Debra A. Wiley tried Tuesday to return the $1,901.30 she was paid for 21 days of work for her brother, state Sen. Darrel J. Aubertine, D-Cape Vincent.

But Steven M. Boggess, the secretary of the Senate, sent it back Thursday because state labor law forbids an employer from failing to pay wages.

"I am aware that the media have reported that Senator Aubertine is your brother, and the law is clear that it is illegal for a public official to hire a relative," wrote Mr. Boggess to Mrs. Wiley, in a letter released Friday by the Republican Senate majority. "It is my hope that the attorney general and the comptroller will review the facts of this matter for a determination as to whether any laws have been broken and to seek restitution that may be due the state from the appropriate party."

Cort M. Ruddy, Mr. Aubertine's campaign coordinator, said: "The Senate majority Republicans are playing games here. Darrel is trying to do the right thing and they're playing politics."

Mr. Ruddy said the senator's office was advised by Richard H. Corcione, state Senate payroll officer, that Mrs. Wiley had to issue the check. The check was made out to the Comptroller's Revolving Exchange Fund, Mr. Ruddy said.

"Darrel would have preferred to pay it with a check of his own, but complied with the Senate majority's instruction," he said.

Mr. Ruddy said Mr. Aubertine paid Mrs. Wiley from his personal account before she sent the check this week, so she was compensated for her April hours as proscribed by law.

The campaign coordinator said the senator's office started inquiring about how to repay the money after a constituent asked Mr. Aubertine if Mrs. Wiley's earnings had been returned at a Sept. 16 debate in Ogdensburg.

"That was the first time any constituent had mentioned paying it back to Darrel," said Mr. Ruddy.

The campaign of Mr. Aubertine's Republican opponent, David A. Renzi, claimed that Mr. Aubertine has been obligated legally since April to return the money Mrs. Wiley earned. But Republicans cited a section of the Public Officers Law that says only that any person who "knowingly and intentionally" violates the law could face a civil penalty of up to $40,000 and the value of the compensation paid. That determination would be made by an "oversight body with jurisdiction over such person," the law stated.

No such ruling has been made.

Despite Mr. Ruddy's assertion that Mr. Aubertine was correcting the situation, Mr. Renzi's campaign wasn't buying it.

"Darrel Aubertine continues to dodge and weave to escape responsibility for breaking the law, as evidenced by his latest move to make his sister repay the money she earned," the Republican's campaign said in a press release.

Mr. Ruddy replied in a statement: "For Dave Renzi to now make an issue of how the money has been repaid is pathetic and overtly political — especially while he is breaking the law and scamming the pension system."

The Watertown Daily Times reported Oct. 2 that Mr. Renzi had accrued state retirement credits he was not entitled to while serving four years as legal counsel for the town of Pamelia.

Oswego City Alderman Constance Cosemento, a Democrat, wrote a letter recently to Attorney General Andrew M. Cuomo saying the reports about Mr. Renzi "raise more questions than answers." The letter was provided by Mr. Aubertine's campaign.

Mrs. Cosemento said Mr. Renzi "has been going around the district telling people that the law changed recently and that he was never in violation of this law."

That's not true, she said.

"Contract employees have not been allowed in the pension system for as long as I can recall," she wrote. "Can your office clarify this fact and let Mr. Renzi know that he was in fact in violation of the pension rules for the past four years?"

Christopher G. McKenna, Mr. Renzi's campaign spokesman, dismissed the letter as "obviously political" and added, "(It's) another effort to divert attention from the fact he (Aubertine) broke the law."

Mr. Ruddy said, "It is time for Dave Renzi to do the right thing, by ending his negative attacks, giving back his illegal pension credits and complying with the law."

When the campaigns weren't trading barbs, they both noted endorsements from all-terrain vehicle clubs. Mr. Renzi was endorsed by the 1,200-member Oswego County ATV club, while Mr. Aubertine was backed by the Lewis-Jefferson ATV association.

"We endorse Sen. Aubertine for his record of working for us," said Richard Seller, president of the Lewis-Jefferson association, in a press release. "He came to our political awareness ride on Sept. 20 and after riding with him and talking to him, we feel even more confident that he has our best interests in mind."

Oswego County ATV Club President Steve Cronk said: "When it comes to respecting and appreciating ATV owners and riders, Dave's one of us. He'll fight to keep ATV trails open, improve trail access, and fight against Albany and Manhattan DEC bureaucrats who want to limit an activity that we enjoy."