Joseph Spector

Albany Bureau Chief

ALBANY – A state-appointed commission is quietly considering as much as a 46 percent raise for the state Legislature next year and a similar increase for state agency commissioners.

The seven-person Commission on Legislative, Judicial, & Executive Compensation is reviewing the recommendations from one of its members before it has to release its final decision in mid-November.

Meanwhile, Gov. Andrew Cuomo criticized lawmakers for not speaking up more about their need for their first pay raise since 1999. All 213 seats in the Legislature are on the ballot in November.

Lawmakers receive a base pay of $79,500, but most receive additional compensation – between $9,000 and $41,500 – for serving in leadership roles.

“I think if the legislators believe they deserve a raise, they should make that case to the commission and they should make that case prior to Election Day,” Cuomo told reporters Wednesday in Buffalo.

Pay raises for the Legislature and commissioners of state agencies has been a thorny issue for years.

Every attempt by lawmakers to consider a pay raise has been thwarted, and they finally last year established the pay commission to iron out the details.

►Tensions flare at NY pay-hike meeting

►Cuomo: Late budget hurts case for pay hike

►NY lawmakers reveal outside income

The commission has until Nov. 15 -- a week after Election Day – to issue its recommendations, which would be binding unless lawmakers decide to reject or change them.

The commission is also considering pay raises for commissioners and two statewide elected officials: the state comptroller and attorney general.

For the governor and lieutenant governor, the commission expects to also make pay recommendations, which would then have to be approved by legislative resolution, said Roman Hedges, a former Assembly staffer who serves on the panel.

Hedges recommended lawmakers’ pay increase to $116,900 a year – a $37,400 a year hike – to coincidence with the rate of inflation during the 17 years they haven’t had a raise.

For agency commissioners, Hedges recommended a similar increase: from about $136,000 to $200,000.

The increases would be in line with the percentage increases that public-sector union workers in state government received during the same period, he said.

“I put it out there as a recommendation because I think that’s the only way you get a conversation,” Hedges said.

“What do I think the right number is? I don’t know if I have an exact one, but I think that’s the right flavor. It’s been a long time.”

A hefty pay raise for the state Legislature – which has been embroiled in scandal – roiled good-government groups, who said any increase should be coupled with reforms to the troubled Capitol.

The two former legislative leaders, Senate Majority Leader Dean Skelos and Assembly Speaker Sheldon Silver, were both convicted in separate corruption cases last year.

Sen. George Latimer, D-Rye, said he wouldn't accept a pay raise if it's approved, saying the Legislature doesn't deserve it.

"If there’s a salary increase, I’m not going to accept anything more than I get now," said Latimer, who gets the $79,500 salary plus $12,000 as the ranking member on the Senate Education Committee.

Any pay raise should also include a ban or limit on lawmakers’ outside income and an end to the stipends they receive for leadership posts, such as committee chairmanships, said Susan Lerner, executive director of Common Cause/NY.

Lawmakers are considered part time under the state constitution, and therefore they can also work in the private sector. Some lawmakers outside income has been at the heart of many of Albany’s scandals.

Also, the so-called “lulus” many lawmakers receive for leadership roles have long been criticized as a way the heads of the Legislature can punish or reward rank-and-file members. The legislative leaders themselves appoint lawmakers to the positions, giving the leaders power in the chambers.

Lawmakers who live outside the Albany area also get $172 for each day they spend at the Capitol for food and lodging, and that system has been abused by some legislators.

“There should be a correlation between what you’re being paid and the other sources of money for you,” Lerner said. “It’s an opportunity to examine the lulus.”

Another issue is what state lawmakers from New York City and its suburbs are paid compared to upstate members, where the cost of living is much less.

In February, for example, the New York City Council raised their pay by $36,000 -- to $148,500 a year. But the deal also included a ban on outside income, an end to the stipends and changing their status from part time to full time.

Members of Congress are paid $174,000 a year and have a cap on outside income.

Cuomo, whose salary is $179,000, has been pressing for higher salaries for his agency commissioners, saying he has been unable to recruit top candidates because they can earn higher incomes in the private sector – particularly in the New York City area.

In some cases, deputy commissioners make more than the agency heads because of civil-service salary increases for deputies.

“My salary structure is not competitive to get the kind of people we want in state government,” Cuomo said.

“So I’ll go first: I’m going to argue to the commission that we have to pay commissioners more to get top-flight people.”

Some lawmakers were miffed by Cuomo’s criticism that they have not advocated for a pay raise.

Assemblyman Kevin Cahill, D-Kingston, said while he believes lawmakers deserve a raise, the Legislature and Cuomo agreed to let the commission work out the details, contending Cuomo is now trying to play politics.

After the recommendations are released, then lawmakers can speak on whether they support the salary or not, Cahill said.

“This is the time for the pay commission to speak,” Cahill said. “Legislators, if they disagree, will have their opportunity to speak.”

Assembly Speaker Carl Heastie, D-Bronx, said a pay raise is long overdue.

"Members work in Albany during the legislative session and in their districts throughout the year serving their constituents," Heastie said in a statement.

"Pay raises are a concern for the governor’s administration as well. The commission was created to determine what the pay scales should be, and it should be allowed to do its work."