| ► Columbus Dispatch – 03/15/01 Legislator says double-dipping Bill has clear sailing |
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Columbus Dispatch – 03/15/01 Legislator says double-dipping Bill has clear sailing Kevin Mayhood – Dispatch Staff Reporter
The window of opportunity may be closing for elected officials to receive a salary at the same time they're getting full retirement benefits.
House Bill 84, which would prohibit elected officials from "retiring" only to return to their jobs and collect both checks, had no opposition yesterday at a legislative hearing.
"It seems like the bill has clear sailing to enactment," Schuring said.
Such double-dipping, "at a minimum, has the appearance of impropriety, " said Rep. Timothy J. Rendell, R-Chesterland, who testified at the hearing.
The loophole has been available to any elected official, but the legislative discussion so far has focused only on six common pleas and appellate judges.
Those judges--none of whom are from central Ohio--informed the Public Employee Retirement System that they were retiring before the year was out. They then took their seats on the bench when their new terms began this year.
They will receive more than $100,00 in salary and $70,000 in pension benefits each year they continue to work. Taxpayers pay the salary and part of the retirement.
Such double-dipping was prohibited in 1996, but a bill that became law last September voided the prohibition in an effort to streamline retirement rules for all public employees.
"Voters voted for the judges expecting they would continue in their position, and they turn around, retire and take their full pension benefits and salary for the office," Rendell said.
He said the judges did not disclose their plans when they ran for re-election, leaving the public feeling mislead.
The double-dipping practice apparently does not violate the rules requiring lawyers and judges to avoid the appearance of impropriety, Rendell said.
"I've had discussions across the street (with the Ohio Supreme Court) and they say 'no,'" he said.
"I find the conduct of elected officials--and judges especially--who sat back and saw this little loophole and now enrich themselves at taxpayer expense, is more than unethical," said David Palmer, executive director of a grass-roots group, Committee to Expose Dishonest and Incompetent Attorneys and Judges.
Palmer of Powell told the committee it also needs to look at how visiting judges are paid. Visiting judges are retired judges appointed by Ohio Supreme Court Chief Justice Thomas Moyer to help out courts in counties throughout the state.
Visiting judges are paid a daily stipend of $414. If they receive their pension at the same time, they may end up being paid more than a sitting judge, Palmer said.
House Bill 84, written by Rep. Jean Schmidt, R-Loveland, is written as an "emergency" measure. That would allow the bill to become law before the next election.
It would not affect judges already receiving the pensions and salaries.The bill does not prohibit public employees or elected officials from retiring from one job and taking another public job. An example is Richard J. Metcalf, who had been a Franklin County probate judge for 25 years when he retired in 1991 and was elected the following year as county recorder.
Metcalf received a pension as probate judge while he was being paid as recorder. He left the recorder position late last year.
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