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Home My WebLink About6.04 Ord. to Increase Council Salaries a. CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: January 26, 1987 SUBJECT PUBLIC HEARING: Ordinance Increasing City Council Salaries EXHIBITS ATTACHED Memorandum from Assistant City Attorney dated December 15, 1986; Draft Ordinance RECOMMENDATION 1) Open Public Hearing' 2) Hear Report from City Attorney 3 ) Hear Public Testimony 4 ) Close Public Hearing 5) Waive reading and adopt Ordinance FINANCIAL STATEMENT: The passage of this Ordinance would not immediately impact the cost of Council salaries . The adoption of this Ordinance would result in an increase of $30.75 per month for each Councilmember subsequent to Councilmembers beginning a new term of office after the November, 1988 election. DESCRIPTION In accordance with Cm. Snyder' s request, the City Attorney' s Office has prepared a draft Ordinance which would provide for the increase of Council salaries after November, 1988. In the Memorandum prepared by the City Attorney' s Office, the Assistant City Attorney has noted that the Council, in accordance with the Government Code, may increase its salary by 5% for each calendar year from the date of the last adjustment. However, any such salary increase cannot be effective until after 1 or more member(s ) of the Council begins a new term of office. Therefore, action on approval of a salary increase at this time for the City Council would not become effective until after the November, 1988 election_ The Government Code also provides that the City Council cannot automatically increase its salary. Therefore, the draft Ordinance provides only for a 5% increase for the calendar year 1986 and a 5% increase for the calendar year 1987 (to become effective after November 1988 Election) . The Council could increase its salary an additional 5% in 1988 prior to the November 1988 election, but the action to approve such an increase could not be taken until calendar year 1988. This ordinance was introduced at the City Council meeting of January 12, 1987 . COPIES TO: ITEM NO. 111 • NAVE & SILVER. MICHAEL R.NAVE ATTORNEYS AT LAW EAST BAY OFFICE: ELIZABETH H.SILVER 1220 HOWARD AVENUE.SUITE 250 CIVIC CENTER COMPLEX P.O.BOX 208 835 E. 14TH STREET SAN LEANDRO.CALIFORNIA 94577. BURLINGAME. CALIFORNIA TELEPHONE:(4151 577-3333 94011-0208 (415)348-7130 - - REPLY TO San Leandro MEMORANDUM - - TO: Richard Ambrose, City Manager - DATE: 12/15/86 FROM: Elizabeth H. Silver, Assistant City Attorney RE: Ordinance increasing Council salaries At the Council meeting on December 8 , Councilman Snyder requested we draft an ordinance providing fora 5% increase in - Council salaries. The Council member' s salary is currently $300 per month, which is the amount authorized by Government Code § 36516 (a) . Ordinance No. 22-85 . Government Code § 36516 (c) provides that the compensation may be increased by 5% for each,-calendar year from the date of the last adjustment. Ordinance No. 22-85 was operative in October of 1985; thus a 5% increase in compensation for calendar year 1986 can be provided by ordinance -if otherwise permitted. No automatic increase in salary can be provided. - Section 36516 establishes the amount of Council salaries. Government Code § 36516 . 5 , however, provides a prohibition against increasing compensation while a Council member is in office: - - A change in compensation does not apply to.a councilman during his term of office; however, the prohibition herein expressed shall not prevent the - adjustment of the compensation of all members of a - - council serving staggered terms whenever one or more members of such council becomes eligible for a- salary increase by virtue of his beginning a new term,.of office. . The exception to the flat:.prohibition of § 36516. 5 contained in the first clause allows a Council to enact an ordinance increasing compensation of all members but the ordinance can only be effective after one or more member begins a -new- term of . office. - There are no cases construing the language of S 36516.5. - However, the Attorney General- has interpreted this section to mean that an increase in salary cannot be effective until one member. begins a new term after the salary increase is enacted. 41 Ops. Atty.Gen. 25 ( 1963 ) ; 54 Ops. Atty.Gen.` 112 (1-971 ): - z ' Memorandum to Richard Ambrose _ Re: Ordinance increasing Council salaries December 15 , 1986 Page two - It is obvious, however, that the Legislature intended. that salaries adjusted under either of the two authorized procedures [of § 36516] be effective only when one of the members of the council commences a new term. In 1966 , the former provisions for salary adjustments were taken out of Government Code section 36514 and placed in section 36516 . Stats. 1st Ex.Sess. 1966 , ch. 12 , p. 275 . However, the language governing the effective date of such adjustments was placed in an entirely new section, section 36516 .5 . We do not believe that by placing this language in a separate section the Legislature intended to change the effective date of salary adjustments made in accordance with either of the two authorized procedures.- The only section to which section 36516 . 5 could logically apply is section 36516. The Council could have enacted an ordinance under the exception in § 36516 . 5, increasing their compensation by 5% for 1986 , prior to the three members beginning their new terms of office. The Council cannot enact such an ordinance now since the ordinance would violate the prohibition contained in Government Code § 36516 . 5. I have prepared an ordinance which could be adopted in 1987 to provide for the 5% annual increase in compensation for 1986 and 1987 . A similar ordinance would be enacted in 1988 prior to the next Council election. Following the election in November 1988, the Council members could then receive the benefit of the 5% increase for 1986 and 1987 and beginning in 1989 they would receive the 5% increase for calendar year 1988 . • Z(jtr) Q1e/Y-,_ Elizabeth H. Silver EHS/cw •i ORDINANCE NO -87 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ORDINANCE NO. 6 AND PROVIDING FOR AN, INCREASE OF THE SALARY FOR MEMBERS OF THE CITY COUNCIL The City Council of the City of Dublin does ordain as follows: . Section 1 : PURPOSE Ordinance No. 6 establishes salaries for members of the Council , as amended by. Ordinance No. 22-85 . The purpose of this ordinance is to modify salaries for members of the City,. Council in accordance with the Government Code Section 36516.. Section 3 : AMENDMENT Ordinance No. 6 as amended by Ordinance No. 22-85 , is hereby amended by adding the following language: "The said $300 shall be increased in an amount equal to 5% for calendar year 1986 and 5% for calendar year 1987" . Section 4 : No Council member shall be eligible to receive the increase provided herein until such Council member begins a new term of office. - Section 5: POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3 ) public places in the City of Duhlin in accordance with Section, 36933 of the Government Code of the. State of California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this day of by the following vote: AYES:' . NOES: ABSENT: Mayor ATTEST: City' Clerk .. L