A lawsuit challenging a legislative pay raise that included retroactive per-diem increases of $16 a day for the 2008 regular session will cite four main reasons why the hike should be overturned, according to a draft of the suit obtained by the Gazette.
A lawsuit challenging a legislative pay raise that included retroactive per-diem increases of $16 a day for the 2008 regular session will cite four main reasons why the hike should be overturned, according to a draft of the suit obtained by the Gazette.
The suit, which could be filed as early as Monday by South Charleston lawyer Richie Robb, contends the retroactive increase in per-day payments is unconstitutional because:
The retroactive increase, which resulted in additional payments of about $1,100 to most legislators for the session, amounts to extra compensation for legislators. That violates a provision in the state constitution that prohibits increases in the salaries of public officials during their term of office.
The legislation that increased the per-day compensation failed to cite a recommendation from the Citizens' Legislative Compensation Commission for the increase. Under the constitution, the Legislature can act only on pay raise or other compensation increases that are recommended by the citizen panel.
Unlike the $5,000 legislative pay increase that goes into effect in January 2009, the legislation cited no specific date for the per-diem increase to go into effect - effectively depriving taxpayers of their due process rights to challenge the rate increase.
"The stealth which occurred by omitting a clear effective date" for the per-diem increase even caught many legislators by surprise, according to the suit. The suit notes that many legislators stated they were unaware that the per-diem increase was retroactive until they received their final legislative paychecks after the 2008 session had adjourned.
The legislative pay raise bill violates the state constitution because it also includes increment pay increases for state employees.
Under the state constitution, bills to increase pay for legislators or other elected officials "shall contain no provision on any other subject," the suit states.
Because of a state law requiring 30 days' advance notice of intent to file suit against any state agencies or officials, the suit cannot be filed in Kanawha Circuit Court before Monday.
The plaintiff in the suit, former state senator and current Republican gubernatorial candidate Russ Weeks, submitted that formal notification on April 10.
Robb, a Democratic candidate for the 2nd Congressional District, will ask the court to overturn the $16-a-day increase - from $115 to $131 - in per-diem payments. The suit also will ask that legislators be ordered to reimburse any additional pay they have received.
The retroactive increase, the suit states, "Amounts to an abuse of office, an offense occurring too often in this state ..."
To contact staff writer Phil Kabler, use e-mail or call 348-1220.
A lawsuit challenging a legislative pay raise that included retroactive per-diem increases of $16 a day for the 2008 regular session will cite four main reasons why the hike should be overturned, according to a draft of the suit obtained by the Gazette.
The suit, which could be filed as early as Monday by South Charleston lawyer Richie Robb, contends the retroactive increase in per-day payments is unconstitutional because:
The retroactive increase, which resulted in additional payments of about $1,100 to most legislators for the session, amounts to extra compensation for legislators. That violates a provision in the state constitution that prohibits increases in the salaries of public officials during their term of office.
The legislation that increased the per-day compensation failed to cite a recommendation from the Citizens' Legislative Compensation Commission for the increase. Under the constitution, the Legislature can act only on pay raise or other compensation increases that are recommended by the citizen panel.
Unlike the $5,000 legislative pay increase that goes into effect in January 2009, the legislation cited no specific date for the per-diem increase to go into effect - effectively depriving taxpayers of their due process rights to challenge the rate increase.
"The stealth which occurred by omitting a clear effective date" for the per-diem increase even caught many legislators by surprise, according to the suit. The suit notes that many legislators stated they were unaware that the per-diem increase was retroactive until they received their final legislative paychecks after the 2008 session had adjourned.
The legislative pay raise bill violates the state constitution because it also includes increment pay increases for state employees.
Under the state constitution, bills to increase pay for legislators or other elected officials "shall contain no provision on any other subject," the suit states.
Because of a state law requiring 30 days' advance notice of intent to file suit against any state agencies or officials, the suit cannot be filed in Kanawha Circuit Court before Monday.
The plaintiff in the suit, former state senator and current Republican gubernatorial candidate Russ Weeks, submitted that formal notification on April 10.
Robb, a Democratic candidate for the 2nd Congressional District, will ask the court to overturn the $16-a-day increase - from $115 to $131 - in per-diem payments. The suit also will ask that legislators be ordered to reimburse any additional pay they have received.
The retroactive increase, the suit states, "Amounts to an abuse of office, an offense occurring too often in this state ..."
To contact staff writer Phil Kabler, use e-mail or call 348-1220.
Post a comment