High court to hear Legislature's line-item veto suit

            Email this articleClick to send
            Print this articleChoose File Print or Ctrl P or Apple P 
            Most popular pagesToday | This Week

      High court to hear Legislature's line-item veto suit 
      Robbie Sherwood 
      The Arizona Republic 
      May. 24, 2006 12:00 AM 
      Republican legislative leaders who accused Gov. Janet Napolitano of 
      illegally using the line-item veto to rework a state employee pay raise 
      earlier this year will get their day in court.

      The Arizona Supreme Court announced Tuesday that it will hear the 
      Legislature's case. The court did not set a date for oral arguments. 

      Napolitano had used her line-item veto to remove a GOP-backed reform 
      measure in the $225 million pay hike that went into effect in March. 
      Senate President Ken Bennett and House Speaker Jim Weiers said the move 
      was unconstitutional because the line-item veto is for spending proposals, 
      not policy changes. 

      "I think it's very encouraging and very appropriate that they take the 
      case," said Bennett, R-Prescott. 

      "Her line-item veto was clearly not constitutional because it does not 
      involve an item of appropriation."

      Napolitano has defended the veto in the past saying that the reform 
      measure would have cost the state money and was therefore, technically, an 
      appropriation eligible for veto. Republicans had inserted a clause in the 
      pay package that would have made new hires who make more than $47,758 no 
      longer subject to the state employee merit system, similar to 
      private-sector employees who can be fired for any reason.

      Most state hires in higher salary ranges are political appointees who are 
      not part of the merit system, but the measure would have had an impact on 
      about 200 employees. 

      Napolitano said employees who are not covered by the merit system cost the 
      state money because they accrue vacation and leave time at a faster rate 
      than those on the merit system.

      Weiers and Bennett, who both pushed for the suit, said it was a victory to 
      even get their case before the court. 

      In 2003, the Legislature sued Napolitano over line-item vetoes, but the 
      Supreme Court declined the case because it did not get permission from a 
      legislative majority to sue. This time the leaders put the case to a vote 
      before filing suit.

      Ironically, Napolitano was the lawyer for Senate Democrats when they sued 
      Republican Gov. Fife Symington, who had used the line-item veto to nix 
      budget cuts approved by the Legislature. Napolitano and the Democrats 
lost.
            Email this articleClick to send
            Print this articleChoose File Print or Ctrl P or Apple P 
            Most popular pagesToday | This Week