Pay it backward

When a special Albany pay raise committee boosted the salaries of legislators from $79,500 to $110,000 this year and imposed a cap on outside income starting next year (along with another $10,000 hike), we said the package deal was worth it: more pay and better ethics.

Some lawmakers didn’t agree. Republican Assemblyman Michael Fitzpatrick and three private citizens sued, saying that the committee (which, ahem, the Legislature had authorized) unconstitutionally usurped the Legislature’s authority. Democratic Assembly Speaker Carl Heastie used $150,000 in taxpayer funds for private lawyers to urge the court to uphold the pay raise.

Eleven other Republicans also sued, taking more a cynical approach. Their suit sought only to block the outside income limit. They were fine keeping the extra dough.

Two cases. Two judges. One outcome. Both judges ruled that the $30,500 pay raise was kosher, but the outside earning restriction wasn’t. Both judges also cancelled the $10,000 raise due in January and again the following January. The special pay committee was defended by Attorney General Tish James. But now she has dropped her appeals, meaning that the raise stays, but the outside earnings cap is gone.

If this stands, Heastie and the 11 greedy Republicans win, and the citizenry loses.

The last hope lies with Fitzpatrick and his co-plaintiffs, represented by the Government Justice Center. They still want to throw out the entire thing, including the $30,500 raise. Good luck. If they don’t succeed, the Legislature must impose its own curb on outside pay. To do otherwise would be robbery.