Suit respects state constitution

As the “lead plaintiff” in the pending lawsuit against Democratic leadership in the Maine Legislature, I’m sorry I wasn’t contacted for either the original BDN article or Saturday’s column. I’m sorry the column trivialized this very sad session in such a manner. Perhaps the following will provide additional insight into the situation.

While the majority rules in American politics; it is expected to rule with prudence, respectfully, and with integrity. It is clear that the president, speaker and governor had every opportunity to negotiate, in good faith, a budget with the minority members, which could have become law immediately. However, the price to be paid at that time would have included good faith negotiations with minority Republicans. After all, there are 17 of us in the Senate compared to 18 Democrats. Pretty darn close numbers if you’re counting noses. But no, a one-party, simple majority budget was rushed through like a cattle stampede after a lightening strike on the open range.

The fact of the matter is that no General Fund money will be touched by these payments. No money headed for brain injury patients, highway repairs, or elder respite care is at any risk. All funds will be paid from the legislator’s very own, and very special, funds. Yes, that’ll be the same funds that were increased by a mere $4 million last session. These are the funds that pay $100,000 librarians, $117,000 clerks and secretaries, $109,000 nuclear waste advisors and $97,000 to assistant secretaries. To his professional credit, Mr. Boulter has stated that he’s already set money aside for this settlement … a fiscally sound and fiduciary precaution on his part.

Since a majority of states have passed millions in savings back to their constituents, how can stiff-arming the Maine taxpayer over OPEGA by the Senate President be tolerated in the same breath as your statement that “Republicans demand more spending while Democrats call for fiscal restraint”? Did you really mean to say “Democrats” and “fiscal restraint” in the same sentence? Even with a majority, Democrats couldn’t reach agreement among themselves over reasonable tax reform when faced with two citizen referenda this year.

Just who will be the ultimate beneficiaries of this settlement money? While some have indicated that “charities” will receive their funds; I prefer a more poignant recipient. My check will be split between agencies whose own budgets were cut by the state budget that was rammed down our throats in January … Rev. Bob Carlson at Penobscot Health Association and Dr. Joyce Hedlund at Eastern Maine Community College. Hopefully, each and every legislator receiving these payments will do likewise.

Your column suggested, “…moderate politicians tend to do well.” Certainly, Margaret Chase Smith was not considered a “moderate” by Sen. McCarthy; or William Cohen by Richard Nixon. It is a sorry day when majority leadership can’t generate sufficient respect for their treatment of members of the minority to avoid such drastic actions. It would be even more tragic if we merely sat back and took such abuse without fighting against heavy-handed and “crippling” tactics.

All legislators swore an oath to uphold Maine’s constitution and that is what this lawsuit is about … and Attorney General, Steve Rowe, has agreed.

Perhaps Henry David Thoreau hit the nail on the head with his observation that, “Men are destined to live quiet lives of desperation.” In my case … I just don’t plan on remaining very quite. The people who elected me expect nothing less!

W. Tom Sawyer Jr. of Bangor is a state senator representing parts of Penobscot County.