HomeMy WebLinkAbout6.05 Ordinance Increasing Council Salaries CITY OF DUBLIN
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 12, 1987
SUBJECT PUBLIC HEARING: Ordinance Increasing City Council
Salaries
EXHIBITS ATTACHED Memorandum from Assistant City Attorney dated
December 15 , 1986 ; Draft Ordinance
RECOMMENDATION ) Open Public Hearing
2) Hear Report from City Attorney
3) Hear Public Testimony
4) Close Public Hearing
5) Waive reading and introduce 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.
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COPIES TO: _
ITEM N0. 6.
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
BURLINGAME. CALIFORNIA SAN LEANDRO.CALIFORNIA 94577
9401.1.0208 TELEPHONE:(415)577.3333
(41 5) 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 for a 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 adjustmeri-t. 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 § 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 ( 1971 ) : -
s'
s
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 § 365161 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.
Eliza eth H. Silver
EHS/cw
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 Dublin 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 :-