David Zuckerman Credit: Jeb Wallace-Brodeur

State Rep. David Zuckerman (P-Burlington) has a confession to make that might sound to some like political suicide.

He bills taxpayers for his “mileage” to and from the Statehouse — as much as $152 a week — even on days when he gets a ride with fellow lawmakers or lobbyists.

Zuckerman also takes full advantage of the $61 daily meal allowance afforded to legislators when they are in session, but admits he rarely spends that much on food.

“Every day I claim the mileage, and I probably shouldn’t,” says Zuckerman, a ponytailed Progressive who runs an organic vegetable farm in Hinesburg. Beyond that, though, Zuckerman isn’t apologizing for his behavior.

How does he get away with what could be described as fraud?

Legislators aren’t required to submit receipts for their mileage, meals or lodging expenses during the regular legislative session. In January, they simply fill out a form indicating what they expect to spend and then collect biweekly “per diem” checks based on their claims. It’s an honor system. If their circumstances change, legislators are supposed to file a “change” form adjusting their costs up or down.

Vermont lawmakers and state employees get the same reimbursement rates as federal employees: 50 cents a mile, $101 a night for lodging and $61 a day for meals. Lawmakers recently voted themselves a 5 percent pay cut in solidarity with recession-impacted voters; it shaved $100,000 off their collective salaries. Meanwhile, reimbursement rates for meals and lodging increased. Per diem expenses in 2010 could cost as much as $140,000 more than in 2009.

Zuckerman was virtually alone in opposing the salary reduction. He contends it was a political maneuver that had nothing to do with saving taxpayer money.

The 38-year-old farmer justifies collecting more for mileage and food than he actually spends by considering it as part of his overall compensation. Legislator pay doesn’t cover constituent meetings, cellphone calls and travel to special events after the session ends, he notes. Mileage and meals put another few hundred dollars in Zuckerman’s pocket each year — more for some lawmakers who drive further or stay overnight more often. Claiming the full reimbursement evens things out, he says.

To illustrate his point, Zuckerman has documented a decade of paltry pay raises. Over the din of the Statehouse cafeteria, he explains a homemade spreadsheet that demonstrates how his pay has fluctuated over the 13 years he’s been a legislator.

Base pay for a legislator is $625 a week, for as long as the session runs, and $118 a day for official off-season work — special sessions, summer committees, etc. Legislators still get reimbursed for expenses incurred outside the session, but they have to produce receipts for them. Since 1997, Zuckerman’s overall compensation — base salary plus expenses — has risen an average 1.1 percent per year, far less than the cost-of-living adjustments afforded to most state employees.

“We signed up for this,” Zuckerman says. “I’m not complaining. I’m just trying to present the facts of what we do and what we get compensated.”

Many lawmakers admit it doesn’t cost them $61 a day to fill their bellies, nor $101 a night to crash in Montpelier — a room at the Capital Plaza runs $106, but many lawmakers make more affordable arrangements, such as renting apartments together. Several politicians interviewed by Seven Days admitted they pocketed the difference, though none as righteously as Zuckerman.

Sen. Vince Illuzzi (R-Essex/Orleans) often crashes with his parents, who live on the Barre-Montpelier Road. Illuzzi says he pays no rent to his ’rents, but uses his lodging allowance to help pay their heating bill. Even so, Illuzzi admits that contribution doesn’t cost anywhere near $101 a night. For food, Illuzzi estimates he spends between $30 and $50 per day.

Opinions differ sharply when it comes to benefiting financially for miles not driven, hotel rooms not occupied, and meals not eaten. Illuzzi says he doesn’t begrudge Zuckerman or any other lawmaker who keeps the cash, because lawmakers do work in the off season and don’t get paid for it. That said, Illuzzi reduced his reimbursement amount after missing four days at the Capitol last month.

State Sen. Randy Brock (R-Franklin) is more of a stickler. During the first pay period of January, the former Vermont auditor had billed the state $1048 for eight days of driving to and from Montpelier, and eight days of meals at $61 per day. But when business called Brock out of town unexpectedly, the senator found he needed reimbursement for only seven days. So he filed a “change” form with the payroll office to reflect his true costs. The savings to taxpayers: $131.

“We’re paid for the mileage we actually use,” Brock says. “And I don’t believe I should be paid if I’m not doing what was contracted. We have in statute an amount legislators are paid and an amount of allowances that legislators get, and I think we have to live with that.”

One hundred thirty-one bucks might sound like chump change in light of the state’s $150 million budget deficit, but Brock says it’s the principle that matters. Yet, even he admits to spending less than half the $61 daily meal allowance he collects. Brock commutes 70 miles into the capital from Swanton each day, and guesses he spends no more than $20 for lunch, coffee and a snack most days he’s there. That’s not the case for every lawmaker, Brock notes.

“Some of our larger members might eat substantially more,” he quips. It’s worth noting that the Statehouse reimbursement system, however loosey-goosey it is, promotes good behavior by offering economic incentives for lawmakers to eat less and carpool.

Zuckerman’s main argument is that lawmakers earn so little money, the job is unaffordable for average working Vermonters. Even after maxing out his mileage and food allowances, Zuckerman says his legislative pay comes to around $16,500 — barely enough to pay the farm hands he hires to replace him in the fields while he’s at the Statehouse.

“The pay is so low it’s deterring people who are accelerating in their careers,” Zuckerman says. “If you look around this building, there are very few people in their prime earning years, in their thirties and forties and even early low fifties. Shouldn’t we make this a position that can bring all types of expertise to the process?”

Legislator pay and reimbursements have been hotly debated for years. Sixteen years ago, Seven Days columnist Peter Freyne busted Progressive state Reps. Dean Corren and Terry Bouricius for double dipping. Each claimed mileage, even when they carpooled. Both men were reelected.

A 2004 report from the Snelling Center for Government backs up the claims by Zuckerman and others that lawmakers are underpaid. The study found Vermont lawmakers spend 50 percent more time in Montpelier than they did in the 1970s, and devote 15 to 20 hours a week on legislative work outside the session. Base salary, meanwhile, has not risen in proportion to the increased workload.

The Snelling Center recommended upping legislator salaries to bring them in line with those of average private-sector workers — $30,000 a year at the time — and paying a portion of that over the seven months they’re not in session. Doing that would have put another $3543 in lawmakers’ pockets each year, and still kept legislative pay less than two-tenths of 1 percent of annual state spending, the report stated.

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Andy Bromage was a Seven Days staff writer from 2009-2012, and the news editor from 2012-2013.

24 replies on “Vermont Legislators Admit to Cheating the System. Are They Justified?”

  1. Well . let`s look again at New Hampshire with over 1 million people to legislate for. They believe that no one serving as a legislator should take money out of their pocket to serve the people.. They reinburse for all out of pocket expenses but require receiptsfor all expenses. They have a lower base pay but don`t hang arround in Concord dreaming up new ways to burden their constituent. Get in,do the work, get out. Somewhere in the 120 day period. Vermont with over 320 bills proposed and about 18 passed? Shorten the session and reg people could serve again.

  2. State employees DO NOT get $61 a day for meals! We get $23.85 in state and $32 out of state for all three meals, no matter where we are or how much it actually costs us!! In most places dinner costs as much or more than our full days’ reimbursement 😡

  3. This article highlights why Randy Brock should be elected Lt. Gov. One candidate in the Lt. Gov.’s race is honest about not taking money he’s not entitled to, the other one isn’t. One’s honest about his party affiliation, the other one isn’t. One saddled the state taxpayers with hundreds of thousands of dollars, if not millions, in legal bills to defend a doomed GMO labeling law, the other one didn’t.

  4. Ah yes Mr. “Extract As Much Money From Government For My Personal Use As I Can Zuckerman” Is the same legislator that tried to eliminate the mortgage interest deduction on hard working Vermonters.

    Mmmmmmm smell that hypocrisy, Push class warfare but line your pockets every chance you get. Say “money I get from government is okay, but the money you get is bad”

    Maybe Zuckerman can head on up to Bernie’s new vacation pad in the islands and they can have a barbecue and laugh at all the wool they’re pulling over Vermonter’s eyes.

  5. In the federal government the rules are very specific. I would be terminated from my agency for this. It’s definitely illegal. That said will our state government step up? Nope. So I call on all in local Law Enforcement to ticket them. Especially the ones texting and driving.

    Amy they are using the federal GSA rates to apply to them which is illegal if they hold you to differing standards.

  6. Sanders says he’s for the little guy, then buys a few more really big, expensive houses. Zuckerman openly smokes (the still illegal,but he doesn’t care) pot, then bilks us out of money by being dishonest. Openly. Who in their right mind would vote for these hypocrites?!?

  7. This is just wonderful – let’s teach our children to ‘justify’ cheating …. great message doper ….

  8. “Your Cheating Heart … !”

    Bad enough that David cheats on his expense report, but openly admitting it and attempting to justify doing so is a little “over the top.” Given the deep financial troubles the state is in and the contrast in attitudes between Zuckerman and Brock (at least on this financial issue) – the best choice is obvious !

  9. Because Zuckerman is running for high office and he’s ethically challenged to the core. Besides cheating taxpayers, he had to apologize for dissing our National Guard this week.

    Character, it still counts folks.

  10. If I were to steal from my employer because I thought I wasn’t being paid enough I would be charged with embezzlement and fired. In politics that would make me a candidate for higher office.

  11. If a Vermont Doctor files false claims to Medicare because he/she feels under-compensated, it’s called Medicare fraud. If a Vermont taxpayer files false deduction claims on their tax returns because he/she feels the legal refund amount under-compensates, it’s called tax fraud. If a salespersons files inflated claims for personal out-of-pocket expenses taken for job purposes, that sales person would be fired and subject to lawsuit.
    But if Vermont lawmakers files inflated reimbursement claims for out-of-pocket expenses that don’t exist because he/she feels they deserve more, it’s called “I’m doing nothing wrong, I’m entitled.”

  12. They should be required to turn in receipts for meals and lodging, as well as documented mileage between end points by day by trip. Period. No wonder we have so many entitlements.

  13. So where is the ethics law? Shumlin tries to steal his neighbors home and the legislators turn a blind eye!
    Then they waste 200 or more million dollars on a failed and broken web site and do not ask for one penny back form the company that closes shop and disappears. Then they wasted 20 -30 million on the failed single payer plan and again nothing is done about recouping the money VT Health Dept. head, . Dr. Chen mails 2 one dollar bills out, with a survey, and the legislators know nothing about this, not even the press knows how many letters were sent out and how many were returned or how many dollars just ended up in the trash! David is just another example of no accountability for departments or even the legislators and the Governor! WE need a Ethics law and we need to clean house tomorrow at the elections.

  14. Just think about this David in a recent article said that he spent the night with over 300 kids…

    I’m wondering how many of those kids could pass a drug test today..

    When are people in Vermont going to wake up and get rid of the garbage

  15. Who eats 50 dollars a day McDonalds 2 of us 9 dollars. Buffet 2 0f us 19 dollars what is wrong with this picture

  16. He is a progressive pol. I understand when he says I probably should not take these reimbursements. They are unethical, immoral. Illegal and plain theft. So no problem pol.

  17. Who needs $61 a day for food?! Many Vermonters are being taxed to death and scrimping just to get by, choosing between buying food and paying their bills. This is ridiculous!
    They should have to pay out of pocket and submit their receipts for reimbursement.

  18. Vermont lawmakers and state employees get the same reimbursement rates as federal employees:

    As someone else pointed out above this is simply not true. State workers get no per diem and are not eligible for reimbursement for breakfast or lunch in state – even if theyre traveling away from their home or office for work. The dinner rate is $12.85 including tax and tip and hasnt been updated in more than 25 years.

  19. Of course they steal from us and it’s okay. They are all crooks and should be arrested and thrown in jail. This will be known when I go on the 14th. My case better be dismissed I didn’t even do anything wrong so differently better be after hearing about Chief of Police and of course always knowing government was crooked and thieves. So let the Judge in Burlington know to dismiss my case or the news will be notified how corapate the system is towards certain people in charge.

  20. The legislators spend 50% more time in Montpelier because they’ve spent so much time on things that don’t concern them. They passed laws they don’t understand or begin to understand the consequences of. They’re so far outside the constitution in the name of “doing something, anything” that we have reached a point of maximum government. Wait until the school budgets from Act 46 hit. Jamaica is looking at a 19% tax hike, Townsend 17%. Because the legislature didn’t do its job.

  21. Zuckerman claims here that after he maxes out his mileage and daily food allowances using an honor system that he unethically maximizes claims to be reimbursed for expenses that he didn’t even need or use and it still totals an annual salary of $16500 ?
    Why would anyone ever be a legislator?
    That’s income is below the poverty line.
    Come on bud that Ain’t right. Either way all state employees should only be compensated for time at work, inside that designated building and space. No one else is getting paid to commute or to leave the job site to get a meal…I work at an elementary school in BSD as a “full time” food service employee and pay 1.50 to ride the city bus to and from work everyday school is in session. If theres no school, there’s no work, i have to stay home, there’s no pay. School break, no pay, summer? Nuthin. I am a government employee who makes slightly more than what he is quoting as an annual salary. Honestly do we think anyone is working as hard as they claim on a sheet that essentially values there time more because they get to claim fringe Benefits that shouldn’t exist to inflate there self worth by maximizing there evaluation of themselves at there job description. Honestly think they should only paid in meals and travel expenses if this is the model.

  22. Please everyone, do NOT vote Zuckerman in as Governor unless you want higher taxes & more unethical actions.

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