Show CERTIFICATION TION IS 18 NECESSARY Attorney Nye Submits Opinion lon as asTo asTo asTo To Police Department Payroll Payroll NOW UP Ui TO ID CAPT tunes lie le Act In Iii Dm the Ihl Ilter Patrol turn incur Will Wil hurt llato to In Wall flail Wal lor Or l In reply rOI to tire the request of ot City Audi Auditor Auditor tor JuIcer Hel for on am al opinion ng ns to tn hother or rued not It I It Is II absolutely necessary for forthe forthe the tire payroll of tIre the tie police department to tobe tol tobt be bt l certified by I the tho head of ot the depart department lle ut mont ment City Attorney Nye Nyc hns has rendered nn run opinion to 10 the effect that such Rueh certification Ir In is II necessary The payroll of oC that depot department was returned lenue U It I wets Wil certified by Iy George A Sheets who wino Mr holds Is iM I not lot the tire legal legally agli ly Iy confirmed heath head of the tine department Pending the tint settlement of that the tire city elt auditor thought It advisable to get nn Inn 11 opinion lS rue is to to whether or on 01 riot not the tire could be without being helM certified 1 to 10 so o that hunt the patrolmen would u not buve to wait for their salaries As Its Al the tine city attorney hits decided that lout they must flutist be certified the tire payrolls will wi not nottie be tie them therm thol paid pull unless Capt certifies The 11 opinion of the tire city cl fol luIs lois In II full ful Nn 8 OPINIO Dear to your communication of March 27 i In which you trek for or us run to 10 whether or not met It ItIs itis Is li absolutely necessary lt for the tire payroll to 10 be certified tu to tuby t toby by tile tl bend of oC the tha before It can cal ho paid pall by the auditor Ild its I to 10 whether IS 13 1 ot of tire the or In tn 1891 1591 s to tire the us ire lS well seil us tie lS to departments from torn which may nitty be lt removed at tt Mill wil by tine Hit I head hend of the department and ullI Iso ilso OR as lS to whether or not absence from the thu payroll of the tho ho name of ot u n legally appointed who according to 10 the records Iras hn not been removed or suspended justify the tho auditor ull Iter In iti refusing to pay Ruch uch persons salary salar permit me moo to say nay Chapter 18 IS of ot the ordinances S pub published In 1 91 no rue and seems to no 10 distinction tion lun between the hourS anti any oilier uther department as ire lS for the tire street str o department Tire ho ordinance In is h broad enough to cover all ni depart departments merits ments In III to 0 which In tir II the tire Pat past la 1 It Inns has been to live luve 11 a I pay payroll roll 11 or AH ens Of the ba lH for the tire payment of ot l tire Ihl Intent of the tire ordinance wn wan to prevent thu lito Ihl unlawful pouting padding of payrolls payroll und anti to require for the tire Information n of ot tire the council and the tine auditor tIre the statement of ot the of ot the department under tinder oath clUb olih as 18 to tine the number arid and ald character of ti tJ I In lii II Iris his hil department t t with ll their time line of service since the tho last payroll rena ns Some such Buch verification IH lit 11 really rely nieces neots l tS wiry la ear even v n In the tha th police where tire the m nam n ale appointed by the hedd he of ot tire thu department and arid confirmed by b Hie council counci particularly au as ni a I source of information t td ci 5 tha tire auditor 1 to I for far tho the thai that tire the existing ordinance pro Pm lloR that tine thu tread head of tho tire department m any SOY member melber for c 1 mu period trot nut to exceed 16 15 days day arid in ease ens of uch such suspension n lon rc only that ho ire notify the tine city council counell Thus any such uch noty would come cUle within the knowledge of the tire auditor only 11 by I fled I dent und arid not In Inn the regular routine A I verified payroll produces notice of turin such I to the auditor and nna operates opra tel us RM it ri source of ot protection nn as well as ns of Information to him mini himIn In III In this connection permit me roe to my say 1 that In my m opinion the tire question which winch you Ou suggest IU as UM to who ho Is II the tine l ble bie bend of if the tile police Pollee department does do riot not ontur Into lh tin r question be before before 0 fore tore us for the th ti renson that tine the or o the tire shall Ihal be lJ by l the lie chief f or tread head of ot the depart department deat ment mont and If I the tire auditor mae ban h any an doubt In hula his own OIVO mind as ns to tire the lh correctness of a I payroll vaol certified fl by h the tire head hend of any tny department It II Is II in my I opinion citify ant Incumbent upon him hll to satisfy saUt himself lf from other than thal the certified payroll The nrc mere marc of n a I payroll IRrol by b the tine heRd bend of oC a I department lOse dues Iles not It Incumbent upon the tine auditor tor to draw warrants in accordance with wih the payroll no so 10 certified dots does It limit the auditor In lii his liU lets concerning the thu The Tire re Of tine thu til ordinance u is simply mandatory ui upon on the thre head henri of ot the tie Ie I anti and n tire the Ih council anti the auditor ID In requiring that n a payroll j i must mired be to ll certified before It II cun cuR be Lie acted Upon Tine The limitation of the tire ordinance II extends no Pt further to your l lat last et question pe e emi molt mil mi me roe le to aty isay y und undEr under r ordinary or circumstances tine the th auditor would not be he Justified In drawing n warrant for 8 it peron jerson ns no l a 1 member of a n department when hEir n 11 inure mc lid did ld not nt on tire Ihl payroll ns as 18 before indicated thc ho auditors U is not limited to tu the Ohio payroll ron until and nn If IC I he Ire h la is lala satisfIed la tl ed that t hl t a n person Ierson line has served the tue city ell In any detriment nt and Is I entitled to h IK hrs paid haiti pai for his hi services he ho may bay nevertheless draw lr a I w tarrant rr nt to cover rover the amount due of whether or not Rueh name appears appear up upon upon on R a regularly l If IC I this thin does dOI not answer your Inquiries Ir IrIN lea ies fully frilly I shall Ihal IM be I pleased to you rou further upon receipt of f soother communication Very reelect fully Signed I b NYE City I |