http://www.gazette.net/stories/062008/polinew211357_32364.shtml

GOP blasts O'Malley on Cabinet salaries

Republicans call for a permanent secretary of state, saying current pay is circumventing salary law

Sean R. Sedam | Gazette Staff Writer

June 20, 2008

Alleging cronyism, House Republican leaders are calling on Martin O'Malley to appoint a secretary of state, saying the governor is paying an interim secretary and his deputy more than state law would allow him to pay a permanent secretary of state.

‘‘The governor again is skirting the law to reward his friends and cronies," House Minority Leader Anthony J. O'Donnell said.

Interim Secretary of State Dennis C. Schnepfe, who was appointed by O'Malley in January 2007, makes $94,608 a year, according to the governor's office. State law dictates that the secretary of state's base salary is to be $78,750. The salary increases to $81,667 in the second year and to $87,500 in the fourth year of a term.

Schnepfe's current salary is a result of his long tenure with state government. During his appointment as the interim secretary, he is permitted under state rules to continue earning his current pay.

If he becomes secretary, then his salary would be reduced.

Republicans say O'Malley is circumventing the law by not making Schnepfe a permanent appointee.

The governor's office denies the allegation.

‘‘The governor will make his appointment at the appropriate time," said Shaun Adamec, an O'Malley spokesman. ‘‘In the meantime, the interim secretary of state is doing a fine job."

Republicans also called O'Malley out for the $89,645 salary of Deputy Secretary State Brian R. Moe, a former Democratic delegate from Laurel.

‘‘They both exceed what we said no to for the secretary of state, and they exceed for the deputy secretary what the law is for secretary of state," said Del. Michael D. Smigiel Sr. (R-Dist. 36) of Elkton.

In 2006, the General Assembly considered a bill based on recommendations from the Governor's Salary Commission to increase the secretary of state's salary to $90,417 in the first year and $99,167 in the fourth year of a term, along with salary increases for the attorney general, comptroller and treasurer.

The bill died in House and Senate committees.

Adamec denied that Schnepfe's interim status is motivated by favoritism, saying that Schnepfe served as administrator of the Division of State Documents under Gov. Robert L. Ehrlich Jr. (R). Schnepfe continues to serve in that role.

‘‘It's not like a political ringer has been brought in here," Adamec said.

Mary D. Kane said that Schnepfe made more than she did when she served as secretary of state under Ehrlich.

When she left office at the end of the Ehrlich administration, Kane, who had served as secretary for 17 months - the same length of time Schnepfe has served in an interim capacity - made $81,667, according to state statute.

Since Schnepfe's salary is based on decades of service as a state government employee, Kane said ‘‘it wouldn't be good to take that away from him."

Still, she said, she does not understand why Schnepfe, who she called ‘‘a wonderful man," has an interim title.

‘‘It's one of the few Constitutional offices," she said. ‘‘I'm not sure of all the legalities. We were under the impression that it had to be filled at all times."

Under the Maryland Constitution and state statutes, the secretary of state's duties include attesting to the governor's signature on documents; certifying international documents; registering trademarks, service marks and insignia; administering Notary Public laws; processing prisoner extraditions; registering charitable organizations; and representing the state in intergovernmental and international affairs.

For all of this, the secretary of state receives relatively low pay compared to other Cabinet members. The heads of the state's budget, transportation and health departments make more than $162,000 a year. Longtime state schools Superintendent Nancy S. Grasmick makes $195,000 a year.

Several years ago, Del. John S. Arnick (D-Dist. 6) of Dundalk introduced a bill to abolish the secretary of state position.

‘‘I think he just felt that [the job] was being duplicated ...," said Del. Joseph J. ‘‘Sonny" Minnick (D-Dist. 6) of Dundalk. ‘‘He felt that the governor's office could do the same thing."

While there should be a permanent secretary of state, the need to appoint one is not urgent, Minnick said.

‘‘I don't know why he doesn't just appoint [Schnepfe] permanent secretary of state and be done with it," he said.

‘‘Why don't they introduce the legislation to change the salary?" Kane said. ‘‘It's not like they don't have the votes."

The reason, some Republicans say, is the potential backlash.

Smigiel predicted that calling O'Malley on the carpet over the salaries issue would lead to pay raises.

‘‘This will be the impetus for the growth of government again," he said.

That would not sit well with taxpayers, Smigiel said.

Smigiel said the salaries are ‘‘rubbing salt in the wounds" of taxpayers ‘‘when you look out and see how those who are supposed to be taking care of this are being generous with taxes, far in excess of what the law even allows."

‘‘While this may not technically be illegal, it certainly walks a fine line and sends the wrong message to our citizens," O'Donnell (R-Dist. 29C) of Lusby said in a statement.

‘‘Public office is a public trust," said Herbert H. McMillan, president of the Maryland Taxpayers Association and a former Republican delegate. ‘‘You can't credibly claim to have cut spending to the bone while manipulating the system to pay political appointees more than they're entitled to, even as working families struggle to deal with the highest tax increase in Maryland history."

Service, not salary, is foremost in the minds of public servants appointed by the governor, Adamec said, adding that Republicans are ‘‘making an issue that isn't there."

‘‘The salary is one of the last things on the minds of a governor's appointee and certainly one of the last on the governor's mind when he makes an appointment," he said.

Salaries of selected state officials

Governor Martin O'Malley (D) $150,000

Lt. Gov. Anthony G. Brown (D) $125,000

Treasurer Nancy K. Kopp (D) $125,000

Comptroller Peter V.R. Franchot (D) $125,000

Attorney General Douglas F. Gansler (D) $125,000

Schools Superintendent Nancy S. Grasmick $195,000

Secretary of Budget and Management T. Eloise Foster $162,825

Secretary of Health and Mental Hygiene John M. Colmers $162,825

Secretary of Transportation John D. Porcari $162,825

Source: Office of the Comptroller