StarBulletin.com

Lawmakers idling on cutting pay raises


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POSTED: Sunday, January 11, 2009

Calls for state legislators, judges and executives to cancel $4 million worth of pay raises appear to be going unanswered.

Last October, House Speaker Calvin Say floated the idea that legislators not take a 36 percent pay raise that was to go into effect on the first day of January.

Then last month, Gov. Linda Lingle raised the ante, saying she would introduce legislation to suspend future pay raises for legislators, executives and judges for two years, for a savings of $4 million.

Although there was no legislation in place when the legislators' $12,808 pay raise went into effect, Lingle asked last month that they “;for go the 36 percent salary increases.”; She said that would save $486,704.

Lawmakers say the issue is not that simple and may be unconstitutional. But so far, there have been no organized discussions about it.

“;We haven't discussed it with the majority caucus,”; said Say (D, St. Louis Heights-Wilhelmina Rise-Palolo Valley), adding that House Democrats will eventually talk about it in their closed caucus.

Senate President Colleen Hanabusa, who also said that she has heard little talk or enthusiasm for rejecting a pay raise, said it is unfair and unconstitutional to cut the pay of just the Legislature. She said if there are going to be reductions, it would have to be an equal amount, spread among lawmakers, judges and members of the executive branch whose pay is also set by the salary commission.

“;I don't know if the Legislature or the administration has taken a position on an across-the-board cut,”; cautioned Hanabusa (D, Nanakuli-Makua).

Sen. Donna Mercado Kim, chairwoman of the Ways and Means Committee, says the issue is complex.

The pay raises came after the state Constitution was amended in 2006 to set up a salary commission to recommend salaries. Since the Legislature did not reject the pay raise in 2007, it automatically went into effect. Since 2007, the state's 90 judges and 42 executives, including Lingle, have gotten two pay raises.

Kim said the law says state employees either take the raise or they don't; there is no option to pick which part of which raise will be given.

“;If we go retroactive and deny the entire salary, do we have to go back and deny the entire increase (including judges and executives)?”; asked Kim (D, Kalihi Valley-Moanalua).

Both Kim and Hanabusa say they know the public isn't interested in the fine points of the legal argument, but they still have to obey the law.

“;I know the public is saying we should just cut,”; Kim said.

Hanabusa said chopping salaries of the state's public executives “;would send a powerful message to Hawaii workers,”; but she questions how to do it legally.

Meanwhile, Sen. Sam Slom (R, Diamond Head-Hawaii Kai) says he will introduce legislation to cut the planned pay raises, but expects no action.

“;It will go nowhere. No one is listening to the governor, particularly the Legislature or the Judiciary,”; Slom said.

When asked if he thought the pay-raise cuts would be an important source of savings, Slom said “;no.”;

“;You are talking about just $4 million,”; he said.

Linda Smith, Lingle's senior policy adviser, said the governor's planned legislation would call only for the suspension of future pay raises and not include any retroactive cuts.

Hanabusa said Lingle is “;privately admitting that calling on the Legislature to give up the recent raise was a mistake”; because state executives had two pay raises before the legislators got their January increase.

“;She has left the public with the unfair and inaccurate impression that accepting the pay adjustment was somehow self-serving,”; Hanabusa said.

Lenny Klompus, Lingle's senior communications adviser, said that in private meetings with legislators, Lingle said she had not realized that that their pay increase was coming in January.

“;She told them she understood it and respected it and would not say anything else about it,”; Klompus said.