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Kou ma remember that during the disousszion regarding the 1934 budget, members of the Common <br />68aail jeg eattidlly pt- +ed that it was their belief t4at the 1934 budget was so close the City <br />o n the amounts therein set out. <br />'he Controller informs me that after the expenditures of the City for 1934 have been met and <br />X11 bills paid we will laclt about $20.00 of having enough money to meet the first- payroll in <br />fanuary, 1935. The 1934 budget provided for $57s000. cash on hand January 1, 1935, but due to <br />additional appropriations and the necessary additional appropriations to meet the carry over of <br />anpaid of unpaid bills from the various City departments, not provided for in the 1934 -1935 <br />)udget, there will be less than $5,000. -cash on hand January 1 1935 <br />lnder Chapter 60 of- the Acts of 1933 the methods by which additional appropriations cam p¢ be naafi <br />wade are specifically set forth. It provides that an appropriation of this character must be <br />Submitted by the respective department heads to the Cabinet and after discussion by the Cabinet <br />Lt shall then be submitted to the City Controller for his approval or rejection. This proposed <br />)rdinance did not come from the Board of Public Safety to the City Cabinet nor has-it been <br />approved by the City Controller. <br />1hapter 95 on page 249mof the published Acts of 1927.states: "And the budget as set out by the <br />Runicipal officers in the published statement or as modified on hearing by the State Board, shal <br />.imit the expenditures for the year except in case of "casualty or accident or extraording <br />=ergencyg <br />lertainly.Ordinance X No. 3066 is not called for-by reason of any "casualty, accident PW <br />;xtraordinary emergency." <br />'he budget of 1934 provided for the exao#, amount necessary to finance the payroll of the Board <br />if Public Safety and the rates of pay r now in effect and there is no excess money in this <br />,ppropriation item with which to meet the additional appropriation set forth in:Ordinanoe No.' <br />066. The City Controller would be liable on his bond for drawing a check in payment of any item <br />.n excess.ocf the amount appropriated in the 1934 budget.' <br />'he law specifically provides .a penalty for expenditures-of this character without due process o. <br />aw and I am.advised that the members of the Common Council and I may be guilty of malfeasance <br />n office and liable to the City of.South Bend for the amount of excess provided in this <br />rdinance, plus attorney4s fees and a penalty of 25%. For your information I quote the law as <br />ollows: <br />Any officer or officers of any municipal corporation having authority by-law to make <br />ppropriations for the expenditure of public money, who shall appropriate any money for any <br />tem set forth in the published budgets or for any item as modified on the order of the state <br />card of tax commissioners im excess of the amount estimated to be expended in such budget, or <br />a- excess of any additional expenditure without having first given notice to the taxpayers and <br />].lowing the taxpayers the right to appeal tothe State board of tax commissioners, as herein. <br />rovided, shall be guilty of malfeasance in office and shall be liable to such municipal <br />orporation in the amount of such excess so appropriated, together with the costs= of said action <br />ad reasonable attorney fees with a penalty of 25 per cent of such.amountl, recoverable in an <br />ction ( or suit) instituted in the name of the State of Indiana upon the relation of any taxpayi <br />r taxpayers in such a municipal corporation." <br />rider Chapter 233nof the Acts of 1933 the CommonbCouncil has the right to fix the munimum salarii <br />or these employes and then only after the Mayor has submitted the maximum salarie& to the <br />ommon Council. <br />