AUGUSTA – In the aftermath of an advisory opinion issued last week by Maine’s attorney general, a handful of Republican lawmakers are seeking an additional $100 a day for serving during a special session of the Legislature.

“It’s justified,” said House Republican leader Joe Bruno of Raymond. “We have the attorney general’s ruling that members are entitled to the pay. It’s up to the individual members to determine what they need to do. There’s no leadership position and no caucus position.”

Last week, Maine Attorney General G. Steven Rowe said majority Democrats in the House and Senate had relied on an unconstitutional tactic in January to circumvent requirements for special session pay. The vote on the additional $100 a day took place after the Legislature adjourned the regular session to pass a $109 million Democratic majority budget.

The Democratic majority and the governor then agreed to bring lawmakers back into special session the next week to allow the Legislature to finish its work. Legislators, however, were still receiving their regular salary at the time and laws regulating the special session call for an additional $100 per day during emergency meetings. In order to prevent what was referred to as a “double dip” on salary, Senate Democratic leader Sharon A. Treat of Farmingdale submitted a joint order stating that lawmakers were not entitled to the extra pay while they were receiving their regular legislative salary.

In response to a GOP inquiry, Rowe concluded that Democratic leaders had erred in denying the pay because the Maine Constitution requires the extra compensation be paid to legislators. He added that the Legislature lacks the constitutional authority to overrule the law with a joint order.

Rowe added, however, the Legislature could eliminate the extra pay by introducing a new law addressing future special session circumstances that place lawmakers in a position similar to the one experienced in January. Treat plans to do so this week.

Senate and House Democratic leaders remained firm in their position Monday that they would not approve special session pay for those requesting it, regardless of Rowe’s opinion. David Boulter, executive director of the Legislative Council, said Monday he was awaiting an official directive from leadership before he responded to the GOP lawmakers’ request for money. In the event of the likely adverse ruling, legislators conceivably could take their complaints to Maine Superior Court.

“I guess they’ll just have to weigh their opportunities for challenging it,” Boulter said.

Treat said it was “kind of nuts” for Republicans to be asking for more money at a time when resources are so scarce around the State House. House Democratic leader John Richardson of Brunswick agreed, saying he was “disappointed” some Republicans were trying to get a raise through a technical method.

“It won’t serve the Republicans who made the request or their constituents during a tight budget and a tough economic situation,” he said.

Senate assistant GOP leader Chandler Woodcock of Farmington said Democrats failed to recognize that the Maine Constitution has checks and balances and consequences for ignoring those safeguards.

“To get their own will and way, [the Democrats] twisted the constitution,” he said. “As their own attorney general said, they were wrong. It’s not about the money. It’s about how business is conducted. There are certain rules. And they broke the rules.”