| Show ORDINANCE INCREASING FIREMEN'S PAY I ILLEGAL CITY ATTORNEY NYE HOLDS I MAYOR THOMPSON VETOES THE BILL I City Attorney George L. L Nye today sent an opinion to Mayor Thompson in which he holds that the ordinance proposing proposing pro pro- posing pOing to increase the s salaries I i les of ot the fire department empl y s cannot cannot be legally passed in its present form Should the ordinance be e amend amended amend d by inserting a section expressly limiting its operation to future appointees es in the department Mr Nye NYc adds add dds it it would then be within the powers o of the Council Council Coun Coun- cil but this of course would not have havethe havethe havethe the effect at present desired City Attorneys Attorney's co Contention In presenting hi his opinion Mr 11 Nye Nyc calls attention to section 5 chapter 28 of the Session Laws and says that in so far as the attempt is made to confer upon City Coul Councils in cities having a population population- of or more the express express- power t to increase or decreaSe decrease decrease de de- de- de crease the salaries to be PI paid d In the fire and police departments the proVision provision provision pro pro- vision Is without force or effect and cannot be held to give City Councils power to Increase or decrease salaries and have the same operate upon the salaries to be thereafter paid to men holding office in the departments at the time of the increase 0 or decrease Statutes in Question In support of this view he he cites the provisions of section lIe of the Revised FIRE CHIEF WONT WON'T f I DISCUSS HIS PLANS I f Chief Devine of the Fire department department de- de def f ff f when asked today f 4 what he will do now that the I f ordinance increasing increasing- his salary f ff f has been declared f 4 and vetoed by the Mayor f declared he had nothing to say sayf f ff f until he had become acquainted f 4 with the details of the decision f ff f When questioned as to ta 1 4 4 er he would resign unless his salary sal salT f fary ary is raised he declined to discuss discuss dis- dis f ff f cuss the subject Statutes which prevents the raising or lowering of an officers officer's salary to take effect during the time for which such stich officer was elected or appointed He also cites the provision of the Constitution Constitution Constitution regarding regarding- amendments which provides that No law shall be amended amend amend- I ed by reference to its title only but the act as revised or section as amended amend amend- I ed sh shall ll be enacted re-enacted and published at length Attention is further directed to the decision of the Supreme court in the case of State vs Deddo in which the court held that section 22 o article of-article 6 of the Constitution regarding statutory i amendments was vas restrictive and man man- dator Mr Nye accordingly holds that the legislative attempt to enlarge the powers powers pow pow- ers of City Councils by section 5 of chapter 28 Session Laws of 1899 1399 in the face of section is illegal and void In harmony with the the views ex expressed expressed ex- ex pressed by by the City Attorney Mayor Thompson has has filed filed with the City Recorder Recorder Recorder Re Re- corder his disapproval of the ordinance in its present form and bases his disapproval disapproval disapproval dis dis- dis- dis approval upon the opinion of the Attorney Attorney At At- torney which accompanies the veto Vito May Nay Recover Back Dack P Pay Chairman D Das Daveler eler of the Committee on Fire on-Fire Fire said today By the ruling of the City Attorney it is apparent to me that the firemen may recover back salary for a period of six years or since their salaries were the Council in 1895 1896 If under un un- un- un del deg the law the Council cannot Increase the firemen's salaries it necessarily f follows fallows that it cannot decrease their payAs payAs payAs pay As to the increase in salaries the tle committee acted upon the advice of the Mayor 1 in in- his annual message which recommended a a. revision of the salary schedule Councilman Daveler states that at atthe atthe atthe the next meeting of the Council he will introduce a resolution in view of or the nty ity ty Attorneys Attorney's op opinion nion to r tore the salaries o of the members of the theire lire ire ire department de do- to the amount In force when the reduction was made in 1896 |
