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District Court: Per Diem Suit Would Intrude on Management of Legislature

By Eric L. Lipman

In a Memorandum Opinion and Order issued last Friday, Judge Kathleen R. Gearin of the Ramsey County District Court dismissed an action challenging recent increases to the amounts that legislators receive for daily expenses.

Last winter, a local advocacy group, two state representatives and four citizen-taxpayers challenged the approvals of a rise in per diem payments for State Senators from $66 to $96 per day and for State Representatives from $66 to $77 per day. The plaintiffs argued that these increases violated the ban on mid-term salary raises for Legislators in Article IV, Section 9 of the state constitution.

Disagreeing, Judge Gearin noted that an earlier Minnesota Supreme Court decision held that ?per diem payments, even when increased significantly, are not increased compensation? under Article IV, Section 9. Moreover, the state courts are obliged to ?refrain from an intrusion into the internal management of the Legislative or Executive branches absent a showing of circumstances compelling our review of the discretionary actions taken.?

The District Court?s complete analysis is accessible here.

Full post as published by Within the Scope on June 03, 2008 (boomark / email).