PRESS RELEASE FOR IMMEDIATE RELEASE
Contact: Lori Sitler/Janice Fitzsimons
Phone: (302) 577-8314
Pager: (302) 247-1132
Date: January 3, 2005
(Wilmington, DE): The Attorney General's Office has received a number of inquiries regarding the preliminary recommendations of the Delaware Compensation Commission with regard to the salaries of state elected and appointed officials. In response, Attorney General Jane Brady issues the following statement:
"Delaware law provides that the Commission shall not recommend, except for the Office of Governor, remuneration in excess of 120% of the remuneration received in the fiscal year in which the recommendation is made. The law also provides that the recommendations of the Commission shall take effect on February 1 (absent a joint resolution of the General Assembly rejecting the report in its entirety). The Constitution of the State of Delaware provides that the Governor can receive no increase or decrease in compensation during a term of office. The Constitution provides the Governor's term of office is effective upon taking the oath of office on the 3rd Tuesday of January, which for Governor Minner is January 18, 2005.
This means that, absent an affirmative vote of the General Assembly changing the effective date, the Governor in office on February 1, 2005 may not receive the proposed salary, as it would constitute an increase in compensation during a term of office. In addition, absent an affirmative vote of the General Assembly to remove the prohibition in the law against any recommendation to increase a salary by more than 20%, any such raise would be contrary to Delaware law.
I have spoken with a member of the Delaware Compensation Commission, who indicates the members are aware of these facts."