AUGUSTA – Legislative leaders have decided to offer thousand of dollars in extra pay to lawmakers who served during last year’s special session.

David Bolter, executive director of the Legislative Council, said Thursday members of legislative leadership have agreed to pay extra salary to those who want it in an effort to avoid any further litigation stemming from the 90-day special session.

The Legislative Council, the governing board for the Maine House and Senate, reserved $900,000 in a special fund from the Legislature’s operational budget. Bolter said Thursday his office was still running the numbers to determine the total amount needed to resolve the pay issue.

“We’re actually doing the calculations right now and I should have a better sense on the exact figure next week,” Bolter said.

In March, a Kennebec County Superior Court justice ruled in favor of Republicans, who took leaders of the Democratic majority to court last year. The legislators maintained that, by law, they were entitled to an additional $100 a day when called into special or emergency session by the governor.

The dispute leading to the court case arose from a decision by majority Democrats to push a majority supplemental budget bill through the Legislature last year. By adjourning early, the Democrats were able to allow the bill to become law before the end of the fiscal year on June 30. The Legislature was then called into special session by the governor to complete its work. The session lasted 90 days.

Although lawmakers are entitled to additional pay during a special session, majority Democrats voted to change the law and they subsequently waived the additional pay requirement. The vote short-circuited Republican attempts to persuade Democrats to abandon the majority budget strategy to avoid the significant additional costs associated with special session pay.

After Democrats ignored the warnings, Republicans felt compelled to call their bluff, and some GOP lawmakers filed suit against Democratic legislative leaders claiming they had abused their constitutional authority and circumvented the statutory extra pay requirement.

In the March decision, the court concluded the Republicans who had filed the suit were entitled to the extra pay. The decision effectively saddled majority Democratic leaders in the current session with a bill for extra session pay from the last Legislature.

Earlier this year, Senate President Beth Edmonds, D-Freeport, and Speaker of the House John Richardson, D-Brunswick, urged members of the 121st Legislature not to accept the extra pay. Edmonds said Thursday she’ll be leading by example on what the right course of action for lawmakers should be.

“I do not want the $100 a day, but I understand now that the court has ruled, some people will feel like it is legal and that they’re due this money and they’re going to take it,” Edmonds said. “I’m giving people my view and they can make their own decisions. Lots of us won’t [take the money].”

Bolter said his staff was now reviewing all legislative records from last year, and that lawmakers whose attendance could be verified at either a legislative session or legislative committee meeting would be sent a letter. The notice would contain the amount of money the lawmaker was entitled to as well as a request to confirm whether the recipient wanted a check issued.

“If they don’t respond, we won’t be issuing a payment to them,” said Bolter, who would like to conclude the issue by June 30.

Senate Republican leader Paul Davis of Sangerville estimated the average check sent to all 186 lawmakers at around $4,000, adding that majority Democrats had paid a high price to learn Republicans were right about the extra pay issue. Still, he conceded, the court decision placed typically frugal Republicans in the uncomfortable position of having significantly driven the cost of state government up by proving Democrats had failed to follow the law.

“That’s why I’ll be donating to charity,” Davis said. “And the Sangerville Public Library is going to be some happy to see me.”