It does appear that our state Controller has basically said "No Dice" to the governor's plan to punish state workers for his own leadership failures.
While the governor is poised to order the cuts on Monday, state Controller John Chiang, who is responsible for disbursing state workers' paychecks, said Thursday that he will refuse to go along with the governor, setting up a political standoff and a possible legal fight.
"The authority to issue people's paychecks is mine. I have both constitutional and statutory authority," said Chiang, a Democrat. "Frankly, (the governor) is just trying to make me do something that's improper and illegal."
The same exact thing happened in 2003, with Steve Westly refusing to cut salaries as then-Gov. Gray Davis requested. And Westly got his way until the budget was eventually signed on August 2. This basically throws the whole issue into the courts and delays the implementation of any salary cut. And that's a legal fight I relish having. For too long the chief executive of the state - and in some cases, the legislature - has absolutely overstepped their authority with regard to fiscal matters. The most egregious example is their raiding municipal government and transit funds to fill in the cracks of the budget deficit, which leads to ridiculous outcomes like cutting bus service at a time when mass transit should be expanding.
But Chiang standing with workers and holding on to his authority as a statewide elected official is just as important. We elect a governor, not a king, and this encroachment on the jurisdiction of other constitutional officers is illegal and increasingly dangerous. State workers who are rallying against the proposed cuts should understand that they have a champion in John Chiang, and that his decision deserves their support. The California Democratic Party has a petition you can sign to stand with the Controller in this effort.
UPDATE: As informed by the CDP, State Sen. Dean Florez asked the Legislative Counsel for an opinion on Schwarzenegger's authority to slash wages, and the Counsel agreed that he didn't have it:
SACRAMENTO - Senator Dean Florez, D-Shafter, sought to alleviate the fears of state workers contemplating how to pay their bills on the federal minimum wage, while heading off a potential lawsuit between the Governor and Controller at a time the state can least afford it, by releasing a Legislative Counsel opinion stating that the Governor does not have the power to order such a cut to workers' salaries.
"If the Governor really intended this as more than a 'motivational' gimmick, he clearly did not do his homework," said Florez. "He is making reckless and false threats against the people who keep our state running, causing undue grief to innocent people -- many of whom are already struggling to get by - and I really believe he owes them an apology." |
