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HomeMy WebLinkAboutRegulating Salaries Paid to City Officials & Employees (Vetoed)At the April 22, 1974, regular meeting of the Common Council, a vote was taken regarding the Mayor's veto of: ORDINANCE NO. 5651 -74 AN ORDINANCE REGULATING SALARIES PAID TO CITY OFFICIALS AND EMPLOYEES, passed by the Common Council on April 8, 1974, as amended, and officially vetoed by Mayor Miller on April 17, 1974. The Mayor's veto was upheld by a roll call vote of four nays (Councilmen Serge, Parent, Horvath and Newburn) and five ayes (Councilmen Szymkowiak, Miller, Taylor, Kopczynski and Nemeth). A "nay" vote meant a vote to sustain the veto. 3 la.as- Z,1-. Barbara Byers, peputy City Clerk City of South Bend, Indiana CITY OF SOUTH BEND South Bend, Indiana 46601 Jerry J, Miller Mayor The Honorable Irene Gammon City Clerk County -City Building South Bend, Indiana 46601 Dear Mrs. Gammon: April 17, 1974 This letter is to serve as my official notification to veto Ordinance Number 5651 -74. This Ordinance was passed by the Common Council, changing the procedure regarding salaries paid to city officials and employees by allowing the Common Council to regulate such salaries regardless of what local, state, or federal body provided the funds. The City Attorney's office has done comprehensive research on this subject and have relectantly concluded that this is an impractical expansion of the Common Council's power. Under Indiana Code 1973, 18 -2 -1 -9 and 18- 2 -1 -10 the mayor is vested with full power to fix salaries of officials and employees with limited exceptions. Additionally, there is no express or implied authority in statutory or case law empowering the Common Council to regulate salaries of each and every employee regardless of the source of funding. Furthermore, several practical problems especially with regards to federally - funded projects are raised which may jeopardize such programs. The possibility of added delay by the new procedure causes serious problems with the time limitations for federal grant applications, and calls into question the flexi- bility and lack of predicability necessary for effective and efficient manage- ment. Therefore in light of these reasons I hereby veto this Ordinance. cc: Mr. Peter J. Nemeth, President South Bend Common Council Vin, . Miller FILED IN CLERK'S OFFICE APR 18 1974 Irene Gammon CITY CLERK,, SOUTH BEND, IND, ORDINANCE No. 5651 -74 Passed by the Common Council of the City of South Bend, APRIL 8, IRENE K. GAMMON 74 Presented by me to the Mayor of the City of South Bend, APRIL 9, Approved and signed by 7�r 74 Clerk of Common Council IRENE K. GAMMON Clerk ORDINANCE NO. 5651 -74 AN ORDINANCE REGULATING SALARIES PAID TO CITY OFFICIALS AND EMPLOYEES BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, THAT: SECTION 1. The salaries of each and every appoin- tive officer, employee, deputy, assistant and departmental and institutional head shall be fixed by the Mayor, subject to the approval of the Common Council, regardless of what local, state or federal body provides the funds for said salaries, except as otherwise provided by law. SECTION 2. The Common Council may reduce, but in no event is the Common Council authorized to increase, any salary so fixed by the Mayor. SECTION 3. City employees who perform services for the city, other than governmental, which services are connected with the operation of any municipally -owned utility or function, may, within the discretion of the Mayor and subject to the approval of the Common Council, receive additional compensation for the per- formance of such services. No additional compensation shall be paid by the city to any city employee without approval of the Common Council. SECTION 4. The provisions of this ordinance shall not apply to the manner of fixing and the amount of compensation paid by the city to the members of the Police and Fire Departments. SECTION 5. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. -R� q Member of the on Counhil Passed April 8, 1974, as amended. Tommfffrr 14purf &I tot (llommau (Qoumil of tae Tttg of Jftr# Send: Your Committee of the Whole to whom was referred AN ORDINANCE REGULATING SALARIES PAID TO CITY OFFICIALS AND EMPLOYEES. Respectfully report that they have examined the matter and that in their opinion the Ordinance should go to the Council as favorable, as amended below: In Section 1, add the following: "except as otherwise provided by law." Odell Newburn Chairman F116F PPFft PVBLIOXIN4 CO.