Homecoming Reception for Bob Edgar


Common Cause Pennsylvania invites you to attend our special Homecoming Reception to welcome our new national president, Bob Edgar. Bob was elected to the U.S. House in 1974, becoming the first member of his party in 82 years to represent his district near Philadelphia. He brings a wealth of experience to Common Cause, where he is mobilizing the extraordinary power of citizen activists to preserve and strengthen our democracy.

Here are the event details:

When: Monday, March 10, 2008 from 5:30 to 7:00pm
Where: Schnader, Harrison, Segal & Lewis LLP, 1600 Market Street, Suite 3600, Philadelphia, PA

Please RSVP today to attend!

 

 


Bob Edgar to speak at Forum March 9

 

The First Unitarian Church of Philadelphia and Common Cause/Pennsylvania will co-sponsor a public forum on Sunday, March 9, featuring Bob Edgar, president and CEO of Common Cause, one of the nation’s oldest and largest citizen advocacy organizations. The forum will begin at 2 p.m. at the First Unitarian Church, located at 2125 Chestnut Street in Philadelphia.

Please RSVP at www.commoncause.org/PA/March9.


The forum will address issues of public official accountability, increased voter participation and improved voting systems, transparency in government, the importance of a diverse media and the need for Federal Communications Commission (FCC) reform. We are inviting local officials to come and be part of the forum. Barry Kauffman, executive director of Common Cause Pennsylvania (CC/PA) will talk about the aggressive campaign that is being waged in our state around election issues.

With over 12,000 members and supporters, CC/PA currently is tackling three major government reforms -- open records, campaign financing and redistricting --that affect the outcomes of all other hot-button issues about which Pennsylvanians are concerned.

Common Cause is a nonpartisan government watchdog organization with a national network of citizen activists that ensures that powerful institutions in society—including government, corporations, and the news media—serve the public interest, not narrow special interests.

John Gardner, the founder of Common Cause, once said “The things that UNITE us as a people are more important than the things that divide us. No particular interest group can prosper for long if the NATION is disintegrating.”

Could there be a more important time in U.S. history to pay attention to these words?

Bob Edgar is well known to Pennsylvanians, having been born and raised in the Philadelphia area. He served as protestant chaplain at Drexel University, and was elected as a Democratic Congressman from Republican-dominated Delaware County in an amazing election in 1974. He served until 1987. He has managed to combine religion, politics, public service and national leadership in unique ways. He also has served as president of Claremont School of Theology in California, and General Secretary of the National Council of Churches.

At the First Unitarian Church’s morning service on March 9, Bob Edgar, an ordained Methodist minister, will give the sermon on the topic of “Religion and Politics: Can they be partners for the public good?”

  

Sweeping Open Records Law Passes; Enforcement Questions Remain

 

More than 17 years of work by Common Cause/PA and its citizen advocates bore fruit today when the Senate concurred with House amendments to Senate Bill One, a new law that will provide citizens with vast new rights of access to government documents. Common Cause/PA Executive Director, Barry Kauffman, said “We are viewing the reform glass as more than half full, and believe passage of this new law will reinforce efforts for additional government reforms. However, we will have to remain vigilant to ascertain whether the law is effectively enforced.”

 

Thank you to everyone who helped with this extraordinary achievement!

 

 

Read our press release. 

 

 

More Work Needed on Open Records

 

Common Cause/PA is urging the House and Senate to further improve SB-1, the Open Records law. The executive director of the citizens lobby, Barry Kauffman, said “Open Records are incredibly important to government accountability. Unfortunately, SB-1 still contains several critical flaws. So we must insist that our lawmakers stick with the job until they get it right this time. We know they can do better. They must do better. A championship quality open records law is within our grasp if our lawmakers have the stamina and don’t fumble this important effort.”

 

Read our press release. 

Get the facts on the problems remaining with SB-1.

 

   

Legislative Alert: Open Records Bill in Danger of Being Gutted!

 

The Pennsylvania House or Representatives is expected to amend vote on a new Open Records law for Pennsylvania on Monday, October 29. 

 

Please contact your House member before October 29 and insist that he/she support restoring HB-443 so that:

 

  • All state and local government agencies – including the legislature – are subject to oversight and appeals via the Pennsylvania Public Records Office;
  • Uniformity exists across ALL state and local agencies as to the range of records covered;
  • All exemptions are “Content Based”, not based on how the record was received, and that exemptions be narrowly defined rather than broadly and vaguely defined;
  • The Public Records Office is truly independent, not under the Governor’s thumb;
  • Timelines are shortened to ensure that citizens do not have to wait a month or longer to get the records they request;
  • Government agencies can not effectively deny access to records by charging high fees.   That means prohibit charging citizens for legal reviews, redacting; personnel time for retrieving records from files, or charging copying fees higher than local copying services; and
  • Penalties have the effect of creating genuine incentives for compliance with the law.

 

 

 

Background

 

Wednesday night the House State Government Committee gave Pennsylvanians a classic example of how bad governing process creates bad laws.   HB-443, an “Open Records” bill to give citizens increased oversight over government functions became the victim of a gut and run maneuver.  Using a fast-track process, the Committee did a bait and switch that left the bill an Open Records measure in name only.

 

While conceptually maintaining the critical new standards for presumed openness of government records and placing the burden on the agency to demonstrate that an exemption prevails, in reality Committee amendments erased those laudable standard through broad nebulous exemptions and operational procedures.   These include vague exemptions for “privileged” documents and citizens who “harass” agencies for records.  In some cases it extends timelines for providing documents to over a month.  It eliminates the legislature, state attorney general, auditor general and treasurer from oversight by the independent Office of Public Records.  The Governor would be permitted to appoint the director of the oversight office instead of the Ethics Commission. Agencies would be permitted to outsource research, which would be exempt from disclosure. Agencies could charge high fees for personnel costs related to request, and even refer citizens requests to expensive transcription firms.  Penalties public official who violate the law are low and would be paid by tax dollars instead of by the violating official.

 

For seventeen years Common Cause/PA has been fighting for a real open records law, similar to those the federal government and other states have.   We are getting close to a victory, but citizens’ help is needed to get quality freedom of information protections to the victory line.

 

Thank you for your help and support.

 

Hot Summer for Reform at State Capitol

 

Recently two prominent columnists at two major Pennsylvania newspapers declared reform to be dead in Harrisburg.  Boy did they blow that call!  The “shock and awe” period of the resurgent reform movement may be at rest, but the “boots-on-the-ground” efforts are proceeding full speed ahead.

 

Over the summer season Common Cause/PA presented testimony at eight public hearings at the capitol, and submitted major written testimony to another.

 

  • Campaign Finance Reform (aka Citizen Owned Elections) – Common Cause/PA told the House State Government Committee and the Speaker’s Commission on Legislative Reform why enactment of (at least) campaign contribution limits is essential for cleaning up the political culture in Harrisburg, AND in local governments across the state.  Pennsylvania is one of only a dozen states that still do not limit how much money individuals and PACs can give to candidates.  This leads to pay-to-play government, and corrupts the decision making process throughout government. (Click here to see CC/PA Campaign Finance testimony to the Speaker’s Committee)

 

  • Open Records – Pennsylvania reputedly has one of the weakest Open Record laws in the United States.  Common Cause/PA informed the House and Senate State Government Committees why Open Records reform is so critical and laid out basic components for a new law.  Currently Pennsylvanians can not get basic information about what their government is doing or how their tax dollars are being spent.  This makes it very difficult for citizens to respond, seek reforms, or participate at government functions.  It also makes it very difficult to hold public officials accountable for their actions.  (Click here for CC/PA Open Records testimony to the House State Government Committee.)

 

  • Elections – In the wake of the 2000 Florida election fiasco, much attention became focused on how elections are conducted around the country.  Sadly, Pennsylvania is only a whisker away from experiencing the kind of problems Florida saw.  In July Common Cause/PA testified before the Senate State Government Committee, expressing its concerns and recommending remedies for Pennsylvania’s seriously flawed election procedures and voting systems.  (Click here to read CC/PA’s Elections Reform testimony before the Senate State Government Committee.)

 

  • Citizen Lawmaking– In 28 states citizens have various powers of Initiative and Referendum.  That means in those states citizens can write laws, veto laws, and amend their constitution by putting proposals on the ballot.  These states often are the birthplaces of valuable social and governmental reforms.  Initiative and Referendum are key safety valves for the citizens in the legislative process.  Article I of PA’s constitution essentially provides all the rights that are I&R, but the legislature never has created the mechanisms to make them operational.  (Click here to see CC/PA testimony to the Senate State Government Committee on I&R.)

 

  • Gerrymandering – One of the strongest tools incumbents lawmakers brandish is their power (and legal obligation) to redraw the boundaries of legislative districts after each decennial census to protect our one-person-one-vote rights.  Unfortunately, lawmakers abuse this process, and have created a system in which lawmakers now choose their voters to a greater degree than voters can choose their representatives.  Common Cause/PA showed the Senate State Government Committee how it could be done more fairly and in a manner that protects citizens’ rights to competitive elections – and thus more accountable government. (Click here to see CC/PA testimony to the Senate State Government Committee.)

 

  • Legislative Reforms   -- CC/PA provided follow-up testimony on a broad range of government reforms to the Speakers’ Commission.  Earlier in the year CC/PA proposed over 70 key reforms to the way the legislature operates – reforms that given citizens better oversight, and permit rank-and-file lawmakers to better represent their constituents.  (Click here for CC/PA’s second testimony to the Speakers Committee.)

 

Common Cause/PA also addressed the Special Committee on Lobbyist Regulation, pointing out technical concerns with the regulations being drafted to implement the new lobbyist disclosure law.

 

The Clock Is Ticking.   The 2007-08 legislative session now is more than one-quarter complete, at not one government reform law has been passed.  Several major long-overdue efforts are making progress, but they will need continuing pushes from citizens across the state to make sure this hot Summer picnic of reform action becomes a Fall and Winter banquet of reform laws that serve Pennsylvanian’s interests in open, effective, accountable and responsive government.  It’s time for our lawmakers to deliver.

 

Reform Groups Challenge Lawmakers to Clean up State Budget Process

 

Government reform groups representing the entire political spectrum converged at the state capitol today insisting that state officials improve the process for developing and passing the annual state budget. Noting that timely passage of the state budget has become a rare occurrence, Common Cause/PA Vice Chair for Issues, Sandra Christianson, called the current budget process "a sheer disaster" and carries the potential to unnecessarily inflict havoc throughout the state.
 
The organization reissued its proposal to require a disciplined methodical system for creating, reviewing, modifying and voting on the annual general appropriations bill.  The citizens' lobby proposal calls for enacting a statute that would establish:
 
 • a systemic process for creating and passing the annual state budget;
 • a mandatory timetable for essential budgeting activities;
 • penalties for failing to meet required essential deadlines;
 • automatic continuation of the prior year's budget if the June 30th enactment deadline is missed; coupled with salary forfeiture for the Governor, cabinet secretaries and all legislators until a new budget is enacted; and
 • requirements that budget deliberations be subject to the Sunshine law.
 
Christianson stated that this proposal, which the organization originally presented in 1991, places the burdens and penalties for failure to achieve timely enactment of the state budget on the shoulders of the responsible elected officials instead of on innocent taxpayers, state workers and citizens.   She also noted that had the Common Cause proposed system been in place this year, there would have been no furloughs of state workers, parks and museums would have remained open, road maintenance work would have continued uninterrupted, and other vital services such as those that elderly and disabled people depend on would not have been threatened.

 

"The time for excuses and finger-pointing is over.   The time for fixing the budget process is long-overdue.  It is time to stop holding the people of Pennsylvania hostage over political gain and gamesmanship. It is time to impose discipline on the budget process, and to penalize the officials who ignore the law and their responsibilities instead of the law-abiding taxpayers and citizens of this Commonwealth" said Christianson.

 

The reform group plans to deliver copies of the reformed budget process to legislative leaders today.   Common Cause/PA officials indicated they believe the environment may now be right for the legislature to tackle this problem which annually afflicts Pennsylvania.


 

Pennsylvanians Finally Get Their Laws on the Internet

 

 

Add these links to your “Favorites”:

 • PA laws since 1975
 • PA consolidated statutes

It took over a decade of prodding by organizations like Common Cause/PA, but the state Senate has finally put Pennsylvania’s state laws on its internet site. Pennsylvania became the 50th state to put its laws online and the job still is not complete. Nevertheless, Senator Jake Corman, and Senate Majority Leader Dominic Pileggi deserve a big “thank you” for finally bringing Pennsylvanians access to legal information that citizens in other states have taken for granted for a long time.

 

This battle is not over.   Internet access to state statutes remains at the pleasure of Senate leadership.  If less enlightened future legislative leaders should decide to hoard this information unto themselves, this new right of access to state laws could disappear. 

 

Please urge your Senator and Representative to enshrine this right into a statute that would mandate citizens’ online access to statutes permanently.   

Urge them to enactSB-422

 

Forty-four of the fifty state senators have co-sponsored this legislation.   This bill should be passed now, while the opportunity is hot.

 

 

COMMON CAUSE/PA PUSHING LAWMAKERS ON ESSENTIAL GOVERNMENT REFORMS

Citizens Access to Government Records -- Gerrymanderng -- Financing Political Campaigns -- Initiative & Referendum -- Legislative Operations

 

Common Cause/PA is aggressively pushing for major government reforms, presenting in-depth testimony to the Senate State Government Committee and the Speakers Commission on Legislative Reform. Significant, if not speedy, progress is being made. The outlook for major government reforms remains very bright, BUT citizens will have to keep the pressure on with letters, phone calls and personal visits. The following are thumbnail sketches of critical reform efforts Common Cause/PA is promoting.

 

Government Records : Over 17 years of work by Common Cause/PA now is bearing fruit, with many organizations and legislators backing our positions to give citizens greater access to public documents. It appears that if Common Cause and its allies - including regular citizens - keep the pressure on lawmakers, 2007 will be the year we finally pass a major upgrade modernizing the laws regulating citizens access to government records. In testimony before the House and Senate (click here to see CC/PAs Open Records testimony) Common Cause/PA Vice Chair, Sandra Christianson, and Executive Director, Barry Kauffman, laid out the essential components for a new law if it is to properly serve the public:

 

  • ALL government agencies must be covered including the legislature, the courts, and all county and local government entities;
  • ALL government records must be presumed available to the public;
  • Exemptions must be carefully crafted to protect citizens privacy and safety;
  • Records must be made available at reasonable prices, in formats usable by citizens and produced in a timely manner so that they are useful;
  • Thorough training for officials, coupled with tough enforcement and penalties for officials who violate citizens rights; and
  • An independent agency to guide officials and provide timely inexpensive appeals for citizens must be available.

 

(Click here to support CC/PA efforts to upgrade and modernizePennsylvanias Open Records law.)

 

Cleaning Up Election Funding - In politics, as the saying goes, you dance with the one that brung ya. That is why Pennsylvanians must clean up campaign financing. Until citizens regain ownership of their elections they will not regain ownership of their government. Campaign finance reform can be the most culture-changing reform of all, because it would make competitive elections more likely, and when voters have a choice among a variety of viable candidates, they can begin to hold their elected officials accountable. Common Cause/PA has proposed far-reaching reforms for state and local elections - although quite similar to reforms already in place in three-fourths of the other states (click here to see CC/PA’s Campaign Finance Reform testimony). In brief, Common Cause/PA urged lawmakers to:

 

  • Restrict the amount of money that wealthy individuals and special interest Political Action Committees can give to candidates;
  • Eliminate back-door methods of evading the limits;
  • Make all political contributions and their sources fully disclosed;
  • Establish voluntary expenditure limits, tied to publicly financed incentives to comply;
  • Provide public financing for judicial elections immediately so that the lawyers and litigants appearing before judges are not also financing their election campaigns. And give strong consideration to publicly financing gubernatorial elections so that governors will not be under constant pressure from campaign donors to provide grants, contracts, appointments and jobs - or even veto legislation or engage in selective enforcement of the law.

 

(Click here to support CC/PAs efforts to Restore ownership of our elections to the citizens, taxpayers and voters.)

 

Gerrymandering - Like Campaign Finance Reform, ending gerrymandering is essential for Pennsylvanians to acquire competitive elections and government accountability. Unfortunately, Pennsylvanias system for equalizing the population of legislative districts after each ten-year census has become so politically sophisticated that it has degenerated into a system that permits incumbent lawmakers to select their voters (to virtually guarantee re-election) instead of voters selecting elected officials (to best represent their interests). The state constitution already requires all legislative districts to have nearly equal populations, be compact in size and shape, and prohibits dividing existing municipalities unless absolutely necessary. As a rule, unfortunately, the courts have only enforced the population equity standard. In addition to creating more rigorous requirements to enforce the above standards, Common Cause/PA is pushing for additional requirements that will protect citizens rights to competitive elections (click here to see CC/PAs redistricting testimony). The new standard would ban the mapmakers from identifying or considering

 

  • Voter registration patterns of any area;
  • Voting histories of any area; or
  • The location of the homes of incumbents, perennial challengers or any other person when designing district maps.

 

(Click here to support CC/PAs effortsto end corrupt redistricting practices.)

 

Initiative and Referendum - In 28 states citizens have the rights of Initiative and/or Referendum. That means citizens can veto laws passed by the legislature; or if the legislature is being unresponsive or irresponsible, citizens can write legislation and put it on the ballot for their fellow citizens to decide whether a proposal should become law. In the vast majority of states the system works very well. In all states that have I&R citizens cherish these rights. Article I, Sections 2, 20 and 25 of the PA constitution essentially provides our states citizens with I&R rights, but the legislature has never enacted the tools necessary to make those rights operational. Common Cause/PA presented an in-depth plan for making Pennsylvanians I&R rights operational (click here to see CC/PA’s I&R testimony). Like citizens in 28 other states, Pennsylvanians deserve this vital legislative safety valve to protect their rights and pursue a brighter future.

 

(Click here to support CC/PAs efforts to Give Pennsylvanians the I&R legislative safety valve citizens in other states take for granted and cherish.)

 

Fixing the Governing Systems- At the beginning of the year, Common Cause/PA presented lawmakers with over 70 reforms they should implement to restore integrity to the legislative process, to allow citizens to keep an eye on their activities, and to give citizens greater opportunity for input. In addition to reinforcing the above goals, CC/PA urged lawmakers to (Click here to see full testimony):

 

  • End Lame Duck legislative sessions, so that citizens have the complete voting record of their lawmakers before being asked to return them to office, and end the temptations to pass controversial legislation immediately after elections;
  • Close the loopholes in the lobbying law to ban or restrict lobbyists from giving gifts, trips, meals and entertainment to government officials; and provide more detailed reporting so the public can fully understand the forces for and against various legislative efforts;
  • Fix the election laws so that every person who is entitled to vote has the opportunity to do so and be ensured that their vote is counted as cast. That means requiring voting machines to produce paper copies of votes for voters to verify, penalties for people who harass voters or direct voters to the wrong polling places or wrong times, permit no-excuse absentee voting; and equalize opportunities for minor parties to get their candidates on the ballot.
  • Close the loopholes in the ethics law so that public officials have to disclose not only the source of outside income, but also the amounts so that the public gets a better understanding of the influences on their decision-making.

     

    Pennsylvanians now have their best opportunity in over three decades to clean up our state government and make it truly serve our interests. Keep the pressure on and help Common Cause/PA fight for democracys future.

     

    (Click here to support CC/PAs efforts for clean and effective government.)

    PHILADELPHIA MAYORAL AND COUNCIL CANDIDATES

    COMMIT TO CLEAN AND FAIR ELECTIONS PROGRAM

     

    Sweeping political change appears to be on the horizon in the City of Brotherly Love.  For far too many decades, Philadelphia has been characterized by its grubby pay-to-play style of government, and an elections process that bears more resemblance to an auction than the exercise of informed decision-making.  That may be about to end.  Every major mayoral, except one, and many of the leading city council candidates have signed the Clean and Fair Elections Pledge.  By signing the pledge the candidates promise to work to enact comprehensive campaign finance reforms immediately upon taking office next year (click here to see pledge).

     

    The Clean and Fair Elections program will apply comprehensive campaign contribution limits, public financing, and expenditure limits to political campaigns in Philadelphia .  In other cities and states where similar laws are in place, elections are more competitive, producing better public official accountability;  political pressures that lead to corrupt relationships between campaign funders and elected officials are diminished; and more people with a greater variety of backgrounds have the opportunity to run for elected office.  In Clean Elections cities, candidates spend more time discussing issues with constituents and less time dialing for dollars with political fatcats who often have expectations for a return on their contributions.  When fully implemented, the Clean and Fair Elections program produces a win-win situation for citizens and candidates.

     

    Common Cause commends the candidates who have signed the pledge (click here to see which candidates have signed), and in turn Common Cause pledges to assist Philadelphia officials to create a system for political campaigns that can help to restore citizens confidence and pride in Philadelphia government.   

     

    Spring Has Sprung!

    Check out the Spring 2007 Upfront Newsletter for and update on legislative reform as well as a report from the FCC media consolidation hearings!

     

     

    FOLLOW THE ACTION ON LEGISLATIVE REFORM
     
    You can follow the efforts to reform the way the Pennsylvania House of Representatives operates by checking up on the Speaker's Commission on Legislative Reform at the following website:
     
     
     
    While deliberations have already begun, you can continue to give feedback to Commission at  reform@pahouse.net.  Or contact individual Commission members.

     

    Click Here to view Common Cause PA's comments to Speaker O'Brien

     

    CLEANING UP THE PENNSYLVANIA LEGISLATURE

    REAL REFORM -- RIGHT NOW

    YOU CAN MAKE IT HAPPEN


    reform@pahouse.net Save and use this email address.


    Ghandi laid out the four stages of reform. "First they ignore you; then they laugh at you; then they fight you; then you win." It appears we may be entering stage four for some key reforms in the state legislature -- and Campaign Finance Reform may not be far behind.


    For the past decade-and-a-half Common Cause/PA has been pushing the state legislature to democratize and modernize the way it operates. The corrupt methods for passing laws in the Keystone State are under attack as never before, and the legislature now is responding.


    In the wake of the 2005 payraise scandal and 2006 election shakeout, the Speaker of the PA House of Representatives has established a special Legislative Reform Committee -- and this time it looks to be the real deal. It is heavily populated with lawmakers who have long-time reputations as reformers. It is equally bi-partisan. The co-chairs, Josh Shapiro (D-Montgomery) and Dave Steil (R-Bucks), have said everything is on the table, and while they will consult with legislative leaders on recommended reforms, the Committee will not bow to their demands. Furthermore, they have established a public email address to get recommendations and advice directly from you (see above). This is where you can make a difference -- and you need to take advantage of this opportunity -- because such opportunities come around about once in a lifetime.


    Common Cause/PA has submitted over 50 recommended reforms. They range from minor housekeeping to major culture changing. Some of our high impact recommendations are:

    • Creating equal opportunity for all legislators by eliminating House and Senate rules that authorize Rules Committees to massively change bills just before final votes, and immediately send them to the full chamber for passage as unamendable bills (a major affront to constitutional standards);

    • Limiting the number of terms a person may serve as a committee chair or in a leadership post;

    • Banning "lame duck" legislative sessions (requiring adjournment by September 30 in even numbered years so that lawmakers' voting records are final before voters are asked to choose to retain or replace them);

    • Requiring a timely committee vote on every bill introduced;

    • Mandating a timely floor vote on every bill passed by a standing committee;

    • Requiring 48 hours public notice of the exact date on which a bill will be voted;

    • Requiring committee and floor votes to be posted on the Internet in a fully searchable data-base within 24 hours of the vote;

    • Requiring the posting of legislative journals on the Internet within 30 days of the day they cover;

    • Banning "ghost voting";

    • Opening ALL budget negotiation sessions to the public;

    • Requiring all proposed amendments to bills to be posted on the Internet at least 48 hours before being considered for a vote;

    • Requiring a 48 hour waiting period between the final amendment of a bill and the final vote on a bill;

    • Requiring proportional representation on all committees;

    • Listing lawmakers in alphabetical order on the voting Boards (instead of by caucus) to reduce herd mentality voting;

    • Combining the four caucus research offices into one; and

    • Bringing legislative compensation into strict compliance with the state constitution.


    Committee leaders indicate they will take on internal operating changes in the first round so that reformed operating procedures can be put in place by March. After that they intend to tackle major institutional reforms like campaign finance reform, redistricting, lame duck sessions, size of the legislature,and legislative compensation.


    Never before have we had this kind of opportunity to clean up the PA General Assembly. NOW its up to you. Click on the link at the beginning of this article and tell your lawmakers what you think needs to be done to fix the legislature.


    NOTE: This report would not be complete without a tip of the hat to the PA Senate. The Senate already has passed versions of a few important reforms on the above list. Some are not as remedial as we believe necessary, but they have begun the trip down the road to reform. They even are hinting at finally taking up limits on campaign contributions. Campaign finance reform is Common Cause's signature issue, and a battle we have been fighting in PA for over 30 years. Our thanks go out to Senators Pileggi, Scarnati and Mellow for making government reform the lead-off issues of the 2006-07 session.

     

    BEGIN REFORM ON DAY ONE

    COMMON CAUSE/PA TELLS STATE HOUSE AND SENATE LEADERS


    "Pennsylvanians have become increasingly frustrated and angered by the legislative process in Pennsylvania" Common Cause/PA Executive Director, Barry Kauffman, told leaders of the four legislative caucuses in a letter yesterday. He urged that on January 2 (the day lawmakers are sworn in and normally would set operating rules for the next two years) they "get off to a positive start on reforming the way the legislature operates" in order to make the both chambers more open, accountable and responsive to the citizenry.

     

    Specifically, the citizens' lobby called for passage of a resolution that would:

     

    • Implement temporary, rather than permanent, rules and require review and reform of the way the House and Senate operate;

     

    • Mandate a vote on permanent rules by the end of February, so that the legislature does not evade doing the bulk of its business under cleaner rules;

     

    • Require public hearings and public comment on rules reforms; and

     

    • Create a Joint House/Senate Select Committee on Rules Reform to examine the operating rules and make recommendations to open, improve and democratize the lawmaking process.

     

    Kauffman said, "While the public often sees issues like the legislature's operating rules as boring inside baseball, this really is key to restoring the integrity of our democracy, because the rules often have a dramatic impact on the outcome of the issues regular citizens dearly care about. That is why it is so critically important that changes be made right away to clean up the system, empower all legislators, and give citizens the ability to oversee what is going on, as well the opportunity to provide input."

     

     

     

     

    FINALLY

    A LOBBYING LAW FOR PENNSYLVANIA !

    Citizens Lobby Applauds Passage of Lobbyist Regulation



    The Keystone State is no longer the only state in America without a law regulating lobbying. With the Senate's passage of HB-700 earlier today, Pennsylvania joins the ranks of the other 49 states, the federal government and many cities that have recognized the importance of providing citizens with information identifying lobbyists, who they represent, and how much they spend on their efforts manipulate public policy. Governor Rendell is expected to sign the bill.

    "It has been a long hard struggle" said Common Cause/PA Executive Director Barry Kauffman. "But, now Pennsylvanians once again have a good tool for learning who is attempting to influence the laws and regulations that affect every aspect of their lives." Over thirty years in the making, the new lobby law is seen as being even stronger than the law inappropriately stricken by the PA Supreme Court in 2002. The new statute is more precise in its wording, contains new tough ethics standards, has stronger enforcement and penalty provisions, makes compliance easier for lobbyists, and improves citizens' access to lobbyists' disclosure filings. The new law also requires those who use media campaigns to get the public to contact public officials on issues to identify who they are on all promotions. Furthermore, it also amended the state Ethics Law to tighten the gift and entertainment disclosure standards for public officials and employees.  Another important aspect of the new law is the fact that it has been carefully designed to withstand any constitutional challenge, while treating lawyers and non-lawyers alike.

    Kauffman noted this effort is the culmination of the work of many civic organizations and reform-minded lawmakers. The Common Cause leader gave special thanks to Senator Jubelirer and Representatives Clymer, Maher and Manderino for their resilient leadership efforts. He also expressed appreciation to Gov. Rendell for the pressure he provided for a comprehensive uniform law through the introduction of his Executive Order on lobbying disclosure. Working hard behind the scenes to get the bill moving, keep it moving, and protecting its integrity were Representatives Boyd, Gingrich, Nickol, Vitali, Freeman and Steil among others. Several legislative staffers, including Sue Boyle of the House State Government Committee and Eric Arneson from Sen. Brightbill's staff, provided key substantive and technical expertise.

    Mindful of the Chinese proverb that a journey of a thousand miles begins with a single step, Kauffman thanked lawmakers for the steps they have taken in passing HB700. He then urged lawmakers to "continue the journey toward better government by tightening ethical standards on gifts and hospitality given to public officials, passing campaign finance reforms, and improving public access to government records in the upcoming session. Common Cause believes good government is good politics, and the public will gain respect for and confidence in both our government and those who run it when lawmakers embrace that reality."

     

     

    LOBBYING REFORM

    THE MINIMUM PENANCE FOR THE PAY RAISE SCANDAL

     

    By Barry Kauffman

     

    Talk is Cheap, or so the saying goes.  Last Summer, legislators voted themselves a pay raise without debate in the dead of night, and in defiance of the state constitution.  After outraged citizens dumped a sitting Supreme Court justice for the first time ever, due to the court's complicity in the pay raise scandal, lawmakers rescinded the pay raise law and hoped voters would forgive and forget by election day. Just as in the past, legislative leaders figured they could hunker down and wait for the voters’ outrage to die. They assumed they could outlast the cry for reform and then go back to business as usual. This time they were wrong.  The Spring primaries saw two powerful Senate leaders and 15 other incumbents ejected by the voters.  This time the voters are serious about reform.

     

    After the voters responded to the pay raise scandal, a large legislative chorus could be heard supporting a river of reform legislation. Unfortunately, despite all the rhetoric about mending their ways, the legislature has failed to enact one single government reform in this so-called post-pay raise reform environment.  There has been a lot of talk, but no action.

     

    The most compelling example of legislators' failure to change their ways is the failure to pass a tough effective law requiring lobbyists to register and report what they spend, who they try to influence, and what special interests they represent. More than a year after the pay raise fiasco, and four years after the state supreme court inappropriately voided our prior lobbying regulation law, there still is no state statute regulating lobbying.  Pennsylvanians still can not find out the extent to which their own legislator benefits from lobbyists' largesse, or even which public policies lobbyists are attempting to manipulate, because the our state remains the only one in the nation without such a law.

     

       While the talk of reform is cheap, the talk of lobbyists is anything but "cheap."    Lobbying is high power talk -- and it is expensive talk.   Over $100 million is estimated to be spent on this talk every year in Pennsylvania government (see special edition Summer newsletter below).    Combine the absence of a lobbying law with the state's extraordinarily loose campaign finance laws, which permit unlimited contributions by lobbyists and political action committees, and you have a system that offers free rein to lobbyists and legislators seeking to collaborate on promoting their own well-being with apparently only secondary concern for the public good. 

     

    In the long run, you pay the price for the lack of lobbying oversight and regulation.  You pay the price in inflated government contracts.  You pay the price via loopholes in public protection.  You pay the price in government inaction. 

     

    There is hope on the horizon.  Legislation to remedy this problem is sitting on the verge of passage in the Pennsylvania House and Senate.  It needs strengthened, however, and legislators need a push from people like you and me to finally get the job done.  Passage of a powerful and effective lobbying regulation law can help Pennsylvania end its humiliation as the only state in the nation that tolerates the corruption that accompanies unregulated lobbying. 

     

    But time is running out.  Time for talk is over.  Time for action is long-overdue.  Now, in early October, there are at most a half dozen legislative session days remaining before our lawmakers go on their election recess.  After that, the House and Senate will be back in Harrisburg for the infamous "lame duck" session when anything can happen -- and what happens often is pretty ugly, as a flood of bills washes through both chambers like a tsunami.  The only hope for passing responsible and effective lobbying reform is for constituents to press their legislators to take action before the upcoming elections.

     

    WE must move beyond talk to action, and demand the enactment of a Lobbying Law before the November elections.  We must insist that it be the best in the nation -- not just sham reform.

     

       Call your legislators NOW.   It's the best way for you to begin to hold our lawmakers accountable. Remind them you will remember in November when you vote.

     

    Barry Kauffman is Executive Director of Common Cause/Pennsylvania.

     

     

    Pennsylvania:  Still the Only State in America Without A Law Regulating Lobbying.

    Check out our SPECIAL EDITION Summer Newsletter on LOBBY REFORM

     Here!

     

     

     

    Pay Raise Scandal's Civil Rights Questions

    Shift to Federal Court This Month

     

    Court is Asked to Uphold Citizens' Rights to

    Constitutional Government and Fair Trial

     

     

                 The action in the on-going legislative pay raise scandal shifts to the United States Courthouse in Harrisburg on May 19th.   Attorneys for the state will be asking federal district judge Yvette Kane to dismiss the lawsuit brought by Common Cause, the League of Women Voters and private citizens, claiming the federal courts do not have jurisdiction or authority in the matter.   The lawyer for the citizens' groups will be urging the federal court to declare that citizens of Pennsylvania do have a right to expect that their state government will obey the law, and that if it doesn't, federal authorities can step in to ensure state officials do honor and obey the state constitution.

                With nearly two dozen taxpayer-paid attorneys and contract lawyers from some of Pennsylvania's largest law firms contesting the citizens' complaint, the stage is set for a David vs. Goliath confrontation of major proportions.  The court is being asked to examine wide-ranging violations of the Pennsylvania constitution coupled with collusion by Pennsylvania's highest court in the passage of last Summer's pay raise for senior state officials -- including all state judges.  According to Common Cause and its co-plaintiffs, the depth and breadth of the legislature's violations of the state constitution, coupled with  separation-of-powers violations in the development   and passage of the pay raise law, led to fundamental abuses of Pennsylvanian's civil rights under the United States constitution.

    Judge Kane first will be asked to determine if the federal government has authority in this matter.   If the judge agrees that federal court is the appropriate venue for deciding questions about federal civil rights violations in situations where a state government violates its citizens rights, then the court will have to decide if Pennsylvania legislators have to obey the state constitution when passing laws; whether leaders of the three branches of government legally may collaborate in private to pursue public policies, some which benefit their own private interests; whether citizens have a right to a fair trial before an unbiased and unaffected tribunal; and whether the federal government has the authority to step in to protect citizens' constitutional rights if state government officials collude to violate them. 

                 "The questions become quite simple in the end" said Common Cause Executive Director, Barry Kauffman.  "Do the 1st, 5th and 14th amendments of the U.S. Constitution protect Pennsylvanians' rights to government by law, or is government by whim of a few senior officials acceptable?  Is the state constitution a functional and binding document, or is it merely decorative and ceremonial?  And can we depend on the federal courts to protect those rights?"

    Because it is believed that some of the questions being raised in this case are being heard for the first time in federal court, there is interest in the outcome beyond Pennsylvania.   The Harrisburg federal courthouse may again become the focal point of a lawsuit that has broad national impact -- and the impact of the judge's decision could determine whether we truly are a nation of laws, or just a power brokerage firm dressed up as a constitutional government.

    COMMON CAUSE ASKS FEDERAL COURT
    TO SUPERSEDE STATE COURTS
    IN PAY RAISE SUITS

     

    Papers filed by Common Cause/PA today in Federal Middle District Court, in Harrisburg, request that the federal court issue an injunction halting further proceedings on the infamous state pay raise scandal now pending before the Pennsylvania Supreme Court.  Citing pecuniary conflicts of interest by the state courts, harm that could be caused to the federal litigation if the state cases proceed, and well-established authority for such an injunction, the citizens' lobby request seeks to prevent any further state court action until 60 days after a final verdict by the federal courts in this matter.
     
    Specific problems that the request for an injunction cite include:

     

    Income of every PA Judge and Justice is affected by the outcome of this case;

    • Chief Justice of the PA Supreme Court's secret participation in drafting the legislation in question (Act 44);

    • PA Chief Justice's disparaging comments about public reaction to the enactment of Act 44;

    • An apparent history of similar collusion between the courts and the legislature;

    • State plaintiffs now are being asked to address issues raised earlier in the federal litigation;

    • On-going violations of due process rights contained in the Fifth and Fourteenth Amendments of the U.S. Constitution by the state court proceedings;

    • Action by the state court could undermine the authority and flexibility of the federal courts in rendering a fair decision.

    Common Cause Executive Director Barry Kauffman said, "our request to have the federal courts take over jurisdiction of this matter is extremely important.  It is the only way citizens of Pennsylvania can attain any confidence in the potential outcome of this high profile case.  Without the oversight of an unaffected and relatively neutral tribunal, the verdict in this case will always be in question, and opportunities to clean up the legislative and judicial processes in Pennsylvania will be lost."

     

    Motion filed March 23, 2006 in U.S. District COurt for the Middle District of Pennsylvania

     

    Brief filed March 206, 2006 in support of motion for writ of injunction

     

    Common Cause/PA Calls for Defeat of Bill Attacking Pennsylvanians' Voting Rights

    Time is running down on voting rights. Your message to your legislator and the Governor could protect your right to vote and save you time at the polls.

     

    Allied with three dozen organizations ranging from AARP to the League of Women Voters, Common Cause/PA is urging PA lawmakers to defeat HB-1318.  While other states are moving to make their elections more voter friendly, HB-1318 imposes voter ID rules that could disenfranchise tens of thousand of Pennsylvanians - especially the elderly, the poor, the homeless and minorities.  The result of this legislation is that multitudes of voters would be force to vote by provisional ballot and then show up at an identity hearing a few days later if they want their vote to count.  This process also will create substantial delays and longer lines at many polling place.  Similar legislation in Georgia recently was declared unconstitutional by a federal court noting that the restrictions were akin to the long-illegal poll taxes.

     

    In a letter to members of the Senate rules committee, Common Cause/PA Executive Director, Barry Kauffman urged the Senate Rules Committee to defeat HB-1318.  Unfortunately, the bill proceeded and now is headed for a House-Senate Conference Committee.  Pennsylvanians are being asked to contact their lawmakers (www.legis.state.pa.us) to urge the defeat of this anti-voter bill, and to contact Governor Rendell to insist that he veto such a bill if it is sent to him.

     

    Thanks for helping to protect Pennsylvanians' Voting Rights.

    COMMON CAUSE/PA EXPANDS CONCERNS IN STATE PAY RAISE SUIT

    ASKS FEDERAL COURT TO EXAMINE EVIDENCE OF STATE COURTS BARTERING DECISIONS IN EXCHANGE FOR LEGISLATIVE ENACTMENT OF COURT FUNDING

     

    February 6, 2006: For nearly a decade, Common Cause/PA leaders have had growing concerns that inappropriate negotiations between legislative leaders and members of the Judicial branch of state government may have denied Pennsylvania citizens fair trials on important constitutional issues.  Such collusion may have led legislative leaders to feel invulnerable from certain citizens' challenges when they violated the constitution's mandates for open, deliberative and inclusive lawmaking.  Common Cause/PA Executive Director, Barry Kauffman, said "The Courts are the last line of defense that citizens have to protect themselves from abuses by the legislative and executive branches of government.  If justices and judges collude with the other two branches of government to deny citizens their constitutional rights, then the representative democracy we cherish collapses."  This afternoon, the attorney for Common Cause/PA and its co-plaintiffs, offered evidence that strongly suggests the Supreme did in-fact trade at least one court decision that the legislature wanted to win in exchange for funding for the Courts.

     

    According to Common Cause/PA's Kauffman, "For several years, the Common Cause/PA state board has been discussing allegations that Justices of the PA Supreme Court may have been trading outcomes on court decisions in exchange for Legislative Leaders producing desired outcomes on court-related legislation.  In the wake of the recent pay raise scandal, our attorneys have persuaded us to go public with information that had been provided to us by including it in our court filings.  After consulting with officials at the Common Cause national office, we agreed this was an appropriate time to ask the federal courts to address our concerns."

     

    Kauffman noted that these government actions appeared to violate Pennsylvanians' due process, equal protection, and free speech rights guaranteed under the United States Constitution.  He noted that, with regard to the actual enactment of the pay raise, Common Cause is concerned that massive violations of state constitution by the General Assembly violated citizens rights to participate in the legislative process and have their individual lawmakers represent their interests.  Secondly, collusion among the three branches of government on these important constitutional matters would inevitably deny Pennsylvanians the right to a fair trial by an unbiased Court.

     

    Among the remedies that Common Cause is asking the federal court to provide, three stand out.  First, is to mandate repayment of all unvouchered expenses.  Second, is a prospective judgment prohibiting lawmakers from enacting laws in an unconstitutional manner.  Third, is a prospective judgment prohibiting state justices and judges from engaging in discussions with members of the legislative or executive branches on legislation, since they may have to rule on such legislation at future times.

     

    View a copy of Common Cause/PA's Amended Complaint

     

    Lawmakers' Illegal Pay Raises Challenged In Federal Court

    Pennsylvania Capitol building

    October 6, 2005: At a Capitol press conference in Harrisburg today, Common Cause/PA Executive Director, Barry Kauffman, announced the organization had filed suit in federal district court to strike down the controversial pay raises lawmakers recently enacted for themselves despite constitutional prohibitions against such increases.  Surrounded by co-plaintiffs and supporters, Kauffman noted the litigation has united liberal and conservative organizations, Democrats and Republicans, representatives from the faith community, rich and poor, old and young in an effort to protect our federally guaranteed civil rights.

     

    The suit asks the Court to order the State Treasurer to immediately suspend payments of the so-called "unvouchered expense accounts" that are being used to evade the constitution's ban on enacting immediate pay raises.  It also calls for the nullification of the pay raise due to the fact Act 44 was passed in a manner that engendered massive violations of the Pennsylvania state constitution.  These illegal acts of legislative leaders denied citizens, the vast majority of legislators, and now the state courts of their rightful roles in the governing process, and led to severe violations of Pennsylvanians' rights of equal protection, due process and free speech guaranteed under the United States Constitution.

     

    Act 44 also provides raises for all state judges, and contains a "non-severability" clause.  This means any judge who rules against any portion of Act 44 nullifies the raises of all PA judges as well.  Such legislative trick create a financial conflict-of-interests for every judge in the state, and thus violate the principles of an independent judiciary and rights to a fair trial contained in both the state and federal constitutions.

     

    View a copy of the Common Cause court complaint. See requirements of the PA legislature for passing laws citied above (note Article I, sections 11 & 20; Article II, sections 1 & 8; and Article III, sections 1-4).  All check out your rights under the U.S. Constitution (note the 1st, 5th and 14th amendments).

     

    October 13, 2005: Today, inside the capitol rotunda in Harrisburg, Barry Kauffman, Executive Director of Common Cause/PA demanded that our public officials repeal their outrageous pay raises.  Please click here to read his statement.  Evidence is mounting against the legality of this pay raise, completely out of step with the incomes of ordinary hard-working Pennsylvanians.  The graph below compares the average annual income of a PA worker verses that of our legislature.  For a full-size PDF, click here.

     

    Do you sometimes feel:

    • As if this isn't your government anymore?
    • That your vote just doesn't count?
    • That your voice isn't heard?
    • That big money and lobbyists really control the government?

     

    You are not alone!

    Don't give up! Join us.

     

    Common Cause has been working on those very issues, and a lot more, for over thirty years.

    Help us restore open, honest, and accountable government.

     

    We work for Pennsylvanians
    Common Cause/Pennsylvania is a non-profit, non-partisan citizens' lobby organization. We believe that by banding together, citizens can make a difference. We throw a spotlight on issues that affect all Pennsylvanians. We work to strengthen public participation and to ensure that the political process serve the public interest, rather than the special interest. 

     

    Contact Common Cause/Pennsylvania Executive Director Barry Kauffman at ccpa@dejazzd.com or (717) 232-9951.