NYS commission soon to decide on salary raises for state lawmakers, officials

ALBANY — A commission will soon decide if state legislators, the governor and other statewide elected officials should get raises to their salaries, which are already among the highest among states.

The salary analysis and review by the state Commission on Legislative, Judicial, & Executive Compensation is required by law every four years after general elections. Supporters said the goal is to take the decision out of the hands of governors and the State Legislature where fear of political backlash kept salaries unfairly law.

However, some critics at the first of two public hearings held earlier this month called for the commission not to approve raises until limits are placed on outside income. The State Legislature in 2022 capped outside income at $35,000, but the law is being challenged in court by Republican legislators, who say it's unconstitutional.

The commissioners are appointed by the governor, legislative leaders and chief judges. The commission will decide on Nov. 15 whether the officials should get raises, how much they should get, or recommend they get no raises.

Its finding will have "the force of law," according to the statute that created the commission in 2019.

New Yorkers can weigh in. The next and final public hearing is Nov. 7 at the New York City Bar Association offices in Manhattan. The hearings are also streamed live at http://www.nyscommissiononcompensation.org and the public can comment online through nyscompensation@gmail.com.

Currently, the governor, now Democrat Kathy Hochul, is paid $250,000 annually, the highest salary for governors in any state, according to the National Conference of State Legislatures. Seven years ago, the governor was paid $179,900 per year. By comparison, California Gov. Gavin Newsom is paid $218,556 and the next highest paid governor is in Pennsylvania, where Gov. Josh Shapiro is paid $213,026, according to testimony by the New York State Division of Budget.

In the State Legislature. 63 senators and 150 Assembly members are paid a base salary of $142,000 plus a daily expense payment — called a per diem — of $117 for lodging and $86 for meals while working in Albany. That’s the highest salary among all state legislatures, according to the National Conference of State Legislatures. Seven years ago, legislators were paid $79,500.

California legislators are paid $128,215 plus a $214 per day on working days in Sacramento. Massachusetts pays $73,655 without per diems or mileage reimbursement, while Pennsylvania pays $106,422 with a $185 per diem. Florida legislators are paid $29,697 per year and a per diem of $80 while Texas pays $7,200 per year and a $221 per diem.

New York’s lieutenant governor, attorney general and comptroller are each paid $220,000. Direct comparisons with other states is difficult because the jobs differ. Seven years ago, the positions paid $151,500. Those jobs are now held by Lt. Gov. Antonio Delgado, Attorney General Letitia James and Comptroller Thomas DiNapoli, all Democrats. 

Top state administrators, including commissioners, are paid $159,900 to $220,000, up from $90,000 to $136,000 before the commission. Supporter said low salaries hindered hiring the best talent.

The commission in December raised the salaries of lower-level trial level judges in each county and borough under what New York calls the Supreme Court. The judges will be paid $232,600 beginning in April, compared with $174,000 before the commission. In addition to the 10.3% raises over the 2020 salaries, 2% raises were approved beginning in 2026 that would raise the salaries to $237,252.

Commissioners have noted that in some comparable states, in Congress and for some judgeships cost-of-living increases are paid out annually, unlike for New York state elected officials and departments heads.

"So, it isn't a yearly struggle and a yearly political fight with all the consequences, where people are constantly worrying whether or not they can make enough money to live in Washington, D.C.," said Commission Chairman Eugene M. Fahey, a retired Court of Appeals judge.

In a public hearing in October in Albany, two good-government advocates told the commission that there should be no pay raises for legislators or elected statewide officials until their outside income — often from law firms or companies where they work — is limited.

Republicans are arguing in court that the limit unconstitutionally deprives legislators of earning a living and would force members to resign their public jobs. Republican legislators, many of them lawyers, have often held outside jobs more often than Democrats.

"We believe that pay increases without greater safeguards to better ensure elected officials put the public before their private pocketbook interests would be unwarranted and irresponsible," said Rachael Fauss of the Reinvent Albany good-government group. "The public basically made a deal with the Legislature to support pay raises in return for limits on outside income."

Blair Horner of the New York Public Interest Research Group noted that many legislators work for law firms and companies that are impacted by their legislative actions.
"This potential conflict exists in Albany and the convictions of elected officials underscore how lucrative it can be for lawmakers to inappropriately use the powers of their public office for private gain," Horner said. "Legislators routinely consider proposals that may have an impact on their outside business interests."

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.