18% pay cut to hit state officials
Brown rejects legislators' challenge; lower salaries to take effect next month
Published: Friday, November 20, 2009 at 4:03 a.m.
Last Modified: Friday, November 20, 2009 at 4:03 a.m.
SACRAMENTO -- State legislators and other elected state officials will get an unexpected 18 percent pay cut next month after lawmakers' challenge of a salary reduction backfired.
Legislative leaders had challenged the authority of the state's independent pay commission after it voted in May to trim salaries for those elected in 2010 and beyond.
But Attorney General Jerry Brown responded Thursday with an opinion that said the panel has the power to cut officeholders' compensation now, without waiting until after the next election.
The chairman of the Citizens Compensation Commission immediately asked the state controller to shrink the affected salaries, which include Brown's, in December.
"We're broke," said Chairman Charles Murray. "This cut needs to happen now. It's the right thing to do."
A spokeswoman for the controller's office, which was scrambling to ensure the necessary technical switch could be done in time, said it plans to cut lawmakers' base salary from $116,000 to $95,000 as of Dec. 7.
The governor's annual pay will go from $212,100 to $173,900, although Gov. Arnold Schwarzenegger does not accept a salary.
The lieutenant governor's pay will drop from $159,100 to $130,400, and the attorney general will earn $151,100 instead of $184,300.
The cuts also will apply to the state treasurer, controller, secretary of state, insurance commissioner, superintendent of public instruction and Board of Equalization members.
Reviewing opinion
Senate President Pro Tem Darrell Steinberg, D-Sacramento, whose base salary would go from $133,600 to $109,500, refused comment. He already has taken a voluntary 5 percent cut.
His spokeswoman, Alicia Trost, referred calls to Senate Secretary Greg Schmidt.
"I don't know how we will proceed yet," said Schmidt, who did not rule out a court challenge. "There are multiple opinions on these matters."
Assembly Speaker Karen Bass, D-Los Angeles, declined to be interviewed or comment directly on Brown's letter. But spokeswoman Shannon Murphy said in a statement that Bass will review Brown's opinion.
"We will obviously follow the law and the Constitution -- as every state agency has the duty to do, including the compensation commission," Murphy said.
He said legislators probably will meet to discuss the issue early in December.
Proposition 112 cited
When the pay commission voted on the cuts in May, its members were advised by a state personnel attorney that the reduction could apply only to those elected starting next year. Schmidt and the chief administrative officer of the Assembly, Jon Waldie, sent a letter to Brown, approved by Bass' staff, requesting an opinion on the matter.
On Thursday, Brown said the state Constitution allows the seven-member Compensation Commission, which is appointed by the governor, to reduce the salaries of legislators and other elected officials in the middle of their terms.
Brown pointed to California voters' 1990 approval of Proposition 112, which requires the commission to "adjust the annual salaries of state officers" each year.
"Any other interpretation would require assuming against all evidence that the voters in 1990 intended midterm annual adjustments to only go up and never down, even in the face of a faltering economy and huge budget deficits," Brown wrote to legislative leaders.
He did not address a legislative challenge to another cut the commission approved: An 18 percent reduction in legislators' per-diem and car allowances, which also are set to begin next month.
Those matters are more complicated, said Brown aide Christine Gasparac, who said Brown may issue a future opinion addressing them.
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