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Budget bedlam: Controller not authorized to dock lawmakers' pay, judge says
California state controller John Chiang (D) looks on as Governor Jerry Brown speaks. A judge has tentatively found that Chiang overstepped his bounds in withholding pay from over 100 lawmakers when they submitted an unbalanced budget.
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Justin Sullivan/Getty Images
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California state controller John Chiang (D) looks on as Governor Jerry Brown speaks. A judge has tentatively found that Chiang overstepped his bounds in withholding pay from over 100 lawmakers when they submitted an unbalanced budget.
(
Justin Sullivan/Getty Images
)
California’s controller had no authority to dock lawmakers’ pay during last year’s budget impasse, according to a tentative ruling issued Tuesday by a Sacramento superior court judge.
Last year, lawmakers each lost about $4,800 when Controller John Chiang withheld their pay. Chiang believes that a new state law (Proposition 25) requires him to block legislators' pay when they fail to enact a "balanced budget” by a constitutional deadline of June 15.
But lawmakers did pass a budget by the deadline, one they say was balanced.
The governor subsequently vetoed it, which prompted the controller to deem it unbalanced and forfeit the lawmakers’ pay last year.
In a tentative ruling, Judge David Brown calls the decision “erroneous” and says it violates the Separation of Powers Act.
In a written release, Controller Chiang says the ruling "flies in the face of the voters' will,” adding that Proposition 25 is “clear. No balanced, on-time budget — no pay for lawmakers.”
A hearing on the tentative ruling is set for 2 p.m. on Wednesday in Sacramento Superior Court.
Correction: This post originally state that the controller forfeited the balance this year. Apologies.
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