Shimkus per diem use totals $29,700

HARRISBURG — After running as a reformer in 2006, state Rep. Frank Andrews Shimkus has taken broad advantage of daily expense reimbursements during his first term.

The $152-a-day payments, called per diems, are earnings on top of a state lawmaker’s annual salary of $76,173. The purpose is to reimburse lawmakers for lodging, meals and other expenses incurred being away from home at the Capitol or attending a committee meeting in other parts of the state.

Mr. Shimkus, D-113, collected $29,700 by claiming 214 per diems from March 1, 2007, to June 30, 2008, according to records in the House chief clerk’s office.

About one-third of Mr. Shimkus’ per diems were claimed on days the House was not in session — many on Sundays. This is allowed under House rules, but it raises questions about how much work he was doing to earn them.

Overall, Mr. Shimkus took as many per diems as former Scranton Rep. Fred Belardi, then a member of the House Democratic leadership, did during 2005 and the first half of 2006 in the prior legislative session.

Per diems were used as an issue against many incumbents in the 2006 election. The controversy over the abortive legislative pay raise put a spotlight on the cost of operating the General Assembly.

Mr. Shimkus justified the payments by saying they reflect his hard work on behalf of constituents and desire to master a new job.

Gene Stilp, an activist in the legislative reform movement, suggests Mr. Shimkus took unnecessary per diems, especially on Sundays.

Mr. Shimkus garnered considerably more per diems than his colleagues in Lackawanna County’s House delegation during the same period. Two veteran lawmakers, Reps. Jim Wansacz, D-114, and Ed Staback, D-115, collected 183 per diems and 178 per diems respectively, according to House records. Freshman Rep. Ken Smith, D-112, collected 147 per diems.

Nonsession payments

Lawmakers can claim per diems for voting and nonvoting session days, committee days, the day following the last weekday of a session (often a Thursday) and overnight stays. Lawmakers must provide proof of an overnight stay if they collect a per diem in the last category. But not all lawmakers claim the full number they are allowed. Many have reined in per diem use, especially if they represent constituencies where expenses are an issue.

The House was in session 76 days last year when votes were taken. There were added voting days because of a three-week budget stalemate in July 2007, as well as some session days when no votes were taken.

An examination of records indicates Mr. Shimkus collected 74 per diems in the 15-month period for nonsession days. Of that category, 27 per diems were for Sundays. Mr. Shimkus said he drove to Harrisburg to stay overnight so that on Monday morning he could participate in various meetings and contact individuals about legislation with which he was involved.

The typical collectors of Sunday per diems are lawmakers who live in western Pennsylvania and face a four- to five-hour drive to the Capitol, Mr. Stilp said.

“He (Mr. Shimkus) is 120 miles away from Harrisburg,” he added. “Monday the session doesn’t start until 1 p.m. Nothing goes on Sunday at all in Harrisburg.”

Mr. Shimkus collected nonsession per diems Dec. 26 and Dec. 27, during the traditionally quiet post-Christmas lull at the Capitol.

Mr. Shimkus collected 23 per diems for attending committee meetings on days when the Legislature wasn’t in session. He sits on five committees: Aging and Older Adult Services; Children and Youth; Education, Health and Human Services; and Labor Relations. These committees met often as House Democrats wielded majority control for the first time in 12 years and advanced their agenda.

The per diem issue already surfaced in the high-profile race between Mr. Shimkus, a Democrat running for re-election on the Republican ballot, and his Democratic ballot challenger Kevin Murphy.

Mr. Murphy suggested Mr. Shimkus collected nearly $2,000 in per diems for 13 days in December and January when he might not have been in Harrisburg. Mr. Murphy bases the claim on testimony Mr. Shimkus gave during a court hearing earlier this year about his legal residence. Mr. Shimkus’ attorney provided documentation showing Mr. Murphy had the wrong dates for Mr. Shimkus’ three-day hospital stay after a fall that led to a concussion and later, a six-day stay at a retreat focusing on family issues.

Shimkus says he earned it

Mr. Shimkus said unapologetically he took every opportunity to be in Harrisburg, whether it was to serve as presiding officer on a token session day, meet with individuals concerning bills he sponsored or co-sponsored or work on constituent matters.

“I just plunged myself into Harrisburg,” he added. “I never did anything just to get a per diem.”

He said per diems are justified because it’s expensive to stay in Harrisburg.

Before he was elected, Mr. Shimkus spoke more skeptically about per diems.

“They’re never ghosts when they are here to pick up their per diems,” Mr. Shimkus said in a 2006 candidates debate, referring to the practice of lawmakers “ghost” voting on roll calls.

This change of view brought scorn from a legislative reformer.

“The reform class has been a bust, and Frank Shimkus symbolizes its broken promises and shattered dreams,” Eric Epstein, coordinator of RocktheCapitol.org, said. “There is no connection between increased compensation and better legislation.”

In keeping with the reform spirit, a handful of lawmakers post their legislative expenses, including per diems, on their official Web sites so the public can review them.

Rep. Eugene DePasquale, D-95, which includes parts of York County, led the way after rule changes made it easier to obtain copies of records electronically. He said he took just three per diems this session for attending committee meetings outside the Capitol.

Rep. Jim Marshall, R-14, posted his expenses after a reporter asked him if he would do so.

He said it offers transparency and strikes a positive chord with constituents. Mr. Marshall won his Beaver County district in 2006 by defeating Rep. Michael Veon, a legislative leader saddled with the pay raise controversy.

Mr. Marshall collects some Sunday per diems when he has a Monday morning meeting in Harrisburg. He said he makes the four-hour drive home at the end of the week’s session no matter what the hour.

“At the end of the day, you have to do what your constituents expect of you,” added Mr. Marshall.