Ruling in favor of outside income limits could affect 38 NYS legislators
The New York State Assembly Chamber in Albany is seen on June 20, 2023. A court decision has affirmed a $35,000 cap on outside income for all state legislators.` Credit: AP/Hans Pennink
ALBANY — As many as 38 members — nearly 18% of the State Legislature — would have to forgo lucrative outside jobs or quit the Legislature under a court decision that affirms a cap on outside income as a tool against conflicts of interest.
Republican legislative leaders had sued to try to eliminate the $35,000 cap on outside income that was part of a 2022 measure that raised their base income to $142,000, the highest salary for state legislators in the nation.
Senate Republican leader Rob Ortt, of North Tonawanda, and Assembly Republican leader Will Barclay, of Pulaski, who brought the lawsuit, said they would appeal the judge’s decision.
Assembly Speaker Carl Heastie said Thursday that 38 senators and Assembly members out of 212 total have continued employment outside the Legislature that exceed the $35,000 cap. The outside income is often from law firms at which that part-time income exceeds their pay as a legislator, state ethics reports have shown.
The cap could hit Long Island legislators, many of whom have jobs with law firms. Traditionally, those jobs involved helping land clients, in part because of their public job that keeps lawmakers in Albany for most of six months during the regular legislative session.
"The thing that I am most worried about is the disruption and continuity of government," Heastie, a Bronx Democrat, told reporters Thursday. "If we don’t figure out something on this, 38 legislators could decide to quit tomorrow."
"I’m not at a point of considering anything as of yet, but it’s a serious issue I think we may have to deal with because it would be very drastic if 38 members decided to leave tomorrow," Heastie said.
There was no immediate comment from the Senate’s Democratic majority.
The cap on outside income was part of a 2022 pay raise for lawmakers that increased their base salaries to $142,000 a year, from $110,000. Most New York state legislators also collect thousands of dollars more in per-diem payments for work in Albany and other payments.
The cap on outside income was effective Jan. 1, but the court put a stay on enforcement until the Republicans’ arguments could be heard.
The Republicans said the cap on outside income is unconstitutional.
State Supreme Court Justice Alison Napolitano, a Republican in Suffolk County, disagreed.
She granted a motion by the state Attorney General’s Office requesting the court reject the lawsuit, according to the decision. Such summary judgment means a judge reviewed arguments from both sides and found a trial wasn’t necessary to rule on the merits of the lawsuit.
The Republicans "have failed to raise a triable issue of fact," the judge said in her written decision dated March 5. She said complying with the cap on outside income "shall be a condition" of sitting legislators.
"The Legislature is vested with the inherent authority to ‘self-police’ and discipline it's members," the judge stated.
Ortt and Barclay argued the court decision rewrites the state constitution without the lengthy, open process of amending the state’s highest law.
"The state constitution makes it clear that state legislators are part-time," Ortt stated in a statement. He said the senators and Assembly members are "citizens legislators," and reducing the ability to make outside income would create a Legislature run by "professional politicians."
Republicans will appeal to a panel of judges in the midlevel Appellate Division court. Because the Republicans claim their case is a constitutional issue, either side who loses at that level could try to have the case heard by the state’s highest court, the Court of Appeals.
The decision states that, although the Senate and Assembly can discipline members for violating the cap with measures including expulsion, members who violate the cap can’t have their voting power suspended indefinitely until they comply with the cap.
ALBANY — As many as 38 members — nearly 18% of the State Legislature — would have to forgo lucrative outside jobs or quit the Legislature under a court decision that affirms a cap on outside income as a tool against conflicts of interest.
Republican legislative leaders had sued to try to eliminate the $35,000 cap on outside income that was part of a 2022 measure that raised their base income to $142,000, the highest salary for state legislators in the nation.
Senate Republican leader Rob Ortt, of North Tonawanda, and Assembly Republican leader Will Barclay, of Pulaski, who brought the lawsuit, said they would appeal the judge’s decision.
Assembly Speaker Carl Heastie said Thursday that 38 senators and Assembly members out of 212 total have continued employment outside the Legislature that exceed the $35,000 cap. The outside income is often from law firms at which that part-time income exceeds their pay as a legislator, state ethics reports have shown.
WHAT NEWSDAY FOUND
- As many as 38 members — nearly 18% of the State Legislature — would have to forgo lucrative outside jobs or quit the Legislature under a court decision that affirms a cap on outside income as a tool against conflicts of interest.
- Republican legislative leaders had sued to try to eliminate the $35,000 cap on outside income that was part of a 2022 measure that raised their base income to $142,000, the highest salary for state legislators in the nation.
- Senate Republican leader Rob Ortt and Assembly Republican leader Will Barclay, who brought the lawsuit, said they would appeal the judge’s decision.
The cap could hit Long Island legislators, many of whom have jobs with law firms. Traditionally, those jobs involved helping land clients, in part because of their public job that keeps lawmakers in Albany for most of six months during the regular legislative session.
"The thing that I am most worried about is the disruption and continuity of government," Heastie, a Bronx Democrat, told reporters Thursday. "If we don’t figure out something on this, 38 legislators could decide to quit tomorrow."
"I’m not at a point of considering anything as of yet, but it’s a serious issue I think we may have to deal with because it would be very drastic if 38 members decided to leave tomorrow," Heastie said.
There was no immediate comment from the Senate’s Democratic majority.
The cap on outside income was part of a 2022 pay raise for lawmakers that increased their base salaries to $142,000 a year, from $110,000. Most New York state legislators also collect thousands of dollars more in per-diem payments for work in Albany and other payments.
The cap on outside income was effective Jan. 1, but the court put a stay on enforcement until the Republicans’ arguments could be heard.
The Republicans said the cap on outside income is unconstitutional.
State Supreme Court Justice Alison Napolitano, a Republican in Suffolk County, disagreed.
She granted a motion by the state Attorney General’s Office requesting the court reject the lawsuit, according to the decision. Such summary judgment means a judge reviewed arguments from both sides and found a trial wasn’t necessary to rule on the merits of the lawsuit.
The Republicans "have failed to raise a triable issue of fact," the judge said in her written decision dated March 5. She said complying with the cap on outside income "shall be a condition" of sitting legislators.
"The Legislature is vested with the inherent authority to ‘self-police’ and discipline it's members," the judge stated.
Ortt and Barclay argued the court decision rewrites the state constitution without the lengthy, open process of amending the state’s highest law.
"The state constitution makes it clear that state legislators are part-time," Ortt stated in a statement. He said the senators and Assembly members are "citizens legislators," and reducing the ability to make outside income would create a Legislature run by "professional politicians."
Republicans will appeal to a panel of judges in the midlevel Appellate Division court. Because the Republicans claim their case is a constitutional issue, either side who loses at that level could try to have the case heard by the state’s highest court, the Court of Appeals.
The decision states that, although the Senate and Assembly can discipline members for violating the cap with measures including expulsion, members who violate the cap can’t have their voting power suspended indefinitely until they comply with the cap.
Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.
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