Legislation to cut costs, not services

The June 29-30 Bangor Daily News editorial titled “Before the panic” was crisply honest in its challenge to legislators to “bring out their productivity plans and their ideas for merging agencies” in dealing with the coming storm of budget shortfalls estimated at $650-$750 million in the next biennium. I accept the challenge and make two of my own.

First, as reported and followed closely by the BDN, the 120th Maine Legislature passed LD 2193, An Act to Create the Office of Program Evaluation and Government Accountability (OPEGA). This promising new legislation creates two new entities, a non-partisan Legislative Oversight Committee, and a team of professional evaluators specializing in program evaluation including performance audits, management analysis, efficiency, and effectiveness of programs. This new OPEGA office acts under the direction of the legislative oversight committee and can be directed to review any entity receiving public dollars.

Passage of LD 2193 was no small task. Members of leadership in both the Republican and Democratic caucuses gave me little hope that the state and local committee could produce such a controversial new office in a short second session, but in an unprecedented act of good faith, Democrats and Republicans on this committee joined with Sen. Youngblood, Rep. Dunlap and myself, for two months, to produce an independent, potentially effective new accountability program. With the blessing of Gov. King and seed money from the Appropriations Committee, OPEGA is now law.

The snapshot of OPEGA’s potential can be seen in the other 44 states that have a similar office. According to the National Conference of State Legislatures, a non-partisan group representing legislators in every state, in 2000-2001 the Texas Sunset Advisory Committee evaluated 25 state agencies leading to the abolishment of two state agencies and $6.7 million in adopted savings. In South Carolina, 109 recommendations totaling $43 million, and Florida, $270 million.

As well as LD 2193 was accepted by rank and file legislators, it received less than a warm reception from Senate Democratic leadership. In a heated and somewhat dramatic and long Senate debate, leadership failed to derail LD 2193 and their objections went down to defeat 31-4. This opposition from Senate Democrats is an omen of what any new governor or legislature can expect. That leads up to my first challenge directed at this newspaper. Your initial support and loyal following of this new office was a major force in defeating several attempts to kill or water down the new office; including, several attempts to return failed oversight programs of the past that were nothing more than a rubber stamp for the status quo. Your willingness to go beyond the one-line catch phrases and eye catching titles, and to actually learn and understand the idea behind OPEGA, gave this new office the legs it needed to stand. This effort and faith must continue to insure the intent to make this new office independent and as free of the powerful influences of politics is realized. That includes asking the tough questions of all candidates, including gubernatorial, on their position in reference to OPEGA.

Anyone who has had the opportunity to learn the inner workings of the political process, know full well the power and influence that can be brought to bear on a so-called non-partisan office. The most effective deterrent to this influence is knowledge and truth. The press must be the check and balance for this office to be protected and effective.

My second challenge is to the gubernatorial candidates. First, the only opposition to OPEGA, though formidable, was from Senate Democratic leadership. Will you, if elected governor, stand up for what is right, as many rank and file legislators did, and say no to watering down or eliminating OPEGA? Second, will you commit more than the present seed money currently appropriated for this office? Because without each of these commitments from a new governor, OPEGA is doomed.

The weekend BDN editorial stated, “Maine doesn’t need suggestions of across the board cuts or across the board tax increases. It has eight or nine months to put together a thoughtful, incremental package of changes.” Up until last year, this state has had no choice but to do just that. With the passage of LD 2193, we have the potential for responsible, well thought out, and fact based cuts to government that have the potential to reduce program costs, without effecting the services received by the public.

When the Legislature convenes for special session, I will suggest to leadership in both parties that they change the implementation date for OPEGA, from April 1, instead begin the program immediately. I will ask for a special meeting of the rules committee to establish the non-partisan oversight committee and I will suggest that until OPEGA is fully functional, we do as many states, and begin using the services of the private consulting firms across this nation that specialize in program evaluation to begin looking at programs like Medicaid and DHS. If the Legislature has the will to begin the process immediately, I believe we all could see the results, before we are in crisis.

Rep. David Trahan is a Republican state representative from Waldoboro.