When I ran for office nearly ten years ago, I campaigned against the fact that my predecessor was leaving his part-time commission position with a lifetime pension that would cost tax payers for years to come. That commissioner and his counterparts eliminated that lifetime pension for all future commissioners, but not for themselves.
This past week, the Miami City Commission voted to revive the long dead EORT (Elected Officers Retirement Trust) giving themselves and future commissioners that same lifetime pension and more. Should they have done it and how do you feel about it? Well, no one cares, because voters won’t have a say. Or will they?
There is a strong argument against elected officials giving themselves a bunch of money. The Miami City Charter, county code, and state statutes all reference a code of ethics and conflicts of interest. All of those governing documents agree that elected officials should abstain from any vote that will benefit themselves. No ethics opinion was sought prior to taking last week’s vote.
There is an argument that proper compensation encourages better quality candidates and discourages corruption. But who is to say what is proper? Well, the salary of Miami’s elected officials is dictated in the charter, and the charter can only be changed by a vote of the public.
It therefore makes sense that the financial benefits package, like the salary, be decided by voters in an amendment to the charter. This can be done by a petition of the electorate or by a ballot question placed by resolution of the commission.
Since pigs will fly before residents gather signatures to give more of their money to elected officials, the latter is the only path. It will then be up to the beneficiaries of such a charter change (elected officials) to convince voters of the merits of their ask.
If they have been good stewards of the public purse and have shown the fruits of their hard labor in task of good government, voters will reward them and future elected officials with an incentive — an incentive to run for office, do a great job, get re-elected, and earn that pension.
Despite last week’s vote, voters may have a chance to voice their opinion at the ballot box in another way. Miami District 1 Commissioner Miguel Gabela who co-sponsored the pension legislation and voted for its passage may have buyer’s remorse. He told the Miami Herald that he would like to reconsider the item and send it to voters.
Apparently, he underestimated the public outcry to last week’s vote.
This mechanism can be triggered by a majority vote of the commission at this Thursday’s meeting. A motion to reconsider the item would put it back on the table for amendments or even a “no” vote.
Theoretically, that majority exists as two other commissioners already voted against it. Gabela could be joined by Pardo and Reyes to reconsider and kill the item, making way for a pair of resolutions directing the city attorney to draft ballot language and put it to voters at the next general election.
The mayor could also veto the legislation to the same effect.
Voters could also be heard by suing the city for violating its charter. Hell, I could sue the city for wording the legislation so poorly.
In one sentence, it states, “Elected Officers in office on or after October 1, 2021 shall be eligible for a Retirement Benefit…” (that would include me).
Two sentences later, it states, “Elected Officers elected to office after October 1, 2021 shall be entitled to the benefit…” (that would not include me). I was elected in 2015 and served through 2022.
Much to the dismay of my wife, I did not want a lifetime pension when I ran for office. I did not want a lifetime pension when I was pressured to bring back this same legislation that passed last week. And I do not want a lifetime pension now. I received a generous 401k during my time at the city and I maintain and grow that investment today.
I was elected twice to serve my community and now I am back to my normal life. I believe that’s what public service was meant to be — some time away from your normal life, in service of your community.
But I’m curious what voters believe. Let’s find out, shall we?
(Coconut Grove resident Ken Russell served as the Miami District 2 Commissioner from 2015 to 2022).