SPECIAL-SESSION PAY

A ruling last week by the State Superior Court that says legislative leaders could not deny lawmakers special-session pay last year will represent a tiny ding in the state coffers but a large warning to the Legislature. Majority Democrats are busily ignoring that warning now.

The ruling, written by Superior Court Justice Donald Marden, decided in favor of the lawmakers who wanted special-session pay – $100 a day – once the Legislature went into special session and even though that session took place during the time in which the regular session is held. Legislative leaders acted after getting advice from Attorney General Steve Rowe, who said the pay possibly could be eliminated retroactively by statute. Justice Marden ruled against the plaintiffs on the question of treble damages and court costs.

What is instructive to Maine, however, is why the question was before the court at all. It was there because majority party Democrats believed they could not persuade minority Republicans in sufficient numbers to pass a supplemental budget by a vote of at least two-thirds of all lawmakers. By not meeting that standard, the supplemental budget would not take effect until 90 days after the end of the regular session – so the majority ended the regular session early to start the clock ticking, then wanted to return

to finish the rest of their business in special session.

But naturally having lawmakers draw both regular and special-session pay for the same work was embarrassing because it would underline the fact that lawmakers had no business being in special session. They tried to mask their embarrassment by forbidding

the special-session pay and they lost. Speaker John Richardson recently asked lawmakers to voluntarily give up the pay they are owed and no doubt many of them will.

The pay problem will not occur again because the retroactivity issue is now gone; lawmakers know ahead of time that they won’t get the money. But the cause of the problem – forcing a special session when Maine’s constitution clearly anticipates lawmakers working through the regular session to find agreement on the budget – is about to be revisited with the budget before the Legislature now.

The warning from the court ruling is this: When lawmakers choose expediency over the constitution, trouble follows for them, costing good will, lost faith in the Legislature and lost opportunities to serve Maine. Plus there’s all that back pay.