Gov expects lawsuit over pay raises

ALBANY — Gov. Cuomo on Monday said he expects a decision by a commission to tie pay rates for state lawmakers to various reforms will likely be challenged in court.

The four-member pay commission created by Cuomo and the Legislature as part of this year’s state budget agreed last week to raise the current $79,500 salaries of lawmakers to $130,000 over three years while also restricting legislator outside income and eliminating most legislative stipends.

The governor, who for several years has said any pay raise for lawmakers should be tied to a ban on outside income, called the commission’s action “good news” even as he said he expects some to sue.

“I’m sure there will be a challenge to the commission report because the Republicans in the Legislature don’t want the ban on outside income,” Cuomo said during an appearance on WNYC’s “The Brian Lehrer Show” Monday.

But with the Democrats come January set to control both houses of the Legislature, Cuomo said hey can get around the lawsuit by simply passing legislation that does what the commission enacted, which is adopt the congressional model of restricting outside income to 15% of the legislative salaries.

Some lawmakers have questioned whether the commission has the authority to restrict outside income or eliminate stipends.

“If there’s any question as to the commission’s authority, it’s very simple for them to remedy it, come back in January and pass a separate law that enacts the same congressional limits,” Cuomo said.