INDIANAPOLIS – Fort Wayne Democratic Rep. Phil GiaQuinta is contesting the legality of deducting money from his state paycheck to cover fines levied during the House Democrats’ five-week walkout.
And he also thinks the fines themselves are illegal – a point that has divided some members of the Democratic caucus.
“We exercised our right to express our views. We did nothing wrong,” GiaQuinta said. “We want due process to be followed, and if it is, we will pay.”
House Democrats fled the state Feb. 22 – leading to a five-week walkout that halted business in the House because there were not enough members for a quorum.
As a result, Republican House members fined the missing Democrats for unexcused absences. Those fines reached about $3,150 per member.
House members – even without a quorum – can “compel the attendance of absent members, make an order for their fine and censure and adjourn from day to day until a quorum is in attendance,” according to House rules.
GOP House Speaker Brian Bosma said all members of the House – including GiaQuinta – voted for those rules on Organization Day last year, and he is confident that the fines are legal.
“I don’t have any concern about that,” he said. “If somebody wants to take this matter to court, I think they’ll find themselves in a difficult spot.”
A little murkier is the issue of how to obtain the money – for example, deducting fines from a legislator’s wages or from the per diem.
Legislators have already been paid their full salary for the year. But they also receive a per diem, $152, which is issued in a weekly check. Bosma ordered the weekly per diem checks be docked 20 percent for Democrats – dropping them from $912 to $729 – until the fines are paid in full.
He also said he would accept personal checks to cover the cost all at once.
Fort Wayne Attorney Mark GiaQuinta – Phil GiaQuinta’s brother – sent a letter Monday to State Auditor Tim Berry and the clerk of the House arguing it is illegal under several Indiana statutes to deduct the fines from the per diem paycheck.
Mark GiaQuinta said he is representing only his brother – not other members of the Democratic caucus.
“The practice of deducting fines from employee wages is viewed both historically and uniformly as a pernicious act outlawed in most, if not every state of the union,” Mark GiaQuinta said in the letter.
He also cited several employment statutes and court rulings that run counter to the deduction.
Berry – whose office issues payroll checks – said he did not initiate the deductions. Instead, he said his office receives a pay grid from the House each week that details the amounts each member should receive. This is the same way other state agencies handle payroll.
Berry said he has not heard concerns from any other Democrats.
Bosma – a lawyer himself – said “the statutes (Mark GiaQuinta) cited, one could argue they have some applicability.”
So, Bosma has asked the state Attorney General, as well as an outside attorney, for opinions on the issue. But he has not discontinued the withholding.
“I write scary lawyer letters for a living,” Bosma said. “My response at this point is I see no reason to change course.”
In private Democratic caucuses, the fines have been an issue, with some members gladly willing to pay them and others disagreeing.
“I’m fine with it,” said Rep. Win Moses, D-Fort Wayne. “It’s in the House rules, and our absence triggered them.”
Moses said he will likely pay the fine with a personal check soon. He declined to criticize his colleagues who are fighting it, saying “everyone has their own life and their own reasons.”
Phil GiaQuinta said the financial loss related to the House Democratic walkout has been extensive.
First, each member of the caucus agreed to repay $760 in per diem received during the first week of the walkout.
On top of that, House Democrats did not receive per diem the rest of the walkout – for a total of about $5,200 lost.
The fines levied were on top of that. And Phil GiaQuinta also lost some pay from his regular job with the City Utilities.
Democrats, by the way, repaid the first week of per diem Thursday en masse – almost $30,000.
