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JGR/Commission on Executive, Legislative & Judicial Salaries (4 of 4)
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JGR/Commission on Executive, Legislative & Judicial Salaries (4 of 4)
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John Roberts' Subject Files
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Ronald Reagan Presidential Library Digital Library Collections This is a PDF of a folder from our textual collections. Collection: Roberts, John G.: Files Folder Title: JGR/Commission on Executive, Legislative & Judicial Salaries (4 of 4) Box: 11 To see more digitized collections visit: https://reaganlibrary.gov/archives/digital-library To see all Ronald Reagan Presidential Library inventories visit: https://reaganlibrary.gov/document-collection Contact a reference archivist at: [email protected] Citation Guidelines: https://reaganlibrary.gov/citing National Archives Catalogue: https://catalog.archives.gov/ THE WHITE HOUSE WASHINGTON July 11, 1985 MEMORANDUM FOR DONALD T. REGAN CHIEF OF STAFF FROM: FRED F. FIELDING Orig. signed by FFF COUNSEL TO THE PRESIDENT SUBJECT: Commission on Executive, Legislative, and Judicial Salaries Along with Max Friedersdorf and David Chew, I met on July 11 with the Chairman of the Commission on Executive, Legislative, and Judicial Salaries, Nicholas Brady, and the Executive Director, Edie Holiday. This Commission, estab- lished by statute, meets every four years to review and issue a report on appropriate pay levels for Federal judges, Congressmen, and high-level executive branch officials. The report is to be submitted to the President, who is then required to include his own recommendations on these pay levels in his next budget submission to Congress. Congress must affirmatively approve these recommendations before they become law. 2 U.S.C. §§ 351-361. This statutory scheme has generally failed to provide adequate compensation for high-ranking Government officials, because the pay of judges and executive officials has be- come linked to that of Congressmen and Congressmen lack the political will to vote pay raises for themselves. The problem has become particularly severe for judges, who serve for life rather than relatively brief periods of public service. Accordingly, the President sent a letter to Mr. Brady in March requesting that the Commission, in addition to its statutory obligations, develop recommenda- tions for revising the statutory scheme. The Commission will recommend new legislation, providing that the President's recommendations on salary levels would become law unless Congress disapproved them by joint resolu- tion within 30 days. This would effectively shift responsi- bility for salary increases from Congress to the President. The Commission plans to make no specific salary recommenda- tions this year, but will urge that a one-time, blue ribbon panel be appointed by July 1, 1986 to submit salary recom- mendations to the President by January 1, 1987. The Presi- dent would then submit his recommendations under the new scheme. - 2 - Max Friedersdorf expressed the view that there was a good chance that such legislation could pass. I recommend that we support the Commission's recommendations and the proposed legislation. If the legislation does pass fairly promptly, it would relieve the Commission of its statutory obligation to recommend specific pay levels this year. If the bill does not move, it is my view that the Commission would be required to submit such pay recommendations. This course of action -- supporting a legislative change and submitting specific pay level recommendations under the existing scheme only if the legislation stalls -- may generate some criticism from certain elements of the judiciary. As noted, judicial compensation is becoming woefully inadequate, and some short-sighted judges may demand an immediate increase rather than, or in addition to, the proposed long-term solution. I believe we can weather this potential criticism if the proposal moves steadily through Congress. FFF: JGR:aea 7/11/85 CC: FFFielding JGRoberts Subj Chron THE WHITE HOUSE WASHINGTON July 31, 1985 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS DJR SUBJECT: Report of 1984-85 Commission on Executive, Legislative, and Judicial Salaries Nicholas Brady has formally transmitted to the President the report of the Commission on Executive, Legislative, and Judicial Salaries. As expected, the report makes no specific salary level recommendations, but proposes instead that the statutory scheme be revised. As you know, the Commission recommends that the statute be changed to provide that salary recommendations of the President, submitted to Congress after consideration of Quadrennial Commission recommendations, would become law unless blocked by legis- lation passed by both Houses within 30 days and submitted to the President for approval or disapproval. The Commission also recommends a one-time Commission appointed in 1986 to submit specific recommendations under the new statutory scheme. We have previously expressed our support for this approach. We should tell Chew that the President should acknowledge receipt of the report, and thank the Commission for its work, in a letter to Brady. (Individual letters of apprecia- tion to Commission members would also be appropriate.) Our memorandum to Chew should urge that the President whole- heartedly endorse the Commission's recommendations, and that the Administration submit legislation as called for by the Commission. The subject of judicial compensation may even be appropriate for a radio address: the President could endorse the Commission's recommendations, note the sacri- fices judges make, and call for prompt action on the proposed bill. Such attention from the President would, as you know, win the hearts and minds of the Third Branch, at a time when some executive-judicial relations are strained. On the other hand, I recognize that the time may not be ripe for such an address, given the budget battles. At the very least there should be a statement of support for the Commission's recommendations released by Speakes. Attachment and not sent THE WHITE HOUSE WASHINGTON July 31, 1985 MEMORANDUM FOR DAVID L. CHEW STAFF SECRETARY FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Report of 1984-85 Commission on Executive, Legislative, and Judicial Salaries I have reviewed the report of the Commission on Executive, Legislative, and Judicial Salaries. As you know from previous memoranda on this subject, I support the Commis- sion's recommendations. The President should acknowledge receipt of the report and thank the Commission for its work in a letter to Chairman Brady. A draft is attached. Individual letters of thanks to Commission members would also be appropriate; suggested language is also attached. Consideration should be given to how the President should announce his support for the Commission proposal. This may even be an appropriate topic for a radio address: the President's direct concern would win the hearts and minds of the Third Branch, at a time of some tension between the executive and the judiciary. It could even provide an opportunity for a graceful gesture during the budget battles: "As Congress struggles with the budget, I would like to take one spending concern off their hands. An independent Commission has recommended that the President, not Congress, be directly responsible for setting the pay of Congressmen, judges, and high-level Executive officials." The President could then make gracious comments about hard- working legislators, and the need to pay them what they are worth, and call for adopting the Commission's plans. At the very least, a statement of support by the President for the Commission's recommendations should be issued, and the appropriate office -- Legislative Affairs or OMB -- should promptly draft and submit legislation. Attachments FFF: JGR:aea 7/31/85 CC: FFFielding JGRoberts Subj Chron THE WHITE HOUSE WASHINGTON August 1, 1985 Dear Nick: Shortly after I appointed you as Chairman of the Commission on Executive, Legislative, and Judicial Salaries, I wrote to you requesting that the Commission review the entire statutory scheme for setting the salaries of top government officials. I now have the Commission's report before me, and I am pleased to see that you took up the challenge and have submitted a compre- hensive proposal for reform. I have directed my Administration to undertake a prompt review of the specifics of the Commission's recommenda- tions, and hope to act on those recommendations in the near future. You concluded your report by stating that we must structure the compensation of top officials "in a fair and reasonable way that allows the best to serve and that enables those who serve to give their best." " While I am certain compensation had nothing to do with it in this instance, I am de- lighted that the best agreed to serve on this Commission, and from the results I can safely say that they have given their best. Please accept my personal thanks for the important service you have rendered. Sincerely, Mr. Nicholas F. Brady Chairman, Commission on Executive, Legislative, and Judicial Salaries 734 Jackson Place, N.W. Washington, D.C. 20503 RR:JGR:aea 7/31/85 bcc: FFFielding JGRoberts Subj Chron DRAFT August 1, 1985 Dear : I have received the report of the Commission on Executive, Legislative, and Judicial Salaries, and have advised Chair- man Brady that my Administration is studying your recommen- dations at this time. I hope to be able to act on them promptly. I just wanted to thank you personally for the time and effort you devoted to the work of the Commission. The issues you have addressed are critical to the effective functioning of our Government, for that Government can never be better than the people who serve in it. Thank you again for the important service you have rendered. Sincerely, (RR) RR:JGR:aea 7/31/85 CC: FFFielding JGRoberts Subj Chron DRAFT THE WHITE HOUSE WASHINGTON July 31, 1985 MEMORANDUM FOR DAVID L. CHEW STAFF SECRETARY FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Report of 1984-85 Commission on Executive, Legislative, and Judicial Salaries I have reviewed the report of the Commission on Executive, Legislative, and Judicial Salaries. As you know from previous memoranda on this subject, I support the Commis- sion's recommendations. The President should acknowledge receipt of the report and thank the Commission for its work in a letter to Chairman Brady. A draft is attached. Individual letters of thanks to Commission members would also be appropriate; suggested language is also attached. Consideration should be given to how the President should announce his support for the Commission proposal. This may even be an appropriate topic for a radio address: the President's direct concern would win the hearts and minds of the Third Branch, at a time of some tension between the executive and the judiciary. It could even provide an opportunity for a graceful gesture during the budget battles: "As Congress struggles with the budget, I would like to take one spending concern off their hands. An independent Commission has recommended that the President, not Congress, be directly responsible for setting the pay of Congressmen, judges, and high-level Executive officials." The President could then make gracious comments about hard- working legislators, and the need to pay them what they are worth, and call for adopting the Commission's plans. At the very least, a statement of support by the President for the Commission's recommendations should be issued, and the appropriate office -- Legislative Affairs or OMB -- should promptly draft and submit legislation. Attachments FFF: JGR:aea 7/31/85 CC: FFFielding JGRoberts Subj Chron THE WHITE HOUSE WASHINGTON August 1, 1985 Dear Nick: Shortly after I appointed you as Chairman of the Commission on Executive, Legislative, and Judicial Salaries, I wrote to you requesting that the Commission review the entire statutory scheme for setting the salaries of top government officials. I now have the Commission's report before me, and I am pleased to see that you took up the challenge and have submitted a compre- hensive proposal for reform. I have directed my Administration to undertake a prompt review of the specifics of the Commission's recommenda- tions, and hope to act on those recommendations in the near future. You concluded your report by stating that we must structure the compensation of top officials "in a fair and reasonable way that allows the best to serve and that enables those who serve to give their best." While I am certain compensation had nothing to do with it in this instance, I am de- lighted that the best agreed to serve on this Commission, and from the results I can safely say that they have given their best. Please accept my personal thanks for the important service you have rendered. Sincerely, Mr. Nicholas F. Brady Chairman, Commission on Executive, Legislative, and Judicial Salaries 734 Jackson Place, N.W. Washington, D.C. 20503 RR:JGR:aea 7/31/85 bcc: FFFielding JGRoberts Subj Chron DRAFT August 1, 1985 Dear : I have received the report of the Commission on Executive, Legislative, and Judicial Salaries, and have advised Chair- man Brady that my Administration is studying your recommen- dations at this time. I hope to be able to act on them promptly. I just wanted to thank you personally for the time and effort you devoted to the work of the Commission. The issues you have addressed are critical to the effective functioning of our Government, for that Government can never be better than the people who serve in it. Thank you again for the important service you have rendered. Sincerely, (RR) RR:JGR:aea 7/31/85 CC: FFFielding JGRoberts Subj Chron DRAFT ID # CU WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET 0 - OUTGOING H - INTERNAL I . INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: D. chew MI Mail Report User Codes: (A) (B) (C) Subject: Repart of the 1984-85 commission on Executive, Legislative and Judicial Salaries ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CUHALL ORIGINATOR 85,07,30 / / Referral Note: cuat 18 D 85,07,30 5 85,08,05 Referral Note: / / / / - Referral Note: / / / / - Referral Note: / / / / Referral Note: ACTION CODES: DISPOSITION CODES: A Appropriate Action I - Info Copy Only/No Action Necessary A Answered C Completed C Comment/Recommendation R - Direct Reply w/Copy B - Non-Special Referral S Suspended D Draft Response S For Signature F - Furnish Fact Sheet X . Interim Reply to be used as Enclosure FOR OUTGOING CORRESPONDENCE Type of Response = Initials of Signer Code = "A" Completion Date = Date of Outgoing Comments: Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files. Refer questions about the correspondence tracking system to Central Reference, ext. 2590. 5/81 Document No. WHITE HOUSE STAFFING MEMORANDUM DATE: 7/30/85 ACTION/CONCURRENCE/COMMENT DUE BY: August 5th SUBJECT: Report of the 1984-85 Commission on Executive, Legislative and Judicial Salaries. ACTION FYI ACTION FYI VICE PRESIDENT LACY REGAN McFARLANE STOCKMAN OGLESBY BUCHANAN ROLLINS CHAVEZ RYAN CHEW P SS SPEAKES DANIELS SPRINKEL FIELDING SVAHN FRIEDERSDORF THOMAS HENKEL TUTTLE HICKEY HICKS KINGON REMARKS: Could we please have your recommendations by August 5th? Thanks. Please return report to my office. RESPONSE: 1985 JUL 30 FII 2:59 David L. Chew Staff Secretary Ext. 2702 COMMISSION ON EXECUTIVE, LEGISLATIVE AND JUDICIAL SALARIES July 29, 1985 President Ronald Reagan The White House Washington, D.C. 20500 Dear Mr. President: I am pleased to transmit the enclosed report of the 1984-85 Commission on Executive, Legislative, and Judicial Salaries. This report responds to your letter of March 7, 1985, requesting that the Commission review the statutory scheme for setting the salaries of top government officials and develop recommendations for any necessary changes. Our recommendations, we believe, offer a durable, orderly system for setting salaries in the future. We belleve the Inadequacy of salaries cannot be addressed until the system for determining them is corrected. As soon as the process is revised, we feel strongly that proper salary adjustments should be made. Respectfully submitted, Tuchelas 7 Brady Nicholas F. Brady Chairman Enclosure 734 Jackson Place. N.W. Washington, D.C. 20503 (202) 377-3914 THE WHITE HOUSE ann WASHINGTON not sent August 5, 1985 MEMORANDUM FOR DAVID L. CHEW STAFF SECRETARY FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Suggested Formal Presentation for Printed Report from Commission on Executive, Legislative, and Judicial Salaries You have asked for my views on a proposal by the Commission on Executive, Legislative, and Judicial salaries for a formal presentation of their report to the President. I think such a ceremony would be a good idea, if the Adminis- tration is prepared to endorse the recommendations of the Commission, not only with respect to the proposed statutory change but also with respect to the eventual significant increase in judicial compensation. If the President is prepared to agree that the compensation of Federal judges is woefully inadequate -- as I believe it is -- a presentation ceremony would provide an excellent vehicle for making this point and increasing the morale of an overworked and underpaid bench. FFF: JGR:aea 8/5/85 CC: FFFielding JGRoberts Subj Chron THE WHITE HOUSE WASHINGTON August 5, 1985 MEMORANDUM FOR FRED F. FIELDING FROM: JOHN G. ROBERTS DR SUBJECT: Suggested Formal Presentation for Printed Report from Commission on Executive, Legislative, and Judicial Salaries The Commission on Executive, Legislative, and Judicial Salaries has proposed a formal presentation of their report to the President. Chew has asked for your views. Whether such a ceremony should take place depends, of course, on whether the Administration is prepared to commit publicly to accepting the Commission's recommendations. I think there will be little opposition to endorsing the proposed legis- lative reform, but the President should be prepared to agree with what the Commission has to say about the inadequacy of judicial compensation before staging a presentation ceremony. Attachment THE WHITE HOUSE WASHINGTON August 5, 1985 MEMORANDUM FOR DAVID L. CHEW STAFF SECRETARY FROM: FRED F. FIELDING COUNSEL TO THE PRESIDENT SUBJECT: Suggested Formal Presentation for Printed Report from Commission on Executive, Legislative, and Judicial Salaries You have asked for my views on a proposal by the Commission on Executive, Legislative, and Judicial salaries for a formal presentation of their report to the President. I think such a ceremony would be a good idea, if the Adminis- tration is prepared to endorse the recommendations of the Commission, not only with respect to the proposed statutory change but also with respect to the eventual significant increase in judicial compensation. If the President is prepared to agree that the compensation of Federal judges is woefully inadequate -- as I believe it is -- a presentation ceremony would provide an excellent vehicle for making this point and increasing the morale of an overworked and underpaid bench. FFF: JGR:aea 8/5/85 CC: FFFielding JGRoberts Subj Chron ID # CU WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET o # OUTGOING H - INTERNAL I - INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: D. chew MI Mail Report User Codes: (A) (B) (C) Subject: suggested formal presentation for printed report from commission an Legislative, Executive & Judicial salarier ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD ORIGINATOR 85,08,03 / / Referral Note: cunt 18 D 85,08,03 5 85,08,05 Referral Note: ASAP / / / / - Referral Note: / / / / - Referral Note: / / / / - Referral Note: ACTION CODES DISPOSITION CODES: A Appropriate Action I - info Copy Only/No Action Necessary A Answered C Completed C Comment/Recommendation R Direct Reply w/Copy B - Non-Special Referral S Suspended D Draft Response S. For Signature F Furnish Fact Sheet X Interim Reply to De used as Enclosure FOR OUTGOING CORRESPONDENCE Type of Response = Initials of Signer Code = "A" Completion Date = Date of Outgoing Comments: Keep this worksheet attached to the original incoming letter. Send all routing updates to Central Reference (Room 75, OEOB). Always return completed correspondence record to Central Files. Refer questions about the correspondence tracking system to Central Reference, ext. 2590. 5/81 THE WHITE HOUSE WASHINGTON August 3, 1985 MAX FRIEDERSDORF FRED FIELDING The Commission on Legislative, Executive and Judicial Salaries will have its printed report late next week. They plan to go public at that time. They are suggesting a formal presentation. What do you think? David L. Chew THE WHITE HOUSE WASHINGTON September 27, 1985 MEMORANDUM FOR THE PRESIDENT Orig. signed by FFF FROM: FRED F. FIELDING SUBJECT: Letter to Nicholas Brady, Chairman, Commission on Executive, Legislative, and Judicial Salaries I. ACTION FORCING EVENT Receipt of the Report of the Commission, and request from Nicholas Brady, Chairman of the Commission, for support of the Commission's proposals. II. DISCUSSION Under current law, the Commission meets every four years to recommend to the President appropriate salaries for Federal judges, Congressmen, and certain high-ranking Executive branch officials. The President then submits his own recommendations to Congress, which become law only if approved by Congress. The scheme has never worked well, because of the reluctance of Congress to vote pay raises for itself, with the result that judicial salaries in particular, but Executive branch salaries and Congressional salaries as well, have stagnated. In light of this background, you wrote Commission Chairman Nicholas Brady, urging that the Commission review the statutory scheme and come up with a better approach. The Commission took up this challenge, and submitted a report to you and Congress, urging enactment of legislation to permit the President's recommendations on salary levels to become effective unless blocked by Congress. It is the Commission's view that this will permit the salaries of high-ranking officials to be set in a more rational and less-politicized manner. The Commission did not submit any specific salary recommendations, but called for the appoint- ment of a one-time blue ribbon commission to submit salary recommendations under the new proposed scheme. The attached letter to Brady for your signature announces support for the Commission's proposals. III. RECOMMENDATION That you sign the attached letter to Nicholas Brady. FFF:JGR:aea 9/27/85 CC: FFFielding/JGRoberts/subj/Chron THE WHITE HOUSE WASHINGTON 9-77 TO: FFF FROM: John G. Roberts, Jr. Associate Counsel 126 to the President FYI COMMENT ACTION 14 THINK THE N THE WHITE HOUSE WASHINGTON September 27, 1985 MEMORANDUM FOR THE PRESIDENT FROM: FRED F. FIELDING SUBJECT: Letter to Nicholas Brady, Chairman, Commission on Executive, Legislative, and Judicial Salaries I. ACTION FORCING EVENT Receipt of the Report of the Commission, and request from Nicholas Brady, Chairman of the Commission, for support of the Commission's proposals. II. DISCUSSION Under current law, the Commission meets every four years to recommend to the President appropriate salaries for Federal judges, Congressmen, and certain high-ranking Executive branch officials. The President then submits his own recommendations to Congress, which become law only if approved by Congress. The scheme has never worked well, because of the reluctance of Congress to vote pay raises for itself, with the result that judicial salaries in particular, but Executive branch salaries and Congressional salaries as well, have stagnated. In light of this background, you wrote Commission Chairman Nicholas Brady, urging that the Commission review the statutory scheme and come up with a better approach. The Commission took up this challenge, and submitted a report to you and Congress, urging enactment of legislation to permit the President's recommendations on salary levels to become effective unless blocked by Congress. It is the Commission's view that this will permit the salaries of high-ranking officials to be set in a more rational and less-politicized manner. The Commission did not submit any specific salary recommendations, but called for the appoint- ment of a one-time blue ribbon commission to submit salary recommendations under the new proposed scheme. The attached letter to Brady for your signature announces support for the Commission's proposals. III. RECOMMENDATION That you sign the attached letter to Nicholas Brady. FFF: JGR:aea 9/27/85 CC: FFFielding/JGRoberts/Subj/Chron THE WHITE HOUSE WASHINGTON September 24, 1985 MEMORANDUM FOR DAVID L. CHEW FROM: FRED F. FIELDING SUBJECT: Letter to Nicholas Brady, Chairman, Commission on Executive, Legislative, and Judicial Salaries The attached letter has been revised to reflect suggested changes from Legislative Affairs and Chris Hicks. It is ready to be signed and I am requesting that it be sent to the attention of Ede Holiday at the Fund for America's Future, 1200 18th Street, N.W, Suite 300, Washington, D.C. 20036, for delivery to Nick Brady. Thank you. THE WHITE HOUSE WASHINGTON Dear Nick: Shortly after I appointed you as Chairman of the Commission on Executive, Legislative, and Judicial Salaries, I wrote to you requesting that the Commission review the entire statutory scheme for setting the salaries of top government officials. I now have the Commission's report, and I am pleased that you took up the challenge and have submitted a comprehensive proposal for reform. I directed my Administration to undertake a review of the Commission's specific recommendations. Based upon this review, we hope that the Congress will act on your legislative proposals in the near future. They represent a fresh approach to a long-standing problem. Please accept my personal thanks for the important service you have rendered. Sincerely, The Honorable Nicholas F. Brady Chairman, Commission on Executive, Legislative, and Judicial Salaries 734 Jackson Place, N.W. Washington, D.C. 20503