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Albany Times Union - Wednesday, December 19, 2001 Lawsuit attacks legislative payrolls By ELIZABETH BENJAMIN, Capitol bureau Albany-- Gubernatorial hopeful says members of minority parties have "second-class'' status. A gubernatorial hopeful is challenging the legislative tradition of shortchanging lawmakers in the minority party, arguing that they cannot adequately represent their constituents. John "Jack'' Cheevers, a Broome County Democrat, contends in a lawsuit filed against the state Tuesday that the practice of providing higher pay and more staff for legislators serving in leadership roles -- which are given mainly to majority members -- violates his constitutional rights to equal protection and free speech. Because all legislators represent roughly the same number of people per district and have approximately the same job description, Cheevers said, they all should receive the same amount of money. Cheevers said the role of his assemblyman, Republican Jay Dinga, and other members of the minority is so compromised in the Democrat-controlled house that they "might as well stay home.'' "I'm being deprived of my rights,'' said Cheevers, who is also the town supervisor of Union, adjacent to Binghamton. "Because my assemblyman is a second-class assemblyman, my vote is a second-class vote.'' Dinga agreed with Cheevers' allegation that the way money is divided up to pay Assembly staff members is "unfair.'' But, Dinga said, he does not disagree with the fact that committee chairs and other leaders should receive additional pay. "I understand the difference between ranking members and chairs and those without committees,'' Dinga said. "The part that is blatantly unfair is staff allocation. The majority members have the luxury of spreading the workload over a larger staff. I have to do the same amount with two-and-a-half people, if I'm lucky.'' Sen. Thomas Libous also represents Cheevers' hometown, but Libous is a Republican and therefore a member of the Senate majority. Cheevers drove to Albany with his wife, Nadeen, Tuesday to serve his lawsuit to those named in it, including state Assembly Speaker Sheldon Silver, D-Manhattan; state Senate Majority Leader Joseph Bruno, R-Brunswick; and Democratic state Comptroller H. Carl McCall. The lawsuit seeks to have disparate cash allowances declared unconstitutional and to permanently enjoin McCall from paying unequal amounts to members of the Legislature. Aspokeswoman for McCall said his office was unaware of the suit. Silver's spokesman, Charles Carrier, said the speaker's office had received Cheevers' lawsuit and it is being reviewed. Bruno spokesman John McArdle called the suit "frivolous'' and said it appeared to be a stunt simply to boost Cheevers' statewide name recognition. Cheevers, 66, is seeking the Democratic nomination for governor in 2002 along with two well-known politicians: McCall and former U.S. Housing Secretary Andrew Cuomo. |
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