News Summary
South Carolina State Senator Wes Climer has filed a lawsuit against his colleagues, claiming their recent decision to award themselves an $18,000 annual pay raise is unconstitutional. The lawsuit threatens the newly increased in-district compensation, set to take effect soon, which raises per-month allowances from $1,000 to $2,500 for legislators. The controversy raises ethical dilemmas surrounding self-governance as lawmakers navigate whether the increase qualifies as per diem or taxable income. The Supreme Court is now involved, with briefs due to determine the law’s legitimacy.
Columbia, SC – South Carolina State Senator Wes Climer has initiated a legal challenge against his colleagues in the General Assembly, asserting that they are illegally awarding themselves an effective $18,000 annual pay raise. This controversy centers around the newly approved increase in in-district compensation from $1,000 to $2,500 per month for all of the state’s legislators, set to take effect on July 1.
Climer’s lawsuit contends that this substantial raise violates the state constitution, which explicitly prohibits lawmakers from increasing their per diem allowances during a legislative term. The legal implications of this compensation increase are significant, as it would provide House members with 18 months of the enhanced pay and over three years for senators before their re-election bids.
The core issue of the lawsuit revolves around whether this financial increase constitutes per diem meant to cover legislative expenses or is classified as taxable personal income. The legal arguments point to the possibility that legislators may find themselves in a position akin to a judge presiding over their own trial or a police officer investigating their own conduct, raising ethical concerns about self-governance.
Proposed by Republican Senator Shane Martin late in the budget process as a proviso, this raise was justified by asserting a need to address inflation. It marks the first change to the in-district compensation, which had remained unchanged for approximately 30 years. Historically, lawmakers in South Carolina earn an annual base salary of $10,400, a figure that has not been updated since 1990, in addition to reimbursements for various expenses incurred during sessions.
Climer, along with other dissenting senators, expressed that any increase in legislative compensation should have been introduced as a stand-alone bill, allowing for comprehensive public debate and hearings. Both sides of the legal argument are now scheduled to submit briefs by the end of the month, as directed by the South Carolina Supreme Court, in order to seek a resolution before the raise is enacted.
Compounding the issue is the concern over potential repercussions if the raised compensation is later deemed unconstitutional. Lawmakers could potentially face a situation requiring them to “claw back” the payments once disbursed, raising further questions of accountability and legislative integrity.
Aside from the in-district compensation increase, lawmakers are also able to claim additional reimbursements for meals, mileage, and lodging while in session. The South Carolina General Assembly is generally regarded as a part-time commitment, meeting three days a week from January through May.
Reactions to the proposed pay increase have been mixed, with some legislators opting to refuse the additional compensation; out of the 124 House members, 34 chose to opt out. Senators Climer and two other Republican colleagues have taken a stand against accepting the raise. Furthermore, Carol Herring, a retired educator and Republican activist, has aligned with Climer in the lawsuit, emphasizing concerns regarding the perception of legislators transitioning from public service roles to positions primarily viewed as lucrative jobs.
This is not the first time a pay increase for lawmakers has faced scrutiny in South Carolina. A similar attempt was made in 2014 but ultimately vetoed by then-Governor Nikki Haley. The recent budget approved by current Governor Henry McMaster did not veto the proposed in-district compensation raise, leading to further debate over the appropriateness of such financial adjustments at this time.
As the situation unfolds, the implications of this legal challenge may reshape the landscape of legislative compensation in South Carolina, impacting not only current lawmakers but also future candidates considering assembly positions.
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Additional Resources
- U.S. News: South Carolina Senator Sues Over Pay Raise
- WRDW: SC Senator Sues Over Lawmakers’ Self-Approved Pay Raise
- WIS: SC Senator Files Legal Challenge on Pay Raises
- Daily Advance: South Carolina Senator Sues Over Pay Raise
- AP News: Lawsuit Reform in South Carolina
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