On Wednesday, a judge issued a temporary ruling that nullified a portion of the pay raise granted to New York state legislators.
On January 1st, lawmakers will begin adhering to the agreement to restrict their outside income to $35,000 per year, in addition to their legislative salaries. This limitation was put in place in exchange for a raise. However, there are some exceptions to this rule.
Justice Alison Napolitano has put the outside income cap on hold in court until a final ruling is issued in the case, providing temporary relief.
Dennis Vacco, a former Attorney General who is currently a partner at Lippes Mathias LLP, is heading the firm’s government and corporate investigations unit and is representing the plaintiffs who are against the cap.
He expressed his happiness about the outcome by saying, “We’re thrilled. We believe that we will ultimately succeed in this matter.”
For now, according to Vacco, the decision will simply preserve the current situation.
He stated that reducing any confusion and compelling clients to make life-changing decisions that cannot be reversed is a crucial measure.
The state attorney general’s office, representing the defendants, contends that the cap is crucial to prevent conflicts of interest and ethical dilemmas that may arise from legislators’ outside earned income.
In their verdict, they also criticized the notion that the restriction is in violation of the constitution.
The document asserts that the Legislature’s decision to impose a law aimed at maintaining its members’ discipline and safeguarding its reputation should not be challenged by the courts.
Efforts to obtain comments from the attorney general’s office, Assembly Speaker Carl Heastie, and a representative for Senate Majority Leader Andrea Stewart-Cousins were unsuccessful.
Although Republicans at the top of both chambers are technically defendants, they have separate representation and have made it clear that they support the plaintiffs. Senate Minority Leader Rob Ortt even affirmed this support in a statement he made to Spectrum News 1.
He stated that the concept of citizen legislators over career politicians was encouraged by our founding fathers. This decision validates that principle and safeguards the opportunity for individuals from diverse backgrounds to participate in the state Legislature.
Will Barclay, the Minority Leader of the Assembly, shared a similar view.
In a statement, he expressed his concern regarding the attempt by Albany Democrats to disqualify citizen-legislators in favor of full-time politicians. He emphasized that this move raised serious constitutional questions. He further added that the court’s ruling yesterday was appropriate and recognized these concerns.
Critics of the income limit argue that the state constitution intended to form a Legislature consisting of ordinary citizens who are not solely lawmakers, and that existing disclosure laws already eliminate conflicts of interest.
Former pharmacy owner and now Democratic Assemblymember, John McDonald, expressed his agreement with the concept.
According to him, many fail to acknowledge that the individuals who interact with the common people daily on the field have a better grasp of the problems at hand.
He sees the $35,000 cap as a suitable compromise.
He expressed his concerns, saying that if there were to be a complete prohibition, the Legislature would become disconnected from the public. He added that everyone has their own distinct style and preferences. According to him, this compromise is something that we can all collaborate on.
The court has summoned the parties involved to appear on September 30, 2024.
