Officials' deadline to secure raises set

AG office: 15% cap after Feb. 2

Legislators and judges looking for big pay raises will need the state's citizen commission to make recommendations by early next month, according to a recent attorney general's advisory opinion.

Asked whether salary change recommendations would be limited after the Independent Citizens Commission's first 90 days, the Arkansas attorney general's office found that any recommendation for a change in salaries would be capped at 15 percent if it came after Feb. 2.

"The Commission always has discretion about whether to adjust a given salary," state attorneys wrote. "But, when it comes to the amount of the salary adjustment, the Commission's authority does have limits."

Simply put, a reading of Amendment 94, which was enacted by voters Nov. 4, compels the seven-person commission to determine salaries and other expense reimbursements for elected officials no later than Feb. 2.

If the commission does not make any decisions by then, it can still change salaries for lawmakers and judges, but changes could not exceed 15 percent.

Sen. Jon Woods, R-Springdale, who co-wrote the amendment that was passed by popular vote in November, said he was pleased to have an answer.

He said that the findings from the attorney general's office were in line with his intent when he and Little Rock Democrat Rep. Warwick Sabin wrote the language.

It wasn't until the first meeting of the citizens commission on Dec. 18 that several constituents, as well as other lawmakers, approached Woods with a different reading of what the timeline facing the commission was.

The commission will have to make recommendations on reimbursements such as mileage and per diem for legislators by Feb. 2 as well.

Once the commission makes a recommendation for changes in salary, a public comment period will begin, one which could last weeks, even months, and will allow the commissioners to return and modify their recommendations, Woods said.

"As far as determining the salary, I think there's enough time allowed there to do that," he said.

"My intention [was] for [the commission] to be in and out. To be efficient."

Woods modeled the state's citizen commission after one formed in Oregon in 2008.

That commission re-adjusted salaries after a series of meetings in just over two months.

When asked if the opinion released Monday meant that the commission was under the gun, Woods said it seemed so, but that they already knew the clock was running.

"I think the pressure was there; I think everyone knew it had to be done by Feb. 2," Woods said.

"I don't think it's a new pressure; it's just the reality of the situation."

The vice-chairman of the commission, Chuck Banks, declined to comment on the opinion until he had a chance to discuss it with fellow commissioners.

The group will have its third meeting Wednesday at 8:30 a.m. in room 151 of the state Capitol building.

Metro on 01/06/2015

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