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Breaking budget could mean prison for RI officials
By RAY HENRY,Associated Press Writer AP - Wednesday, May 6
PROVIDENCE, R.I. - Hand-wringing, not handcuffs, normally awaits public servants who blow their budgets and need more cash.
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But a Rhode Island legislator now wants to make it a misdemeanor for officials to knowingly overspend their budgets, in what would apparently be a first among states.
Violators would be punished with up to a year in prison and a $1,000 fine, rather than simply face workplace punishment. A House committee plans to debate the bill Wednesday.
"It's obviously a deterrent," said Rep. Stephen Ucci, a Democrat from Johnston who is sponsoring the bill. "It's to drive accountability."
While Ucci argues criminalizing bad budgeting will encourage thriftiness, critics deride it as unenforceable hypocrisy from the same lawmakers responsible for creating late-night, math-defying spending plans in the first place.
Rhode Island's budget was dragged deep into the red not only by overspending, but also by a plummeting housing market, a 10.5 percent unemployment rate and a credit crisis hammering its small businesses.
Trying to close the shortfall, Gov. Don Carcieri and lawmakers raised cigarette taxes and slashed funding for cities and towns, which could result in layoffs for police officers, teachers and firefighters.
Ucci's proposal was modeled on a federal act allowing for the discipline or prosecution of wayward spenders in the U.S. government. Nearly two dozen violations were reported in the last fiscal year, and one resulted in criminal charges, according to an annual report by the U.S. Government Accountability Office.
Scott Pattison, executive director of the National Association of State Budget Officers, said his organization was unaware of similar laws in other states.
Ucci said his legislation, which has been introduced before, is a work in progress and may need more protections for emergency spending, such as on cleanup for a chemical spill or medicine to stem a disease outbreak.
"There's always unforeseen circumstances," said Kerry King, executive counsel for the governor, who opposes the bill.
It remains unclear who in Rhode Island could be targeted if Ucci's bill passes. For example, the Department of Children, Youth and Families spent too much on overtime for staffers assigned to run a detention facility for juvenile offenders this year. The problem occurred when a new detention center failed to open on time.
Would prosecutors go after agency Director Patricia Martinez? Her deputy in charge of the training school? What about the bureaucrat who approved the payroll checks?
A spokesman for Attorney General Patrick Lynch did not return a message seeking comment on the proposal.
An existing statute already provides for the suspension, firing and fining of state employees who deliberately exceed their budgets. Public servants who steal money can also be prosecuted for theft, embezzlement or public corruption charges.
"This is just political grandstanding," said David Zlotnick, a former federal prosecutor in Washington and associate dean of academic affairs at the Roger Williams University School of Law in Bristol.
"And quite honestly, given the way the Legislature spends money and the lack of transparency in their budget," he said, "I think this is really a case of don't throw stones if your own house is made of cardboard."
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