Controller John Chiang sued over blocking legislators' pay

4:46 PM, Jan 24, 2012   |    comments
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SACRAMENTO, CA - Top state lawmakers filed suit against the state controller Tuesday for blocking their pay during last year's budget dispute.

At the time, State Controller John Chiang claimed he had the authority to withhold pay if lawmakers did not pass a balanced budget by June 15. John Chiang claimed Proposition 25, which voters approved in 2010, gave him that power.

Senate President Pro tem Darrell Steinberg, D-Sacramento, and Assembly Speaker John Perez, D-Los Angeles, the plaintiffs in the case, claim Chiang overstepped his authority and illegally withheld their pay.

"Our lawsuit affirmatively and intentionally does not seek back pay," said Steinberg. "It does, however, ask the court to clarify the complex but vital separation of powers questions raised by the controller actions last June."

After the suit was filed in Sacramento County Superior Court, Chiang issued the following press release, in part: "I welcome the review of Propositions 25 and 58, which voters enacted to ensure on-time and balanced budgets. The issue before us is not the role of my office, but how to enact the will of the voters.

"While nothing in the constitution gives me the authority to judge the honesty, legitimacy or viability of a budget, it does clearly restrict my authority to issue pay to legislators when they fail to enact a balanced budget by the constitutional deadline of June 15."

CTNS