Governors’ salaries in 2016 range from a low of $70,000 to a high of $190,823 with an average salary of $137,415. Maine Gov. Paul LePage earns the lowest gubernatorial salary at an annual rate of $70,000, followed by Colorado Gov. John Hickenlooper, who earns $90,000 per year. Pennsylvania Gov. Tom Wolf has the highest gubernatorial salary at $190,823, followed by Tennessee Gov. Bill Haslam’s salary of $187,500 per year, although Haslam returns his salary to the state. Governors in four states—Alabama, Florida, Illinois and Tennessee—do not accept a paycheck or return all or nearly all of their salaries to the state. 

In McDonnell v. United States the Supreme Court unanimously reversed former Virginia Governor Robert McDonnell’s bribery conviction. The Court held that setting up meetings, calling other public officials, and hosting events do not alone qualify as “official acts.”

While in office McDonnell accepted more than $175,000 in loans, gifts, and other benefits from Jonnie Williams. Williams wanted a Virginia state university to test a dietary supplement, Anatabloc, his company, Star Scientific, had developed.

Federal bribery statutes make it a crime for public officials to “receive or accept anything of value” in exchange for being “influenced in the performance of any official act.”

How much will the increasing capacity of states to gather and manipulate large quantities of data help improve the use of performance measurement to make decisions? The possibilities are exciting and just begin with: an increased capacity to disaggregate performance measures, which helps attract public attention; better validation of performance measures and the capacity to make more use of information about the value-added aspects of programs.

Chapter 8 of the 2016 Book of the States contains the following articles and tables:

The Supreme Court issued a 4-4 ruling in Dollar General Corporation v. Mississippi Band of Choctaw Indians. The Court’s decision leaves in place the Fifth Circuit’s ruling that in some instances nonmembers of Indian tribes (including state and local governments) can be sued in tribal court (as opposed to state or federal court) for tort (civil wrongdoing) claims.

John Doe, a thirteen-year-old tribe member, alleges that his supervisor sexually molested him while he was working as part of a job training program at a Dollar General located on a reservation. Doe sued Dollar General in tribal court alleging a variety of torts including negligent hiring, training, and supervision.

This theory may help states at least indirectly in some instances.  

Fraud against the federal government is a problem for the states in particular when the fraud involves money taken from a federal-state program like Medicaid, which is what was alleged to have happened in Universal Health Services v. U.S. ex. rel. Escobar. The Supreme Court adopted a new theory of liability under the False Claims Act in this case. 

There are two ways of looking at this case, both of which are hard to argue with: state aid to religious organizations means less money for secular causes, and all preschool students should have access to safe playgrounds no matter where they go to school.

In Trinity Lutheran Church of Columbia v. Pauley the Supreme Court will decide whether Missouri can refuse to allow a religious preschool to receive a state grant to resurface its playground based on Missouri’s “super-Establishment Clause.”    

The Missouri Department of Natural Resources (DNR) offers grants to “qualifying organizations” to purchase recycled tires to resurface playgrounds. The DNR refused to give a grant to Trinity Church’s preschool because Missouri’s constitution prohibits providing state aid directly or indirectly to churches.

The majority of the state constitutions contain “Blaine Amendments” or “super-Establishment Clauses” whose prohibitions against aid to churches and religious schools exceed the requirements of the federal Establishment Clause.     

Per federal employment discrimination laws timelines are short and decisive. If an employee misses a deadline his or her case is over. In Green v. Brennan the Supreme Court chose a deadline for constructive discharge cases, where an employee feels compelled to quit due to intolerable working conditions, more favorable to employees.

More specifically, in a 7-1 decision the Court held that the clock begins to run on when an employee must start the process of bringing a constructive discharge case after the employee resigns not after (the earlier date of) the employer’s last discriminatory act.

Rebuffed is enough the Supreme Court ruled in CRST Van Expedited v. EEOC.

More specifically, employers who prevail in Title VII employment discrimination cases may recover attorney’s fees if they are able to “rebuff” employee’s claims for any reason—including reasons not related to the merits of the claims.   

CSG Midwest
Voters in two Midwestern states may soon have the chance to take the power of drawing legislative districts out of the hands of their legislatures. In South Dakota, a proposed constitutional amendment has already been certified and will appear on the fall ballot. It calls for a nine-member, independent commission to handle the state’s redistricting process. No commissioners could have served in state political office or a political party’s office within the last three years. In addition, no more than three people from the same political party could be named to the commission. 

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