Hon. Albert T. Chie
President Pro tempore & Honorable Members (IN PLENARY) Liberian Senate
Dear Hon. President Pro tempore and Members:
Profound Compliments!
Consistent with my Terms of Reference (ToR) as head of the Legislative Information Service, I write to proffer some pieces of advice in relation to the ‘Five Thousand (5k) Maximum’ (draft) ACT submitted by Montserrado County Senator, Abraham Dairus Dillon. As you may be aware, the LIS was established in 2011 bringing together four departments (Senate Research, House Research, Library and Archives) for the purpose of, among several tasks, providing legislative and other critical advises to individual member, committee and plenary. In respect to this, we have been regular in executing this aspect of our ToR via written communications over the years submitted mainly to the House Speaker, President Pro temp and the Chairpersons on Ways and Means and Rules, Order and Administration of both Houses at various intervals. In addition to hand delivery of written communications, my Office has provided legislative advises through email circulars. One of such notable set of advises from the LIS has been contained in a proposed reform document submitted in 2015 and resubmitted to the 54th Legislature through the Offices of the current Speaker and President Pro temp.
In continuation of our legislative advisory role, I write to advise Members of the Senate to garner and harness the fortitude and ‘sacrifice for country’ attitude to pass into law the 5k Bill submitted but with some adjustments or additions clearly expressed in this communication.
Honorable Pro temp and Members, the (draft) Act like any other, embeds in it, the pros and cons, somewhat positives and negatives. From our lenses, the positives and benefits associated with the bill in question far outweigh the drawback(s). The bill if enacted will accrue national and institutional benefits of significance. I am refraining from the debate appertaining to whether it should originate in the House of Representatives or not. I am refraining due to what I have heard from lawmakers in the media.
The proponent of the bill, Sen. Dillon was heard on radio intimating that the instrument is not a financial one therefore can originate in the Senate; on the other hand, some lawmakers notably Rep. Gray has averred on radio that it is a financial bill and as such must originate in the House consistent with Article 34 of the 1986 Constitution. This is for the debate of the Senate. Once that glitch is resolved and the bill is eventually considered formally tabled for deliberations, the below points do strongly inform my decision why passage is beneficial. Here are the anticipated national and institutional benefits:
National Benefits:
- Firstly, the bill satisfies a provision as enshrined in Article 36 of the 1986 Constitution. It states: “The Senators and Representatives shall receive from the Republic remuneration for their services to be fixed by law, provided that any increase shall become effective at the beginning of the next fiscal year”. There is an argument that the fixed remuneration as stated herein is annually captured in the national budget which is law. The 5k bill however sets the stage for critical reform from fixed remuneration in the generalized budget law to a specific and appropriate legislation. There is a phrase in Article 5 (c) of the Constitution that says “appropriate legislation”. If there is appropriate (specific) legislation then one will surmise there is superficial/general legislation. An exclusively tabled bill is considered appropriate (draft) legislation for fixed remuneration by law. The bill also addresses the second part of Article 36 which states: “provided that any increase shall become effective at the beginning of the next fiscal year” by discouraging current and future Members of the Legislature from effecting increase during times such as recast budget deliberations, if any has been as citizens in some quarters have been vehemently voicing out. To put an end to one’s words against another on this, a specifically appropriate (draft) Act is necessary.
- The bill is viewed as a “redemptive” instrument. For too long, some constituents of the lawmakers have stomached an uncompromising position and mindset about lawmakers, that they are “selfish and greedy”. These citizens unleash despicable adjectives on legislators. Lawmakers in this country are viewed as the worst batch of public servants in Liberia. If such bill is passed it will serve as the commencing point of you Honorable lawmakers redeeming your character and personality from incessant verbal insults. It will now be known that Members who all along have been branded selfish and greedy are now taking bare minimum of 5k from between 12-15k. The enviable prestige and persona of some lawmakers, if not all, would have been redeemed to a large extent, moving forward.
- The bill unlike other bills such as those like community colleges, administrative districts and cities in the last thirteen (13) years conceived, drafted or sponsored by lawmakers for passage drew from the already plummeted coffers with additional employees to the already over-bloated employment base. In contrast, the 5k Maximum Bill saves fund for more critical use for the direct benefits of the people under the democratic “greatest good for the greatest number” principle.
- Most Liberians have publicly uttered that some of their compatriots seeking election every year see and consider the Legislature as a place to amass wealth. This keeps lingering on the minds of most Liberians as usually expressed on public media outlets. They argue that it appears nowadays that one of the places to obtain (4G speed) wealth is the Legislature. As a result, when a vacancy for a representative or senate is announced, nearly two dozen candidates apply to contest. They ask if many of them really contest for people-centered service delivery or the “hefty” remuneration. It is question or concern of such the bill if enacted will address. While all Liberians have the right to contest, if passed into law, the bill will be signaling that the Legislature will no longer be the place to obtain wealth. The new mindset will then be when one wants to become wealthy, will land him/herself in the private sector.
- Also, after passage, the Legislature can now help the presidency graduate from relying on ‘executive orders’ in streamlining personnel of the Executives’ remuneration. When all are brought to bare minimum, the general message would then be that public sector is NOT the place to obtain quick wealth as conceived by some citizens. When enacted, the anti- corruption institutions (in good moral and public standing) must be FULLY supported and funded to address the commonly held “where you put goat is where it eats” mentality, owing to what some may consider as unimpressive remuneration henceforth.
- Another positive aspect of the bill is that it will henceforth challenge members further to uncompromisingly engage the Executive for prioritization of meaningful targeted development initiatives in their districts and counties. Said engagements will heighten and intensify as members may no longer have that “surplus” money their constituents in vexing manner outburst about usually. As a consequence, members desirous of re-election will sternly hold the ‘spender of the budget’, the Executive’s feet to the expenditure fire. The public will then begin to appreciate majority lawmakers not prepared to risk their re- election in favor of accepting nearly everything the Executive says or does.
- The bill would serve as an add-on or impetus in assisting government commencing the planning and harnessing of its post-COVID economic life, once enacted for the Legislature and similarly for the Executive afterwards. As the economy is being seriously challenged or declining as most Liberians continue to express on public outlets, the bill is crucial especially when great and wealthy nations that gave us hand-outs are now themselves planning for their post-COVID economic era.
- Last but not the least, the submission of the bill, initiating the drifting away from fixed remuneration being captured in the national budget to exclusive-appropriate bill, satisfies a mandate contained in Article 6 of the Constitution. The provision says “Emphasis shall be placed on the mass education of the Liberian people and the elimination of illiteracy”. In this context, mass education through exclusive budget hearings on fixed remuneration will eliminate citizens’ lack of knowledge, information and education (illiteracy) on what their lawmakers earn.
Institutional Benefits:
The Legislature has been confronted with serious administrative and technical challenges over the years. This is largely due to the refusal to make budgetary appropriations for its modernization program. It can be recalled that the 52nd Legislature in 2007 received a total of $75,000.00 from the African Capacity Building Foundation (ACBF) and the United Nations Development Program (UNDP) for the crafting of a modernization plan. The Legislature by then made no financial contribution to its own planning processes. After two years, the planning component ended. The Legislature approved and adopted the Plan in September of 2009. Implementation of the Plan began in 2010. Unfortunately, the Liberian Legislature since 2010 is yet to budget a dime for its Joint Committee for implementation of the plan. The few actions implemented thus far have been funded by international partners. The partners became sponsorship weary due to apparent refusal of the Legislature to budget for its programs.
Due to the lack of direct funding for the Legislature’s own projects, execution of several modernization activities have been elusive. As consequence of actions or inactions, the first branch of Government is yet to be digitized in the last 13 years. Website is lacking; no regular, effective and uninterrupted internet services among many others. Since 2006 the Legislature is yet to operate an effective and uninterrupted electronic voting system, although all these are captured in the Plan.
Honorable Pro temp and Members, considering the enormous administrative, technical, modernization and reform challenges dogging the Legislature, we further advise on the followings for institutional growth and enhancement:
That the Liberian Senate find wisdom in endorsing the 5k Maximum Bill;
That certain portion (1-5%) of the total slashed amount be annually apportioned directly to the Legislature’s Joint Modernization Committee for FULL implementation of the body’s modernization programs notably, those people-centered activities such as electronic voting system, digitization and staff professionalization.
Honorable Pro temp and Members of the Senate, the bill frankly has its own drawbacks. One major drawback is that Members of the 54th Legislature will no longer have that “sufficient” fund to perform acts of political and humanitarian generosity directly to their constituents; something however, the collective cut and savings will attempt to address with prudent spending discipline.
The Legislative Information Service, Honorable Members, through the Office of its Director believes firmly that the 5k Maximum Bill, when enacted will accrue huge benefits for the State and this very Legislature. Therefore, the bill must not be trashed. Even if majority Members of the Senate hold that the (draft) Act is financial in nature, the relevant Committee of the Senate must do a transmittal to the House under a House Member’s Sponsorship or the most appropriate step taken but not to have it trashed.
Distinguished Pro temp and Members, were the 54th Legislature to endorse this bill, each member could be viewed as agent of, and the collective body the face of contemporary critical legislative tailored reform; hence, heroes/heroines!
This is because you Members would have introduced and ushered in a new generational mindset disabusing and debunking the thought that lawmakers are “selfish and greedy” as long perceived by your constituents; also, that the Legislature and public sector no longer be widely seen as a place for quick wealth accumulation – a significant shift in paradigm! What an indelible legacy that would be!
Honorable Members, former President Sirleaf’s famous or infamous (depending where one sits) assertion “I did not give them; they took it” uttered in the United States remains fresh on the minds of Liberians. That statement suggested that an exclusive and appropriate (draft) legislation must have been enacted so as to graduate from the “hidden” (as claimed by some citizens) nature of the fixed remuneration in the national budget. One wonders, had any of the then opposition lawmakers mainly from the Congress for Democratic Change (CDC) and Liberty Party (LP) submitted similar exclusive (draft) Act for fixed remuneration, with thorough public debate, subsequently passed by the legislators themselves and signed into law by President Sirleaf, could she had worn such tenacious courage to tell her international audience and the people of Liberia that the lawmakers “took it” – insinuating that your Honorable Colleagues then were paying themselves massively void of “appropriate legislation” in a country of shrinking economy? I say a resounding no.
Given the unmatched actualization of ‘sacrifice for country’, underpinned by your effrontery, temerity, tenacity and audacious passage into law of the 5k Bill, the State should deem it appropriate to bestow upon you Honorable Men and Women of the 54th Legislature individually and collectively, one of the country’s highest honors if not its highest.
In conclusion, let me spotlight one major concern in the public arising from the bill. It is the issue distance county lawmakers. That is, lawmakers from counties further from Montserrado and those residing in this county must not all receive the same. To this end, the LIS is suggesting possible consideration of one of few options: that lawmakers in Montserrado get $5,000; those from counties nearby Montserrado get $5,500.00 while lawmakers from the farthest distances like the South East receive $6,000.00. OR, all receive maximum $6,000.00; better still maintain the $5,000.00 as proposed.
In the spirit of genuinely and critically reforming to transform the Motherland for ours and generations to come, I remain.
Respectfully,
B. McCarthy Weh, II Director, LIS