who I feel is the best candidate, regardless of affiliation) I feel it’s my duty to help my fellow human. I’ll pay more to help the less fortunate. It’s just the right thing to do.
On a side note, most of these perpetual posters will tell you Cannabis makes you lazy and a drain on them. I enjoy reading what they pecked out all day long, when I get home from work, while smoking a joint…..
The most frequent poster would be “Still Relaxin” He stated above that he is a liberal democrat. The majority of the frequent posters most certainly are liberal democrats.
Because Still is most certainly, in fact, not the most frequent poster, I cannot put faith in your belief that the majority of frequent posters are liberal democrats. Now, you may be right, but your first sentence destroyed your last.
Don’t forget, we are one of only two states which allows prisoners to vote. How can anyone believe a state which allows prisoners to vote has any voter integrity whatsoever.
What absolute BS.
I love it when baggers spout this BS. it will only help dems even more in 2014
You sound rather dismissive of some of your fellow Americans.
Same for the Rs, I’ll bet.
Who disagrees with this? Is that person saying that Republicans aren’t capable of the same behavior?
and you’re fooling yourself if you don’t think the R’s wouldn’t do the same exact thing.
hey you have to compensate for experience We saw what Inexperience brought us..on the job training.
experience at extortion is all the dems have.Look at what the squatter in chiefs raving about stealing from neighbors.
What ARE you talking about??
troll
Experience like Paul Violette and Dale McCormick? Get ready for a return to the failed policies of the Baldacci administration.
the 125th did not set higher salaries and could have…..no oozing there…..
The Republicans are right time to time. Here’s an example.
Agree with you on this one.
Of course there is precedent- check the Senate Secretary’s pay each time control changed between the 70’s and mid 90’s
How was it handled then?
There is no precedent. It’s the first time the same people have been brought back in in different terms.
no it’s not
Who else has been brought back under these circumstances? Name them.
I told you where to find the information in my original post
Give me the names. I’m not bothering to go back and check a 25 year period. If you have then name them. You don’t so you can’t. Simple.
It’s not my job to sit up and speak for any serial poster who would rather deal in half truths than do a little research or make a couple of simple phone calls, and it’s also not my job to do the research for a reporter. The truth is public record–I’m sure you will read about the people I’m referring to in the upcoming days, but you can’t bully me into being the one to name names. I won’t hold my breath waiting for your public acknowledgement that despite your contempt prior to investigation of my statement, I was not wrong.
You are the one making the assertion that both me and the article are wrong so it’s up to you to prove it. You can’t so you try insults. Doesn’t work.
The dems sure are starting out great, pay raises ,murals and stalkers. Nice what a bunch of crooks.Recall them all! wonder what the recall procedure is ?.I think extortion is a good reason.
You had the chance to “recall “them ” just weeks ago in the election. . The majority of voters voted then BACK into power Does that tell you anything?
that the college kids blindly voted dem.If they only were told the truth about their future the democrat party would be done.
I’m 66 years old and I voted for just Dem’s for the first time in my life. Does that tell you something about the prior legislature? I actually prefer the dems truth to LePage’s truth. They seem to be a bit more factual.
Exactly what did they do? You did not even give them a chance. 40 years of Democrat rule put Maine in a mess.
I gave them all the chance they needed. What did we get? Attempts to disenfranchise voters, attempts to put the elderly out on the street, outright lies from the governor, jobs for the governors relatives, our wishes with bond issues completely ignored, a legislature controlled by the Heritage Foundation, Koch and Norquist. Another 2 years of repuglican rule and I’d hate to see the shape of this State. The demorats are bad enough we don’t need the repuglicans screwing us over even more.
I imagine a lot of those college students are a lot more knowledgable than you.
Most Republicans started out as college Democrats.
tells me that Democrats are back to the spend, spend and more spend mode.
They did so with a lot of out of state help. You can thank Mr. Donald Sussman for his huge contributions to the Democratic party.
It’s not just the dems, don’t you see it’s all of them? They work under the same roof, I repeat they work under the same roof! Don’t you see it’s just a smoke screen. I mean how does a team work if half of them are on different sides?
I’m going to assume you played sports in school or at least you rallied for your school? What if half of your school was rooting for another schools team?
Aren’t we suppose to be in this together? Why can’t we just work towards needs and quit this childish game playing?
I have to agree. No single party is guilt-free of any of this.
Good job Maine putting theses fools back into power!
you are welcome .
You think the arguing over such things would be different if the party in power were different?
is anyone really surprised by this? very sad to read but not surprising at all.
They are “NEW HIRES”… The past is THE PAST!
Dunlap waited tables at Pat’s Pizza, then served in the legislature at $7,500 bi-annually. How does that professional resume justify paying him more than $90,000 annually?
How does Lauren Lepage’s?
Does she make $90,000 per year? Did anyone propose that she make more than any other past governor’s staff member? No and no.
Her degree has NOTHING to do with her job description. LePage even said I hired her because I trust her. Well I guess I can be a doctor because people trust me. She had NO experience for the job and I am sure there are other Mainers who did.
How does that address the question?
I don’t suppose his BA or MA count for anything nor his job as a publishing editor. I know lawyers and doctors who once worked for McDonalds are you suggesting they are not qualified to be lawyers and doctors because of that?
Yeah…very elitist type comment she made (ironic?)
What has the man done since his last position? Obviously employers were not seeking him out.
Let them do their job for a year. If they have done a superior job then they get paid. If they have done an inferior job then they will not receive any pay. This should also be the plan for paying the federal government.
Merit based pay? In government? That’s crazy talk. ;)
Yeah, just like merit base pay in education. This is long overdue.
Dunlap has done his job in spades. When one of his hacks in the Bureau of Motor Vehicles helps a “tourist” from Ireland apply for a ME driver’s license, who then uses said license to rent a car, buy a firearm, and rob a bank (after his tourist visa has expired, making him an illegal), and Dunlap defends said hack, Bob O’Connell, I would say he has done a worse than inferior job, wouldn’t you?
As I’ve said before, it is soul-deadening to watch these incompetent, self-serving leeches prop each other up year after after. Dunlap has no business serving again as secretary of state.
Proof?
Niall Clarke, an Irish citizen, robbed the Hogan Road Bank of America in Oct of 2006. Fanny pretty much lays out the story above. Clarke’s visa had expired so he was in the country illegally. While living in Boston, he met Robert O’Connell, director of driver license services, in a bar on St. Patrick’s Day of that year. O’Connell facilitated Clarke’s obtaining a Maine driver’s license which Clarke then used to purchase a handgun. Clarke was a brilliant young man who suffered from schizophrenia; he was sentenced to 9 years for the robbery. Matt Dunlap did in fact defend O’Connell and his role in this crime. Google Niall Clarke if you want more information.
Should have been in place for the previous position holders. For example, Charlie Summers should have gone off the state payroll the minute he began campaigning for office.
Just like Obama. He campaigned for 4 years and accomplished nothing, other than Obamacare. He increased the deficit, increased unemployment.
This is a very poorly-written article. Initially I thought the state owed Mills and Dunlap because they hadn’t been paid for some reason when they served before. The issue is about how much to start their salaries at, not “whether to pay” them.
Hoo boy, Maine Ds — way to start off the new session — Maine has a short fall of hundreds of millions, and all you can think to do is hand your cronys more money. Almost funny if not so sick.
I know this might be a shocker to a few folks here, but on this I have to say I agree with most of what you’ve said. I don’t think this relates to cronyism, but I do think that in these times no one holding a political office should be asking for a raise. That’s just dumb. As a liberal-liberal Democrat I’m disappointed that they’re even thinking about it. I’ll be ticked off if it happens, but I’m willing to bet that unlike “some” politicians we have in this state they will come to their senses pretty quickly and let this matter drop. If they don’t like the pay scale and benefits, they don’t have to accept the positions…it’s not like their big daddy is forcing them to hold some state position, they have free will to decline.
Good point! There is hope in bi-partisanship after all.
On this “thought” perhaps. Watch how fast they reverse this discussion or just let it go. Having fluidity in one’s thinking is a beneficial survival technique. As we’ve been seeing a lot lately in politics across this country (especially here in Maine), concrete thinking often brings about isolation and death.
This news bothered me as well. I think I will actually put some calls in to leadership and my own state rep. Democrats should be thinking more clearly than this….but then ‘business as usual’ is one of the reasons I left the party.
” If they don’t like the pay scale and benefits, they don’t have to accept the positions.”
Completely right.
For the Maine Dems if they don’t like the pay scale and benefits they just change them.
Remember Violette and McCormick? Two poster children of the Maine Dem political system.
Can’t say I disagree. Being somewhat liberal myself, I can only say that these guys didn’t pay attention to why they were elected, ousting the Republican majority.
We the voters didn’t like what you were doing when you got beat by the GOP.
The GOP blew their opportunity at the helm.
Just because you got elected again doesn’t mean that we the voters need to return to what you got beat for.
You have had 2 years to annylize what you were doing wrong. You better do something different this time around.
Get ready for a return to the failed policies of the Maine Dems. We’re paying that crook Violette $60k a year for the rest of his life, even while he’s in jail for stealing from us. The Maine Dem dream is to get one of these hack jobs and coast to a fat retirement on the state. That’s why this is the first issue they tackle. It’s all they think about.
meet Lauren LePage .
Meet Paul Violette. A much more appropriate comparison.
The good old boys are back in town – yoo hoo, pass the champagne!
The look on these two faces… says it all.. its our turn to butter our bread as in the past 40 yrs of dem rule. Democrats are not crooks are they?
$7.50 an hour, no benfits, no insurance, but 401k will be available at a max of $10.00 a week
Welcome to the “right to work”(for nothing) state.
Should be “rights at work” state.
90k a year would support, 3 families.
These public servants who made 100k+, before retiring what did they do with all their money?
They should be paying us to work.
we are looking at what a 35million dollar shortfall? what’s an extra 50,000.
Just keep spending like we actually have enough money to pay the bills with extra. The Federal Government would be so proud
This is not what you were elected to do, come on Demacrates, you should know better than that!!!!!!!!!!!!
Those “starting salaries” should be plenty, if not, then I’m sure another person can be found to fill these positions! Dunlap, Mills & MacFarland are merely people who did at one time hold these positions – they certainly are not the only ones who CAN do these jobs – so if they are not willing to take the salary being offered, fine & dandy, someone who really WANTS to work will! Why should the taxpayers of this state be asked to bend over and kiss these people’s you know what – we shouldn’t!!!!!!!!!!!!!
Now you know why Republicans said don’t vote for Dems. First thing they do, is try to find more money for thier cronies.
remember when LePage was complaing the salaries were just not enough to get qualified people?
Funny how the song changes with the party in power.
I look at the pictures, and, think, we pay these clowns with our tax dollars, this makes me realize we need, somehow, to shuck both parties and form a true Maine Party.
And that would simply result in replacing these clowns with different clowns. We end up with clowns nonetheless.
I am hoping this is one of those things where the leadership really just hasn’t looked at this yet and the Republicans have the jump on the issue. If it comes back that the Dems are actually advocating for paying them more, it will be a huge disappointment to me (I like Rep. Eaves). They should be looking for ways to spend less, not more.
The Dems will want to increase taxes so that they can enjoy a pay raise. This is how they operate. Now those of you who voted them back in will have a much needed lesson in history.
Way to go Maine! Voting back in the Spendocrats! People in this state will never learn.
What would be the Rs stance if the shoe were on the other foot? Most likely count their seniority.
did they raise their pay before showing up for work?
Spend more money! Typical democrats! You elected ’em! We tried to tell you that electing democrats is a mistake, but you didnt listen! So…here we are…Spend…Spend…Spend! When are ya going to learn not to vote for democrats?
send the greedy bums packing.Watch the retraction in the BDN tomorrow..Hold them to law let’s get some trackers on these bums and watch them whine.
they are overpaid anyways and the mean average is bull if we made that, you would not have people asking for help you are fooled by yoyr own numbers and you believe what you’ve let yourself believe not how it actually is.
A median is defined as a number at the center position of a set of
numbers. In other words, whatever that MEDIAN annual wage is, 50% of
people would earn more than that number in a year, 50% would earn less.
watch behind the curtain Dems get no bad press unless it’s for cover.Must be something real bad going on behind the scenes.
This is the real face of the democrat party…this is who you elected! Its only a matter of time until this democrat violence happens here…And yet Tea Partiers are called the violent ones…..Of course you will find this nowhere in the news!…hmmmm!
http://www.theblaze.com/stories/raw-footage-captures-union-activists-punching-attacking-conservative-writer/
Funny…I heard it all over the news this afternoon and evening.
you are correct michigan style paid union attackers will come to a street near all of us.This is how progressive democrats act petty and childish.Recall the bums.
Not only should they get starting pay…they should refuse the higher pay if it were offered. Let’s see if any one of them has the morals to do what is right!
The poll question – Do you think the Democrats returning to their old jobs should receive higher pay for their past service? – is disingenous. It should ask whether the returning officers should start their salary at the level they left.
But nobody is making a stink about the amount of money LePages daughter makes. I mean do we even hear from her about anything? No she is not even earning her money as far as I am concerned. You can go get a job and get paid more based on your experience, it really is no different here on the other hand either. Did lawmakers make a stink when they vote to give themselves a raise? No. So they should all just shut up and get to work
They are not being hired, They are being appointed. big difference..
other than political rhetoric from the left what does lepages daughter have to do with this election have consequences get over it.
It has a lot if you were up to date on what happens in Augusta. You got Republicans complaining about the amount of money the SOS and AG are about to get paid, but on the other hand we can give LePages inexperienced family a bunch of money for doing what? I rather see someone get paid because they know their job, not because they are family. so get over it yourself
If you’ll notice, these consevative posters on here, speaking of “layabouts” and “their” tax money and the like, are posting all day, everyday. Now maybe they are retired, but i’ve got my doubts. I’ve got a feeling “my” tax dollars are paying for Billy and Timmys internet. But i’m fine with that. I am a working man, and a liberal, ( though I ALWAYS vote for who I feel is the best candidate, regardless of affiliation) I feel it’s my duty to help my fellow human. I’ll pay more to help the less fortunate. It’s just the right thing to do.
On a side note, most of these perpetual posters will tell you Cannabis makes you lazy and a drain on them. I enjoy reading what they pecked out all day long, when I get home from work, while smoking a joint..
I consider myself a Democrat, most of the time. This effort to pay the higher salaries will tuen me into a Republican pronto!
Dems need to reconsider this. Experience doesn’t equate to higher pay in the private sector anymore so it should not in the public sector. No time to raise salaries for anyone. Oh yeah – politically stupid as well !
I am surprised nobody has commented on this quote…
“Democrats are considering setting the pay rate for House clerk at what MacFarland earned when she left two years ago, but she would be paid a fraction of that amount — no more than $700 per week — so as not to affect her retirement and health insurance benefits, Quintero said.”
Double dipping into the State coffers. If she wants the job, she should take it and suspend her retirement benefits.
They should start out at what they were paid in the past and this could be paid by eliminating the Governor’s relatives from the payroll. Great idea.
Plain and simple no….we are facing too big a deficit, how can they justify that?
I don’t think they should be paid at all. Nor should the governor, the state legislature, or any of the appointed bosses. They are in it for the power. Let power be their only reward. They should pay us for the privilege . . .
It appears that those returning knew the new salaries before they accepted the positions. They should not return to the same salaries that they had before, in my opinion.
I think the Liberals should fight for this payhike, maybe they can get the Union to fight for pay hikes for them like the are fighting for the Mural.. Go Libs!!!
Can you say “appointed” The position is an appointment not a job or career. When you are done it’s over. whomever gets appointed, it’s a new appointment..
Not sure about that one. MacFarland is, “A veteran of more than 30 years as a legislative clerk”
they can serve the poor people of Maine sooooo much better if leadership spends the state taxes on wages .Redistribution i believe is the word.See ya in 2014.
Please explain if the wages were set by law how these crooks got higher wages before.Please do not tell me for merit.Seeing what a mess baldacci left this state in
I wonder how much the “conservatives” are giving their people for raises with no questions asked. I envision this one coming back to bite Ker Fredette right in the backside,
Be interesting to see if voters remember this or are reminded of this by the r’s in two eyars.
LOL! The poor economy is finally reaching the top. Everyone else in Maine is taking a pay cut or out of work, why should these guys be any different? I wonder if there are any illegal immigrants available to fill these positions. They would do it for much less.
This is small potatoes. It’s no time to be squabbling about pay raises. Save the squabbling for issues that matter. The Demos have a tough row to hoe with Paulie in the Blaine House set to veto anything that reaches his desk. They need to make these concessions now so they will have some fiscal integrity as they try to right the ship. They will also need support from the other side of the aisle to override Paulie’s veto crayon.
Sad. This isn’t a football game. I am growing weary of left vs right. Each with its cheerleaders. Seems to me if the tables were turned, we would have the exact same argument only with different home team status. Grow up Augusta!
What about the H-R Memorandum that states: “Compensation for the returned retiree must be set at 75% of the compensation established for the position” http://www.maine.gov/bhr/rules_policies/memos/2011/hrmem6-11.htm
The Secretary of State’s office seemed to run ok while Charlie Summers was out campaigning for Congress. Maybe that position could be left vacant and save the state the whole salary.
pay them $8.50 hr for a forty hour week see how they make it..
Sure why not…it’s only tax payers money…we are good for it.
Matt Dunlap’s only real job was pizza delivery boy. Now they want to pay him even more for the hack job?!?! Man you can not make this up.
The amazing thing is that 20% of the respondents to the poll think that paying these leeches even more is a good idea.