HomeMy WebLinkAboutAgenda Report - February 3, 1982 (31)• •a. •ww11. . yy
The following report was presented by City Clerk Reimche:
Y
As directed by Council, we have reviewed the City's
ordinance and the State of California Government Code
Sections relating to changes in compensation for Councilmen
and find that "Compensation of Councilmen may be increased
beyond the amount provided in this section or decreased
below such amount by an affirnnative vote by the majority
of the electors of the city voting any municipal election".
Therefore, Council members will receive a salary of $200.00
per month effective April 20, 1982, until such time as the
electorate votes otherwise, or the City's population changes
to either a lower or higher population group as set forth
in the code.
Z
CITY COUNCIL HENRY A CLAVES. it
City Manager
ME S Y, Mayor
R CITY O F L O D I
ROBERT T MURP m
G MURPHY. Mayor Pro Te
RICHARD L HUGHES CITY HALL. 221 WE S1 PINE SIRE E I
WALTER KATNICH POST 01'"CE BOX .120
JAMES W PINKERTON. Ir LODI. CALIFORNIA 95241
(209) 334-5634
January 29, 1982
M E M O R A N D U M
TO: Honorable Mayor and City Council
FROM: Alice M. Reimche
City Clerk
Ronald M. Stein
City Attorney
ALICE M REIMCHE
C sty Clerk
RONALD M STEIN
City A•torney
Several years ago the legislature declared in the passage of
Section 54970 et seq of the Government Code of the State of
California that "All too frequently the citizens are not aware
of the many opportunities which exist to participate in and
serve on local regulatory and advisory boards, commissions and
committees and set forth a procedure to be followed in
advising the public of local appointive offices to which
appointments are to be made".
In reviewing this section of the Code it is felt that final
appointment to the newly formed Economic Development
Commission should not be made by the legislative body for at
least ten (10) working days following the posting by the City
Clerk of the appointive terms and the necessary qualifications
for the positions.
It is therefore suggested that at the February 3, 1982 Council
Meeting, the Clerk be directed to make the necessary posting.
Appointments could be made at that time to serve on an acting
basis. This then would allow sufficient time for the required
posting, and for Council to review any and all applications
received. The final appointments then could be made publicly
at the February 17, 1982 Council Meeting.
W1 C
i,!.ICE M. REIMCHE
City Clerk
AR/RS:dg
RONALD M. STEIN
City Attorney
UNCIL COA' MUNICA
TO THE CITY COUNCIL DATE NO.
FROM THE CITY MANAGE" O"ICE February 3, 1982
SUBJECT:
Salaries of Council Members
As directed by Council, we have reviewed the City's ordinance
and the State of California Government Code Sections relating
to changes in compensation for Councilmen and find that
"Compensation of Councilmen may be increased beyond the amount
provided in this section or decreased below such amount by an
affirmative vote by the majority of the electors of the city
voting at any municipal election". Therefore, Council members
will receive a salary of $200.00 per month effective April 20,
1982, until such time as the electorate votes otherwise, or
the City's population changes to either a lower or higher
population group as set forth in the Code.
ALICE M. REIMCHE
City Clerk
�. COUNCIL COMMUNICATION
TO. THE CITY COUNCIL
FROM. THE CITY MANAGER'S OFFICE
Salaries of Council Members
DA
January 14, 1982
NO.
Please be advised that Section 2-82 of the City Code of the City of Lodi
provides that "each member of the Council shall receive, as salary,
the sum of one hundred fifty dollars per month as prescribed in
Section 36514 of the Government Code for cities over five thousand and
up to and including thirty-five thousand in population, which shall
be payable from and after the operative date of this Article at the
same time and in the same manner as the salaries are paid to other
officers and employees of the City."
Further, Section 2-84 of the City Code of the City of Lodi provides that
"Followinj any new and later estimate of population made by the
department of finance placing the city in a population group other
than that set forth in section 2-83, the salary hereby payable to each
member of the council shall be increased or decreased accordingly to
equal the sum prescribed for that population group in section 36514
of the Government Code, as added by chapter 286 of the Statutes of 1965;
provided, however, that the salary as so increased or decreased shall
become payable only on and after the date upon which one or more members
of the council become eligible therefor by virtue of beginning a new
term of office following the next succeeding general municipal election
held in the city."
The State. Department of Finance in accordance with Section 10056,
Revenue and Taxation Code, has certified to the Controller that the
January 1, 1981 population estimate for the City of Lodi was 35,574.
Following a check of Government Code Sections, we find our City Code
Section does not conflict with any recent changes in state law regarding
this subject and that pursuant to Section 36516 of the State Government
Code, Council members shall receive a salary of $200.00 per month.
The effective date of this adjustment is at such time as one Council
member commences a new term of office; namely April 20, 1982.
e
&
Alice M. Reimche
City Clerk
Reimbursement Not CMensation. In this connection, it is import-
ant to note that reimbursement for actual and necessary expenses
incurred in the performance of city business is not "comensation"
!! and may be made to councilmen or other elective officers notwith-
standing constitutional, statutory or character prohibitions
against payment or increase of compensation. Elective officers or
other officers or employees of a city may be reimbursed for out -of
pocket expenses incurred while engaged in authorized municipal busi-
nese. This is directly recognized by Government Code sec. 36514.
Municipal expenditures made for the purpose of improving municipal
admistration or for any proper municipal purpose authorized by the
council are valid so long as iney have a reasonable connection with
the object sought to be obtained. It is the city council which
must in the first instance determine the relationship of the expend-
iture to the purpose. Few, if any, persons would question the value
of the city engineer of one city visiting another to determine how
a sewage plant was constructed and operated. Many thousands of
dollars have been saved the taxpayers by such c-nferances, and
courts of this state have approved attendance officers at a conferance
of the League of California Cities (City of Roseville v. Tulley,
55 Cal. App. 2d 609; 169 ALR 1218). The courts will not generally
interfer with the discretion of city officials in determining what
is necessary and proper to carry out municipal functions.
In connection with reimbursement of municipal officials for out -of
pocket expenses, however, one word of caution as to procedure is
offered. Authority to make such expenditure should always be given
in advance. Such expenditures will normally be in an amount nominal
enough to permit reimbursement upon filing of a claim by the
officer or employee who has made an out -of pocket expenditure while
on municipal business. There are occasions, however, when the
amount will be sufficient to warrant an advance. In this case,
also, after the expenditure has been made by an officer a claim
should be filed detailing actual and necessary expenditures and
attaching such receipts as are ordinarily given in the course of
normal business transactions.
The dangers of misappropriating city funds drawn for the purpose of
paying expenses of trips taken on official business are clearly
set out in People v, $vera, 5 Cal. 2d 676, where a city officia'
was sent to prison for the filing of fraudulent expense claims.
sec. 36516. Councilmen; salary schedule; change in compensation.
A city counct&areceive
nact an ordinance providing that each member of the
city council a salary, the amount of which shall be deter-
mined by the following schedule:
(a) In cities up to an including 35,000 in population, up to and
including one hundred fifty dollars ($150) per month;
(b) In cities over 35,000 up to and including 50,C00 in popuisti,�n,
two hundred dollars ($200) per month;
(c) In cities over 50,000 up to and including 75,000 in population,
two hundred fifty dollars ($250) per month;
(d) In cities over 75,000 up to and including 150,000 in population,
three hundred dollars ($300) per month.
(e) Cities over 150,000 population up to and including a population
of 250,000, four hundred dollars ($400) per month.
11
(f) Cities over�
�"""250,000 population, five hundrePdollars ($500)
per month.
For the purposes of this section the population shall be determined
by the estimates of population made by the Department of Finance.
In a city changing from a lower to a higher population group as provided
in this rection, the amount of compensation shall be determined by the
latest estimate of population made by the Department of Finance or as
provided in Sections 2107,2107.1 and 2107.2 of the Streets and Highways
Code.
Compensation of councilmen may be increased beyond the amount provided
in this section or decreased below such amount by an affirmative vote
by !.:ie majority of the electors of the city voting at any municipal
election.
Any amounts paid by a city for retirement, health, and welfare, and
federal social security benefits shall not be included for purposes of
determining salary under this section provided the same benefits are
available and paid by the city for its employees.
sec. 36516.2 Councilmen; compensation; Increase by ordinance or amend-
ment; prohibition against automatic increases.
Notwithstanding the limitations contained in Section 36516 with respect
to increases or decreases in councilmen's salari--s, the compensation of
councilmen may be increased beyond the amount provided in Section 36516 by
an ordinance or amendment thereto enacted by the city council but the
amount of such increase may not exceed an amount equal to 5 percent for
each calendar year from the operative date of the last adjustment of the
salary in effect when the ordinance or amendment thereto is enacted; provided
that no salary ordinance shall be enacted which provides for automatic
future increases in salary.
Compensating Elective Officials for Added Burdens. While Art. XI,
Sec. 5 prohibits increasing the compensation of elective officers
during their term of office, it is not an absolute bar to increasing
the "take home" amount paid to all elective city officials as com-
pensation for their services. City councilmen in general law cities
may not be paid any compensation other than that voted for them by
the electorate for their councilmen duties and may not be paid for
any other city employment (sec.36514, Gov. C.); however, elective
city clerks and city treasurers are not so limited.
A court -made exception has developed which allows additional com-
pensation to be paid to public officers for the performance of new
and additional duties outside the scope of their office, provided
further that such duties are compatible and in no way conflict with
the performance of their normal official duties. When such compatible
added duties are assumed by an elective officer, he may be given
additional compensation therefor without violating the prohibition
against increasing the compensation of an elective officer during his
term (Mousseau v. Garey, 200 Cal. 201; San Luis Obispo v. Felts, 104 Cal.
60; Abbotty. McNutt, 218 Cal. 225; Kilraoy v. Whitmore, li5 Cal. App.
43).
-19-
In utilizing this exception, extreme care should be taken to
avoid the assumption by an officer of a second public office
® which is incompatible with his primary office, since acceptance
of the second incompatible office renders the first office held
vacant by operation of law (People ex rel Bagshaw v. Thompson,
55 Cal. App. 2d 147).
Prohibition Against Gifts and Retroactive Pay. Another common pitfall
As the payment of retroactive pay increases to city officers or employees.
While this is apparently no problem in chartered cities (Tevis v. City and
County of San Francisco, 43 Cal. 2d 190), Art. XI, Sec. 32 of the State
Constitution specifically prohibits payment of compensation for past
services by general law cities. The Attorney General has ruled that
the Constitution is not violated if a general law city increases salaries
by a resolution which provides that such increase will be ineffective
after :he date of the resoltuion but before the date upon which the
actual raise will be determined (33 Ops. Cal. Atty. Gen. 143)
Art IV, Sec. 31 prohibits all gifts of public funds. The greatest danger
of violating this section occurs when an attempt is made to be "fair"
and pay out city money to a contractor when the city's obligation is
not legal. In the following cases, expenditures were held to be invalid
as gifts because they were not based upon a legal obligation: Robinson
v. Dunn, 77 Cal. 473 (relating to a retroactive increase in pay of state
employees); Bourn v. Hart, 93 Cal. 321 (relating to an appropriation to
compensate a state employee for personal injuries sustained while in
the service of the state); Conlin v. Board of Supervisors, 99 Cal. 17
® (relating to an appropriation for the relief of a street contractor Who
had a moral but not a legal claim against the city); Buck v. City of Eureka,
109 Cal. 504 (relating to extra compensation to a city attorney for
services he was already bound to perform); and City of Ojai V. Chaffee, 60
Cal. App. 2d 54 (relAting to the cancellation of taxes). These cases
are to be distinguished from those cases cited below under "Public Purpose"
in which moneys were appropriated for the benefit of the general public
to specific individuals. Here, the expenditure is to a specific individual
for that individual's benefit (not the general public's benefit) and must,
consequently, be supported by a legal obligation.
Public, Municipal and State Purposes. All expenitures of locally levied
tax moneys must be a public and a municipal purpose. Generally, the line
between a public purpose and a non-public purpose is the line between
a public and a private purpose. If the expenditure is for something which
will substantially benefit the general public rather than an identifiable
group of individuals, it will generally be upheld as public. In addition
to the public purpose requirement, there is more specific "municipal purpose"
requirement of Art. XI, Sec. 12 of the California Constitution. The public
which benefits from the expenditures must be that portion of public com-
prising the citizens of the municipality.
The corollary of the requirement that local tax revenues be expended for a
"municipal purpose" is that state tax levies which are expended by cities
or other local agencies must be expended for a "statL purpose." Examples
of the various situation in which expenditures have been held to be for a
"public," a "municipal" or a "Qra «" purpose are rather numerous in the
appellate decisions of our state courts. Discussion of a few may be help -
f ul.
-20-
MI -1
§ 2-79 Low CITY CODs: 2-84
Sec. 3-79. Qualifications for use of firearms.
No member of the police auxiliary shall carry any firearm until
he has qualified for, and received permission from the chief of police.
(Ord. No. 741, § 10.)
Sec. 2-80. Impersonation of members prohibited.
It shall be unlawful for any person to impersonate or falsely repre-
sent himself to be a member, or to wear, use or possess a badge,
cap or insignia used by the police auxiliary. (Ord. No. 741, § 11. )
e
Article IX. Salaries of Council Members.
Sec. 8-81. Tobe based on population.
This article is enacted pursuant to section 36514 of the Govem-
ment Code, as added by chapter 286 of the Statutes of 1965, ati-
thorizing the council to provide by ordinance that each member of
the council shall receive a prescribed salary the amount of which is
based upon the population of the city as determined by estimate made
by the state department of finance. (Ord. No. 804, § 1.)
I'
i I Sec. 3.82. Population of city.
As of the date of passage 4 of this article, the latest estimate of
population of the city made by the department of finance is twenty-
seven thousand, tern hundred. (Ord. No. 804, § 2.)
Sec. 8.83. Established.
Each member of the council of the city shall receive, as salary, the
+ sum of one hundred fifty dollars per month, as prescribed in sec-
tion 36514 for cities over five thousand and up to and including
thirty-five thousand in population, which shall be payable from and
after the operative date of this article at the same time and in the
same manner as the salaries are paid to other officers and employees
of the city. ( Ord. \ o. 804, § 3.)
1 Sec. 2.84. Increase or decrease, t
Following any new and later estimate of population made by the
t 4. Editor's note. The ordinance from which this article derives was
passed November 17, 1965, to beconle effective thirty days thereafter.
32.2 - a
Supp. 12-66
f B
f
i 1
- - 1
2-,84
any firearm until
he chief of police.
bited.
e_ or fal-sely repre-
posstss a Nadge,
. No. 741, § 11.)
tembers.
A of the Goyern-
ttes of 1965, au -
t rich member of
ttount of which is
I by estimate made
1.)
latest estimate of
finance is twenty-
t-i%c, as salarti, the
prescribed in sec -
to and including
payable from and
:e time and in the
rr; and cntltlo' ccs
Fition made by the
article cleticc-� %vas
j �1ays tl�rtcaftcr.
Supt,. 12-66
}
0
s 2 85 ADMINISTRATION § 2-88
department of finance placing the city in a population group other
than that set forth in section 2-83, the salary hereby payable to each
nletnber of the council shall be increased or decreased accordingly
to equal the sum prescribed for that population group in section
of the Government Code, as added by chapter 286 of the
St;►tutes of 1965; provided, however, that the salary as so increased
or decreased shall become payable only on and after the date upon
which one or more members of the council become eligible therefor
by virtue of beginning a new term of office following the next
Succeeding general municipal election held in the city. (Ord. No.
SO4. § 4.)
Sec. 2-85. To be exclusive of reimbursement for necessary
expenses.
The salaries prescribed herein are and shall he exclusive of any
amounts payable to each member of the council as reimbursement
for actual and necessary expenses incurred by him in the
performance of official duties for the city. (Ord. No. 804, § 5.)
See. 2-86. Operative date.
This article shall become operative only on and after the date
upon which one or more members of the council become eligible
for the salary prescribed herein by virtue of beginning a new term
of office following the general municipal election next succeeding
its effective date. (Ord. No. 804, § 6.)
Article X. Hearing Procedures.
Sec. 2-87. Findings of fact.
In proceedings where findings of fact are required, the hearing
body shall make its findings in writing, if a written request is filed
by any interested person with the hearing body within ten days of
its decision. (Ord. No. 1102, § 1.)
Sec. 2-88. Preparation and adoption.
Where findings are requested, they shall be prepared within
fifteen days of the date of receipt of the request. Thereafter, the
32.2a
Supp. M 17. 9-77
hrLY \._ til --iri.��..r� �� "+-, 5��-•�_= '.YY.u..t
i'
pir.3 OFFICERS--('F.NERAL § 36514
ti►ra ons n vneancy in such office, within
�at••1S i 1-72, p. 246, J 13. authorizing-
baaril of trustees of the city to np-
nt a chief in ease of a vacancy- In the
anti providing that the appointee
j-atl hold the office until the next city
,"ion; and PoI.C. i WO (repealed) de-
rariog- that an office becomes vacant on
,be decision of a competent tribunal do-
rlvrint vold his eicction.^ etc. reopie ex.
Ml. 1►rew v. Rodrers (1.S07) 50 I'. OGS.
Ili C. 393.
prwviAons of the 'Brown Act, Gov.C. 11
;,q;q-5-4DC0. requiring public meetings of
y'i�l htit a bodies of local agencies, do not
,pplr to appointment to fill city council
,a.-ancy. which falls within exception con -
pined in ! MON. and appointment made
at executive session of council is valid.
411 Ops.Atty.Gen. 4.
public board has no power to confer
as appointment on one of Its. own utem-
lers. 23 Ops.Atty.Gen. 75.
A -here city council of sixth class city
was curapo" of five members. and first
member bell a term of office expiring in
April 1954. and second member held term
expirint In April 19X, and it-cond men%-
ber resigned, and subsequently first metn-
ber submitted his resignation, remaining -
members of council could not aPt/oint fit -St
member to vacancy created by revoit-1
meniber's resignation. Id.
2. Writs
Mandamus cannot be uscd to Compel a
municipal board to fill a vacancy unle%s
fact of vacancy is not disputed, hlo.e v.
Superior Court In and for San Mateo,
County (11130) 217 P.2d 97, Or- ^- =►
913.
Where part of vacancy is In dispute.
quo warranto gives a plain. spcely- nuc.
adequate reuehly to determine who is eati-
tied to public office. Id.
R-liere no substantial question existed
as to validity of npptoiattaent to city coun-
cil, application for leave to sue In quo
warranto to determine right of appolutee
to hold the office would be denied by. the
nttornry general. 25 Ops.Atty-Crn. :13.
§ 36513. Councilmen; vacancy for absence
If a city councilman alisents himself without permission from all
regular city council meetings for 60 days consecutively from the last
regular meeting he attended, his office becomes vacant and shall be
filled as any other vacancy. (Added Stats.1949, c. 79, p. 144, 11.)
Derivation: Cee Derivation under i W512.
§ 36514. Councilmen; compensation; submission to electors;
alternative provisions
_ At any municipal election, the question of whether city councilmen
shall receive compensation for services, and the amount of such com-
pensation, may be submitted to the electors. If a majority of the elec-
tors voting at the election favors it, all of the councilmen shall receive
the compensation specified in the election call. Compens•.tion of coun-
cilmen may be increased or diminished at any municipal_ election, in the
same manner as it was originally established.
It is hereby declared that it was the intent of the' .egislature in the
repeal of this section and the enactment of other provisions relating to
city councilmen's salaries at the 1965 Regular Session of the I egisla-
ture not to invalidate the payment of compensation to councilmen ap-
proved by the electorate prior to September 17, 1965, pursuant to Sec-
tion 36514 as it existed before that elate; and any past or future nay -
381
t
§ 36514
CITY GOVERNMENT
Title 4
ment of compensation pursuant thereto is hereby confirmed, validated,
and declared legally effective.
The provisions of this section shall be alternative to those of Sec.
tion 36516. (Added Stats -1966, 1st Ex.Sess., c. 12, p. 275, 4 2, ur-
gency, eff. April 11, 1966.)
Historical Note
Former section 3G514. relating to com-
pensation of councilmen. added by Stats.
1905. c. 'l.K p. 1237. 12. Bras repealed by
Stats.19ti6, let EX -Sess.. e. 1% P. 275. 1 L
Original erection 36514, relating to com-
pensation of councilmen, added by Stats.
2ti`f9. a 79. p. 144. 1 1. amended by
SGtts.1957, e. 1362. p. 2697. 1 1; Stats.
1963, c. 1998. p. 4077. 1 1. was repealed
by Stats.IW5. c. 2S6. p. 1257. 11. the orig-
inal *"on was derived from Stats.1883,
c. 40, p. 263. 1 555; Stats -19M. c. 100. P.
143. 1 1; Stats.1931, c- 13Z. p. 190. 1 G;
Stats.1934, c. 516. P. 1M 1 8; Stats.
1041, c.180, P. 1177.1 L
Prior laws: Former section 36514. add-
ed by Stats -2919, c. 79, p. 144, 1 1,
amended by Stats -1957, c. 136% p. 28:17, i
1; Stats.1963, c. 2%% p. 4077, 1 L
Former section 86514, added by Stats.
1963. c. 256. p. 1257.12.
Library References
Dlunicipal Corporations C-103.2. C.M. Municipal Corporations 1454.
Notes of Decisions
1. Construction and application
Section 8W16 and this section relating
to compensation of city councilmen. pre-
clude a city council, which has declared it.
self to be the governing board of a rede-
velopmcnt agency, as authorised by Health
and S.C. 1i 8300? and 38_`00, from in-
ereasin: the compensation of its members
for their service as members of the gov-
ernin; board of the redevelopment agency.
44 Ops.ltty-Gen. 170.12-22-"
§ 36514.5 Councilmen reimbursement for expenses
City councilmen may be reimbursed for actual and necessary ex -
penes incurred in the performance of official duties. (Added Stats.
1966, 1st Ex.Sess., c. 12, p. 276, g 3, urgency, eff. April 11, 1966.)
Library References
Municipal Corporations Q=3,163. CJ.S. Municipal Corporations 1535.
§ 36515. ComicHmen; compensation; filling vacancies
The compensation of a city councilman appointed or elected to fill
a vacancy is the same as that payable to the member whose office was
vacated. (Added Stats.1949, c. 79, p. 145, 11.)
Derivation: See Derivation under 136514.
382
D►r. 3
§ 3651
A cit $'
ber of the,
be detern
(a):
dollar
(b)
t
one hand
(c)
two hund
(d)
two hunt
(e)
($300) r
For,
by the e5
In
provides
mined b:
Finance
Streets :
Cot
provide)
tive vot
jdcipal
Stats.V
1966,1
e. 642. ,
Tbo r,
the amt
thus thin
This
as Loll=.
sany r
genera';
was c, .
Camp"
Iran 4'
The
aeconc
read I
pr SV
of the
counc;
GOVERNMENT CODE § 36516
twcauset be exer-
the Of 0 � join
ties u ernp
1 36512.1 Vacancies; special election to flit; ordinance
)'once Uf!tcers
Cal-
ra t197p iSf Cat.
Notwithstanding the provisions of Section 311512, a city many enact /tit ordinance
requiring that it sp•clal election he called Immediately to fill every city cottricil
vacant-). The ordinance shalt prnvitl• that the x)>tcial electian sha11 14' held on
the su•xt rt'gtilarly established election date not h xs than • • • 19) days from the
call of the Special election. A city may also enact an ordinance requiring tont a
N that nwmoren
special election be held to fill it city council vacancy when iktitionx Iwaring a xl►�ci-
ne." but "It be
bo•!y of uency or
fled number of verifhNI signatures are filed. The ordinance shall provide that the
.. for deterrnlna-
special election shall be held on the next regularly established election tante not
tative decision
no as to COMM,less
than • • • 90 days from the filial of the petition. However,a governing
y governing bpi
p romentatire SAO
body which has enabled such an ordinance cony at-to call a xptcial election pursu-
City of Idanhet-
ant to Section 36512 without waiting for the filing of u petition.
leper. t6t. SSS P.2d
(Added ':y-;tats.lq7:4,* c_. 4)tg. p. 970. 1 1. Atnendoil by Stata.11175, c. _3183. p. 703, 12:
provulans of
11 2300 et o".).
Stats.1977, c. 1205. p. 4076, 1 W.)
refusal to enact
taw Cates to fix
tration compels
1 36512.2 Vacancies; special election to file after term of temporary appointee;
,
re intended city
ordinance
to fit compensa-
lnit of conlpensa-
Notwithm anding the provision. of Section :#:312, it city may enact in ordhium e
under
providing that n person appointed to fill n vacancy on tie city county it holds office
he poser
for arbitration of
only until the date of it special election which shall immediately he called t•. ria
. much power could
the remainder of the terns. Ruch a special election may Ice' held on flit- date of the
initlative. Id.
next regularly scheduled election to be held throughout the city trot less than • • •
90 days from the call of the sp•chd election, unless such an elution (late falls ruore
mecca at picas-
ty. he may not be
than 270 days from the call of the F;Iwvi:t) election, in which case the special election
of
eat for exrights
mendment r{R
shall be held on the next regular) established election date not lesn s tha• •
y
i, te) in abnnce
90 days from the call of the special elution.
which employing
uch constitutional
tAddel by stat.s.1973, c. 4M. p. 959, j 2, Amended by Stats.197 S, c. 28.4, p, 701, g 3:
palling public In-
renployee to entl•
Stata.1977, c. 120. it. 4077, 191.)
b"rins- Iteaids-
.s'n v. City of
C.
1 36512.3 Repealed by State. 1977. e. 750. p. 2347, 14
I.ttptr. alt. 67
The repealed mection, added hy Stats.1973, tion at next election for one appointed to
C. 488, P. 960, 1 S. amended by Stats.i9T4. C. fill vacancy for remainder of a terse of of-
1244, p. 2697. 1 S. relating to ballot designa- rice. see, now. Flee. C. 1 16211.
1►11rIN)?W, the city
1 36512.5 Repealed by Stats-1977. e. 750. p. 2347, 14. off. Sept. 12. 1977
et-tivo- officers, or
nnril: provided.
1 36514. Councilmen; compensation; submission to electors; alternative pro-
th.• ele ctorx more
visions
-----
1. Construction and application
It would be Improper for any city to pay berg pursuant to d 91012. relating to penal-
for fines assessed by the fair political prat- ties for late filing of statements or reports.
tices commission against city council mem- 61 Ops.Atty.Gen. 242. 7-26-78.
Laacer of La;runa
1 36514.5 Councilmen; reimbursement for expenses
ro Dresentlyy const{-
t1ps.Atty.(3en. 183,
1, In general
Payment to city councilmen and mayor not subject to verification. Albright v_
of monthly flat sums as reimbursement for City of South San Francisco (1975) il't
miscellaneous unitemlzed expenses incur- Cal.Rptr. 901. 44 C.A.3d 866.
red In the performance of their official It would be Improper for any city to pay
duties, in addition to reimburserntnt for for fines assessed by the fair politica) prac-
x1 fill any
) estcune )
Itemized expenses was improper, where gees commission s)cair.st city council mem-
there was no valld ordinance or resolution berm pursuant to 1 91013, relating to penal-
'atky is In nit ape
authorising such payments and actuality ties for late filing of statements or reports.
If the vacancy
and necessity of the claimed expenses were 61 Ops.Atty.Gen. 212• 7-26-78.
he ct►mmencement
136516. Councilmen; salary schedule; change In compensation
sPeCint election to
it regularly estall-
A city council may enact an ordinance providing that each member of the city
rail of the rgwcial
council shall receive a salary, the amount of which shall be determined by the
(fRcr for the un-
following schedule:
(n) In cities up to and Including 3.),000 in populttion, up to and Including one
hundred fifty dollars (?1:50) per month;
to.)
(b) In cities over 35,000 up to and Including 50,000 In lxlpulatiun, two hundred
as by amendment
dollars ($200) per month-,
Asterisks • • • Indicate deletions by amendment
93
36516 GOVERNMENT CODE
(c) In cities over :50.000 up to and including 7:5.000 In population, two hundred
fifty dollars ($230) per month.
(d) In cities over 75,000 up to and Including 150.000 in population, three hundred
Chapter
dollars ($300) per month.
7. Park and PI
(e) Cities over 150.000 population up to and Including a population of 230,000.
four hundred dollars ($400) per month.
(f) Cities over 250,000 population, fire hundred dollars ($500) per month.
-
For the purposes of this section the population shall be determined by the esti-
sec
mates of population made by the Department of Finance.
r
36812.1 Flection
In a city changing from a lower to a higher population group as provided in
36515. Council n
this section. the amount of compensation aball be determined by the latest esti-
j 36812.1 Eleetlt
mate of population made by the Department of. t9naace or as provided In Sections
If n written Att
2107, 2107.1 and 21072 of the Streets and Highways Code,
!
20050 and 200551
Compensation of councilmen may be increased beyond the amount provided In
alencement of ai
this section or decreased below such amount by an affirmative cote by the majority
authority of the
of the electors of the city voting at any municipal election.
the applicable Ix
'Any amounts paid by a city for retirement. health and welfare. and federal social
the filing of the f
security benefits shall not be included for purposes of determinhig salary under
Upon the expir
this section provided the name benefits are available and paid by the city for Its
to Section 36812
employees,
mencing with Seg
(Amended by Stats.1972, c. 591. p: 105.3. 1 1; Stats.1974, c 1378, p. 3000. 1 2.)
z
such proceedings
(Added by Stata.
i. Construction and application
It would he improper for any city to pay layed pursuant to 1 36516.6 until one coon-
for tinea assessed by the lair political prat- cil member commences a new term of of-
Library reterencee
Elections X378
tices commission against city council mem- rice when such adjustment is by an ordi-
bers to siei3. In this see -
C.J.S. Elections
pursuant 1 relating to penal- nance adopted accordance with
ties for late filing of statements or reports. tion and to based on an increase In the
1 36815. Council
91 Ops.Atty.0*n. 142.1-26-73. city's population. 64 Ops.Atty.Qen, 11t.
The effective date of an adjustment in 6-19-71.
Any reference
the salaries of city council members Is do -
councilwoman"
1 36618.2 Councilmen; compensation; Increase by ordinance or ameadmeat; prehl-
designate herself
(Added by Stats.?
bitlon against automatic Increases
Notwithstanding the limitations contained In Section 36.'516 with respect to In-
Library reference
Municipal Corpc
Creases or decreases In councilmen's salarl x, the compernsstInn of councilmen may
be Increased beyond the amount provided in Section 36.516 by an ordinance or
amendment thereto enacted by the city council but the amount of such Increase
may not exceed an amount equal to 5 percent for each calendar year from the
operative date of the last adjustment of the salary in effect when the ordinance
1 38900. Violat3
or amendment thereto Is enacted; provided that no salary ordinance shall be
(a) Violation c
enacted which provident for automatic future Increases In salary,
an lufraction.
(Added by Stats.1974 c. 591, p. 1054.12:)
of the people of
Library references
Municipal Corporations e1=164.
GJ.8 Munlalpal Corporations 1521.
(b) Everyylo
exceeding fifty
1'6516.5 Prohibition against change In compensation during term of office;
Bred dollars W.
staggered terms
(3) a fine not e:-
1. In general The eftective date of an adjustment In
ti
of the same ores
A charter city has the authority to adopt the salaries of city council members Is do -
an ordinance to increase compensation for layed pursuant to this section until one
(Amended by $
city council members which would become council member commences a new term of
effective at a time different from that pro- office when such adjustment Is b7 ar orll-
1974 Amendrn
the "unlc
vided by this section. 67 Ops.Atty.Oen. 11, nance adopted In accordance with 1 1661.
1-1044. and Is based on an Increase In the cit? s t
words
an lntraction" ;
populaUon. 64 Ops.Atty.Gen. 111, i -i0-71.
1 36517. Clerk and treasurer; compensation
suDploasem
The city clerk and the city treasurer shall receive, at stated times, a cow-nsation
i
Obstructing pede-
fixed by ordinance or resolution. • • •
(Amended by Stats -1971, C 275. p. 580, 1 1•)
'
'
1.5 Obstructing
Municipal ordl
Format Be* West's California Code
son. who has b-
Pbrms. Government.
Asterisks • •
Underline indicates changes or additions by amendment
t
94