Many legislators accepting extra-session pay

AUGUSTA – They have until next week to indicate their intentions, but as of Wednesday many of the Maine lawmakers who served during last year’s special session appeared to be more than willing to accept thousands of dollars in additional pay.

David Boulter, executive director of the Legislative Council, said he had heard from about half of the members of the 121st Legislature and that about 75 percent of them had decided to take the money. Lawmakers have until May 31 to advise Boulter of their decision. Those who do not respond, he said, will be presumed to have rejected the extra salary.

The good news for Boulter is that original estimates on a potential payout had turned out to be on the high side. Last year, 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 to cover the expense of special session pay. Boulter said Wednesday – factoring in session attendance and committee meetings – if all 186 lawmakers decided to take the money the total amount would come to $703,000.

“So financially, it’s very good news,” Boulter said.

In March, a Kennebec County Superior Court justice ruled in favor of a handful of lawmakers that included Republicans, one Democrat and one unenrolled legislator, who took leaders of the Democratic majority to court over the pay issue 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 without having to get two-thirds support. The Legislature was then called into special session by the governor to complete its work.

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, joined by an independent and a Democrat, 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 lawmakers 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 and the Legislative Council ultimately decided to extend the extra pay to anyone in the 121st Legislature who wanted it.

Democratic leaders have stated they would not be accepting the extra pay and warned their members the money could become a potential re-election campaign issue. Several Republicans have said they would take the money, estimated at about $4,000 per lawmaker, and donate it to their schools, libraries or favorite charities.

“At least, in that way, some good would come from it,” acknowledged Assistant House Majority Leader Bob Duplessie, D-Westbrook.

Senate Minority Leader Paul Davis, R-Sangerville, said he expected that as many Democrats as Republicans would choose to accept the salary. Davis said he would be accepting his share and donating it to his local public library. He said he wasn’t giving advice to anyone on whether they should take the money, but he did credit the Democrats for making the double-dip possible.

“The Democrats violated the law, the court made a ruling and these people are entitled to the money,” he said. “People can do what they want and they’ve got a right to take it if they want it.”