State Comptroller Thomas P. Dinapoli on processing payment to State Senators for certain monies

State Comptroller Thomas P. Dinapoli on processing payment to State Senators for certain monies
Source: Office of the State Comptroller press release

The State Comptroller has directed his staff to stop processing any Senate vouchers, including those for the Senators’ travel expenses. As of July 2, 2009 the Comptroller reports that more than 250 vouchers, totaling $560,000 are awaiting processing.

As to the issue of withholding the compensation due the Senators, the Comptroller said that there are “complicated legal and constitutional issues” to be reviewed and that his staff has been meeting with Governor Paterson’s staff to resolve those issues.

In addition, the Comptroller said that he has taken action to hold up transmittal of the Senators’ compensation and has initiated legal action in an effort to obtain a declaratory judgment clarifying his obligations with respect to making such payments as would otherwise be the case.

§5 of the Legislative Law provides for the compensation of members. Effective January 1, 1999, each member of the legislature is to receive an annual salary of $75,000, payable in twenty-six bi-weekly installments. In the event a budget is not passed by the Legislature by the first day of the State’s fiscal year, such payments are to be suspended except that payroll deductions for federal taxes, state taxes, social security taxes, city taxes, payments on retirement loans, retirement contributions, contributions to health insurance or other group insurance programs, child support and court ordered payments shall be processed and paid as otherwise required.

Once the budget has been passed by the Legislature normal bi-weekly salary installment payments are resumed and an amount equal to the accrued, withheld and unpaid installments “shall be promptly paid to each member.”

Presumably the Comptroller would adopt a similar procedure in the event the basic compensation of the Senators is discontinued by the Comptroller or by the court.