Governor backtracks on double dippers

SANTA FE (KRQE) - The Legislature's attempt to derail double dipping of state paychecks and pensions may itself be about to run off the tracks.

Gov. Bill Richardson earlier said he'd support tougher limits on allowing state government workers to retire and then return to work while drawing both a pension and a salary. But by Tuesday he'd climbed up on the fence.

On March 5 KRQE News 13 investigative reporter Larry Barker exposed case after case where public employees were faking their retirements and shortcutting the existing rules in order to collect a paycheck and a pension at the same time.

"So we should change the law," Richardson said the next day. "We should restrict it.

"There's a bill in the Legislature, if it comes to my desk I'll sign it that restricts the use of these double dippers.”

Fast forward to Tuesday and it's a different story when News 13 asked the governor about signing the bill approved by the Legislature.

“Well, I haven't made up my mind." Richardson said. "At that time that bill wasn't fully developed.

"I want to look at constitutional issues, fairness issues. I want to attract the best workforce."

The governor said he received a letter from the state Attorney General's Office informing him that parts of the bill the Legislature sent him may not hold up in court if he signs it into law.

"The attorney general has advised me that there are constitutional concerns and issues relating to the bill, to actually preventing employment of a potential double dipper," Richardson said.

However neither the governor nor the attorney general is spelling out exactly what the objections are.

The bill's sponsor, Rep. Luciano "Lucky" Varela, D-Santa Fe, told News 13 the governor should sign the bill and a court handle any constitutional questions.

"Sign it and let the courts decide on it," Varela said. "I know he has a defense; the attorney general defends the governor.

"Let’s not throw away the baby out with the bathwater and throwing the whole thing out because of a constitutional question."

Varela said he heard from citizens who are outraged over double dipping and kept them in mind when drafting the bill.  Now it's time for the governor to keep the taxpayers in mind, he said.

Current law requires that double dippers retire for at least 90 days before coming back to the public payroll.  The bill on the governor's desk would require returning workers to wait a year and then cap their salaries at $30,000.

Last week the governor ordered a nonscientific survey of state employees asking their opinions on double dipping. By Tuesday about 7,300 workers responded with a slight majority, 53 percent, urging him to veto the bill.

However about a quarter of those responding to the survey were themselves double dippers.

Tuesday's KRQE.com Web question, also an unscientific survey, asked whether the governor should sign the bill. Respondents supported signing the bill by a margin of 3-1.