Five Assembly Republicans sought a legal opinion Tuesday on whether state Controller John Chiang can cut legislative pay.
The five lawmakers asked Attorney General Kamala Harris to opine on whether Chiang has the authority to determine whether a proposed budget is balanced and, if he determines it is not, whether he has the power to freeze pay.
"We are concerned that this issue is likely to return in future budgets proposed by the state Legislature," said the letter, which focuses on the question of authority without seeking to regain the $4,830 in pay that each lawmaker will have lost this month if the Legislature passes a budget sometime today.
Signers were Republicans Donald Wagner of Irvine, Allan Mansoor of Costa Mesa, Diane Harkey of Dana Point, Chris Norby of Fullerton, and Mike Morrell of Rancho Cucamonga.
The letter concluded, "As it is the duty of the California Attorney General to protect and defend the laws of California and act as the state's legal counsel, we respectfully request a formal opinion from your office."
In a separate statement, released Tuesday night, the five Republican Assembly members said the legal question about voters' intent "will eventually have to be decided" and that "we believe the time is now to get that decision."
"We do not ask the Attorney General to rule on the forfeited pay," they reiterated. "We are not seeking salary reimbursement."
Saulo Londono, Mansoor's spokesman, said that his boss along with Harkey and Wagner would like to see the nonpartisan Legislative Analyst's Office -- not a partisan state controller -- be given responsibility to determine whether a proposed budget is balanced.
Robin Swanson, spokeswoman for Democratic Assembly Speaker John A. Pérez, said she was not aware of the Republicans' letter and had no comment on it.
Chiang, a Democrat, blocked legislative pay after establishing a new role for his office, under propositions 25 and 58, to determine whether a legislative budget is balanced.
Legislators typically receive about $260 per day in salary and $142 in tax-free travel and living expenses.
The GOP letter is in keeping with a description of Harris' duties on the AG's web site, which said "she provides legal opinions upon request to designated state and local public officials and government agencies on issues arising in the course of their duties.
"The formal legal opinions of the Attorney General have been accorded 'great respect' and 'great weight' by the courts," the website said.
The AG's office had no immediate comment on the GOP request.
Read the full letter at this link.
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