OCR Text |
Show MAYOR MORRIS DECLARES WAR Assumes the Right to Cut All City Employees Off tho Payroll, and Is Upheld by City Attorney. Mayor Morris has given formal notlco that ho Is In the- njht with the City Council on tho matter of appointments "to tho finish." Ho yesterday sent a communication com-munication to tho heads of tho various city departments," directing attention to an opinion from City Attomoy Dey to vho effect that tho Mayor has tho right, under tho Stato law, to appoint all subordinates under tho appolntivo heads of departments, depart-ments, and notifylnff the officials that no moro payrolls will bo approved by him unless tho subordlnato aro appointed by him. In other words, ho nssumes tho right to declare all positions vacant In thcao departments and to withhold pay from all oxcopt his own appolnteeo. Thoro aro about eighty employees who are affected af-fected by this order of tha Mayor. Tho opinion of City Attorney Dey. upon whloh the Mayor bases his right to mako the appointments, la as follows: Salt Lako City, Utah. Feb. 18, 1904. Hon. Richard P. Morris, Mayor: Dear Sir: In tho matter of omployces of appolntivo ap-polntivo offlcero, I beg to call your attention atten-tion to chapter 81. page 121, of the Laws of Utah. 1S32-, which amends section 211 of tho Revised Statutes, 1S93, and as amended amend-ed to read as followa: "The Mayor, by and with the advice and consent of tho Council, may appoint all appointive officers and agents that may bo provided by law or ordinance, and. in llko manner 1111 all 'acanclcs among the samo, oxcopt as otherwise provided by law; provided, that elective officers shall havo tho sole right to appoint all their deputies and assistants, who shall bo confirmed con-firmed by tho City Council." Under this provision, In my opinion, it Is your special prerogative and duty not only to appoint, subject to confirmation by the Council, all tho appointive officers provided by law or tho ordinances of this city, but also to appoint in tho departments depart-ments of appolntivo officers, all tho deputies depu-ties and agents provided for by the ordinances ordi-nances of Salt Lake City, subject to con firmation or approval of the Council. This includes, in my Judgment, all employees In each appolntivo department, who are regular employees. In other words,, all employees oxcept In cases whero temporary tem-porary or emergency employees aro authorized au-thorized and permitted to bo employed by the head of such department. In ro Engineering department, I find no authority or provision mado for any employee em-ployee slnco tlia Revised Ordinances became be-came effective. As the law now stands, so far as tho Engineer's offlco is concerned, con-cerned, only tho Engineer is entitled to pay; no assistants are provided for and no omergency provisions mado In .respect to that department. In ro sexton of City cemetery, since tho Revised Ordinances bocamo effective there Is no authority for any employees whatsoever, and tho soxtlon, only, is entitled en-titled to pay. In ro superintendent of waterworks, by tho Revised Ordinances It appears that tho superintendent of waterworks may appoint, subject to confirmation by tho Council, certain named assistants and employees, em-ployees, to have the salaries specified therein I am constrained to advice you that In view of chapter 81 of tho laws of 1S09, In so far as the superintendent of waterworks Is given tho power to appoint such assistants, tho ordinance is Illegal. Tho power to nppolnl by the laws of tills State, rests exclusively In tho Mayor, subject sub-ject to the approval of tho Council. In case of the positions named and the salaries sal-aries mentioned. If they havo boon filled and the duties performed, th employees aro entitled to tho compensation named, but you have the power to fill the positions posi-tions in tho future. Thero Is also a provfslon In the ordinances ordi-nances respecting that department, giving the superintendent power to appoint certain cer-tain employees therein named, and such other us the necessity of his office may 'demand, In such numbers and at such compensation as the City Council mav authorize. If, as above stated, any of them are regular employees, not merely tentative for emergency purposes, tho appointment ap-pointment should Ixj exorcises by you, and not by the superintendent. In ro land and water commissioner, the ordinances do not specify or fix the compensation com-pensation of any deputies. When such deputies an; properly provided for by the Council and their salaries fixed, their appointment ap-pointment will Ho with tho Muvor, until then authority Is lacking, and no authority authori-ty for paying them. As to regular employees In appointive departments, I think they should be authorized au-thorized In advance, and compensation fixed by the Council by ordinance. When this Is done the Mayor should appoint, and the Council act upon the appointment. The practleo of tho heads of appolntivo appolnt-ivo departments employing rcgulas assistants assist-ants and then sending In a pavrool to be approved by the Council and Mayor la Irregular Ir-regular and unauthorized, for tho reason that tho compensation of such omployces should be llxed by ordinance and tho appointments ap-pointments made by the Mayor. Yours respectfully. CHARLES C. DEY. City Attorney. |