| ► Houston Chronicle – 08/24/10 - Ellis sez Austin living: doesn’t want to be ‘miserable’ away from family |
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Houston Chronicle – 08/24/10 - Ellis sez Austin living: doesn’t want to be ‘miserable’ away from family By: Gary Scharrer
August 24, 2010
Many Texas lawmakers routinely dip into their campaign funds to pay for Austin-related living expenses, such as apartment rent and associated costs.
Dave Palmer, who calls himself "The Watchdawg," filed a complaint last week with the Travis County district attorney and others, contending it's wrong for legislators to take the $168 a day per diem from taxpayers designed to cover Austin living expenses while actually paying their apartment rent with campaign money.
Veteran state Sen. Rodney Ellis, D-Houston, doesn't want to be painted with the same broad brush. Ellis says his accountants take a conservative approach and allow him only to use his campaign funds to pay his Austin apartment rent when the Legislature is not in session.
Other lawmakers take a different approach. Rep. Beverly Woolley, R-Houston, for example, used campaign funds last year to pay her $2,200-a-month Austin apartment - whether the Legislature was in session or not.
Lawmakers draw automatic per diem (about $4,700 a month) only when they are in session. At other times, legislators have to file for per diem pay to which they are entitled when they return to the Capitol for interim committee hearings or related state business.
Ellis has claimed 21 days of per diem for the first seven months of 2010, according to Secretary of the Senate Patsy Spaw. As a committee chair, Ellis was entitled to 112 days. He never comes close to maxing out his per diem pay when the Legislature is not in session. He could have received up to $16,128 in per diem last year during the six months the Legislature was not in session. He received $2,033, according to Senate records.
In 2008, he could have received up to $26,688 - but he only collected $834. Throughout his 20 years in the Legislature, Ellis has never filed for per diem unless he spent the night in Austin. Legislators are entitled to per diem if they come in for a day meeting and leave town the same day. Taxes, however, will be withheld for per diem pay not associated with an overnight stay, the secretary of the Senate says.
"I was too dumb to know," Ellis sheepishly says about not applying for per diem unless he spent the night in Austin. "I thought you only get the per diem if you spent the night."
Spaw set him straight this week.
But Ellis emphasizes that he does not spend campaign money for his Austin apartment unless the Legislature is in session. A check of his campaign fund records indicates that is largely correct - except for two stray payments over the years.
Ellis says the per diem doesn't totally cover his Austin living expenses.
"I assure you, I don't live as comfortable in Austin as I live at home," Ellis says, adding that legislators have to keep computers and buy internet service for both their home residence and their Austin place.
"I have art in (the apartment). I have furniture in there. I've got sheets. I've got pillows," he says. "I guess if I was a Spartan, I wouldn't need all of that. I have some pretty nice art that reminds me of my ancestors in my apartment.
"You really are living in two cities for a job that pays $600 a month that we all love," Ellis says. "But I don't want to be miserable being away from my family."
Palmer's initial complaint involves most of the 49 legislators who represent Houston or San Antonio. He plans to expand the list in coming weeks to include members from other parts of Texas.
Palmer is a disabled army veteran who has spent much of the past 18 years examining financial records of public officials in California, Texas, Ohio, New Jersey, New York and Louisiana and several other states.
In the past, he has filed complaints against Sen. John Whitmire, D-Houston, for using campaign money to buy season tickets for the Houston Astros and Houston Rockets. Palmer also has filed a complaint in the past against Sen. Jeff Wentworth, R-San Antonio, for using campaign funds to pay for his Bohemian Grove get-aways.
Palmer says he spends up to 10 hours a day looking at public records.
"It's David v. Goliath, so to speak," he says. But Ellis thinks the California-based watchdog is more about "dogging people than watching them."
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