The Office of the Public Auditor (OPA) has been requested to investigate various issues related to executive branch personnel salaries in excess of statutory salary caps and other restrictions under the law. The following details OPA's findings regarding the questions that have been raised. Please note that this compilation of information was not conducted in accordance with government auditing standards issued by the Comptroller General of the United States and should not be considered an audit report.

As part of this review, OPA communicated with staff from the Office of Personnel Management (OPM), the Attorney General's Office, and the Governor's Office. OPA also reviewed the various applicable statutory and case law. Finally, OPA conducted a review of regulations related to government employment. Because a comprehensive compilation of the Commonwealth Register has not yet been codified, review of applicable rules and regulations was somewhat uncertain. For this reason, OPA expresses some reservation regarding the completeness of the analysis of such rules and regulations. Staff of the Law Revision Commission, which is currently undertaking the task of organizing and adopting a comprehensive codification of Commonwealth rules and regulations, was helpful in attempting to track the history of applicable rules and regulations.

Below are questions addressed in the report:

1. Are there government employees who are being compensated in excess of the statutory salary caps?
2. What is the proper procedure to compensate an employee above the statutory salary caps?
3. Do the salary caps apply to independent contractors?
4. What is the status of employees hired under the Office of the Governor and the Office of the Lt. Governor pursuant to Public Law 13-1?

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