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REGULAR MEETING JULY 24, 1972
<br />COMMITTEE OF THE WHOLE MEETING (CONTINUED)
<br />I am currently awaiting an Attorney General opinion on this matter
<br />and feel confident that my position will be upheld.
<br />Sincerely,
<br />/s/ Charles A. Sweeney, Jr.
<br />Charles A. Sweeney, Jr.
<br />City Attorney
<br />CAS: eh
<br />Councilman Miller then gave the majority report of the Committee on Fees and Salaries. He said
<br />they were making an exception in some classifications, as set forth in the copy of the ordinance
<br />provided to the clerk. This would allow clerks, secretaries and stenographers to be assigned to
<br />a class commensurate with their ability. City Attorney Charles A. Sweeney, Jr. said that it was
<br />his opinion that the Council could not set minimum and maximum salaries but must set a given
<br />salary for a given job. The budget classifications accomplish this purpose. Mr. Sweeney said
<br />that he would caution the Council to hesitate before fixing salaries on a range basis. Council-
<br />man Miller said that the minimum and maximum rates were being set up in the salary ordinance
<br />because the new law enables the Mayor to cut salaries as he sees fit and he would have to have
<br />some figure to do this. Mr. Sweeney said that this might well be opening a can of worms and
<br />it would be unwise to do this now. Councilman Miller said that it was not necessary to start a
<br />secretary with no experience at the top salary. With the range in salary, she can work up to
<br />the top level and get the maximum salary. Councilman Parent said that, because of the_- .legis-
<br />lation enabling the Mayor to lower salaries, he had consulted with one of the men from the State
<br />Board of Accounts and he had suggested that the Council could set a salary range. Mr. Sweeney
<br />said that this was an advisory opinion and that he was expressing a legal opinion. Councilman
<br />Parent said that it might be wise not to take this kind of action, since the opinion from the
<br />State Board of Accounts was not a legal opinion. Mrs. Janet Allen expressed the opinion that
<br />the Council might pass an ordinance saying they would use a range in setting salaries. Mr.
<br />Sweeney said that such an ordinance was not needed. Councilman Miller then gave the changes
<br />recommended in the Salary Ordinance by the Fees and Salaries Committee as follows: Delete the
<br />following sections: Public Service Careers, Manpower Area Program Component, Model Cities,
<br />Redevelopment, and Youth Services Bureau. Custodian I, Custodian II and Maintenance Technician
<br />listed under Redevelopment should be under Morris Civic Auditorium. Maintenance Man I listed
<br />under Redevelopment should be under the Building Department. The janitor listed under Model
<br />Cities should be under the Municipal Services Facility. Under Traffic and Lighting, employ
<br />Equipment Operator II at $3.58 per hour. Under Utilities- Administration, delete Keypunch
<br />Operator and add Keypunch Operator I at $5450.00, Keypunch Operator II at $5,950.00 and Key-
<br />punch Operator III at $6,200.00.Under General Classifications add Clerk IV. Department of
<br />Human Resources Director change to $16,000. Department of Safety Director change to $15,000.
<br />Director of Communications and Electronics change to $12,000. Building Commissioner change to
<br />$14,538. Director of Human Relations and Fair Employment Practices Commission change to
<br />$14,045. These general classifications to have minimum and maximum rates set as follows:
<br />General Classifications
<br />Minimum
<br />Maximum
<br />Secretary I
<br />4,500.00
<br />5,000.00
<br />Secretary II
<br />5,001.00
<br />5,500.00
<br />Secretary III
<br />5,501.00
<br />6,000.00
<br />Secretary IV
<br />6,000.00
<br />6,650.00
<br />Accounting Clerk I
<br />5,000.00
<br />5,500.00
<br />Accounting Clerk II
<br />5,501.00
<br />6,000.00
<br />Accounting Clerk III
<br />6,000.00
<br />6,500.00
<br />Accounting Clerk IV
<br />6,501.00
<br />7,200.00
<br />Stenographer I
<br />4,500.00
<br />4,800.00
<br />Stenographer II
<br />4,801.00
<br />5,300.00
<br />Clerk I
<br />4,500.00
<br />4,750.00
<br />Clerk II
<br />4,751.00
<br />5,000.00
<br />Clerk III
<br />5,001.00
<br />5,300.00
<br />Clerk IV
<br />5,301.00
<br />5,600.00
<br />Stock Clerk I
<br />6,400.00
<br />6,600.00
<br />Stock Clerk II
<br />6,601.00
<br />7,100.00
<br />Auditor I
<br />7,800.00
<br />8,050.00
<br />Auditor II
<br />8,051.00
<br />9,050.:00
<br />Auditor III
<br />9,051.00
<br />10,250.00
<br />All salaried, weekly and hourly rated employees making under $7,999 per year would get a 4y
<br />increase. Councilman Miller made a motion that the Council accept the report of the Committee,
<br />seconded by Councilman Nemeth. Motion carried with Councilman Parent casting a nay vote.
<br />Mr. James Barcome, City Controller, asked the Council, based on Mr. Sweeney's opinion that this
<br />may be illegal, what procedures should the city follow on a new ordinance on the time schedule
<br />that must be kept. Councilman Miller said that it was his opinion that there would have to be
<br />an ordinance setting minimum and maximum salaries based on the State Personnel Act. Councilman
<br />Nemeth said that a saving clause might be inserted into the ordinance so that if any part of it
<br />were declared illegal it would not affect the other portions of the ordinance. Councilman
<br />Newburn asked Mr. Sweeney if he thought the ordinance would be illegal. Mr. Sweeney said that
<br />he felt that any citizen could bring this matter to litigation. He advised the Council to put
<br />a saving clause into the ordinance. Councilman Nemeth asked Mr. Sweeney to draft such a clause.
<br />Councilman Taylor made a motion that the ordinance go to the Council as favorable as amended.
<br />Councilman Kopczynski seconded the motion and it carried.
<br />There being no further business to come before the Committee of the Whole, Councilman Taylor
<br />made a motion to rise and report to the Council, seconded by Councilman Horvath. Motion carried
<br />ATTEST:
<br />A
<br />E-- -- , , _ . - --- 1. (o'- _
<br />CITY CLERK CHAIRMAN
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