Laserfiche WebLink
January 30,2008 <br /> Council Member Stonecipher questioned whether an action of this body <br /> would violate the State law which does not allow public officials to enact a <br /> salary schedule that would go into effect during their term of office but <br /> would then postpone it until reelections occur on all positions. <br /> Council Member Nielsen commented that he had an opportunity to look <br /> into this mater as an a0omey and that he had come to the opposite <br /> conclusion of Council Member Olson. He stated that he finds the <br /> question to be one of does the Salary Commission have the authority to <br /> adopt a schedule whereby an Increase is to take effect ata specified date <br /> in the future. He remarked that this is something the commission has <br /> routinely done in the past with regard to increases which were tied to the <br /> consumer protection index. <br /> Councl Member Halloo stated that there is a precedent for this. The <br /> council members had received a small check during Mayor Hansen's <br /> administration which was for an oversight regarding the 00day rule.The <br /> 90-day rule was in effect then end he believes it is still In effect today. <br /> City Attorney Johnston remarked that Council Member Olson had asked <br /> him to look into the question.He stated that he and his staff have looked <br /> at the difference in language between the State Constitutional provision <br /> which uses the term"salary"and does not refer to the word"schedule or <br /> schedules"as does the City Charter.They determined that there is an <br /> Important distinction between the two. Secondly,they looked at the <br /> question of precedence and concluded that the precedential value for <br /> what the commissions have done is clearly supportive of what the present <br /> commission has done.He stated that he and his staff had reviewed the <br /> minutes of the charter committee that enacted this particular provision,the <br /> minutes of the City Council which weighed In on that charter provision. <br /> and are still reviewing and trying to track down the minutes of the various <br /> salary commissions to determine what they might have said or done with <br /> respect to this. He apolog¢ed for the time it has taken to resolve this <br /> question. He stated that he is hopefully addressing the final issues and <br /> anticipates that he will have en answer within a week. <br /> 29 <br />