Show Ma or Vetoes The rn he Resolution aims Thai bal by bi b Councilman Without His fis Ap Appl pl val Splits the Ibe Idea Thai Capt Cap is Rank ing no g Officer of the Police Polie Department D and ad Says Sa tip tIle ResolutIon Resolute is s Null NII Void and ald Absolutely of No Effect I H f T t orr u 1 salt Luke Lu City Utah f Sal April 1st 1003 1903 Ij President I 0 the Honorable T Imbra ot of thc ie city r and an Lak Utah t tI r Sni ItH I counci I herewith return r rf No O 46 6 G by Councilman n f I the CIty T r rd with f nl r to 4 of ot T IL D e captain po I if without my ray approval etc et rAon r or the Th cIty o of Salt SaltI rM t I CItY ity is 18 the legislative I bunch LaV of ot cur c af municipal gov gas gasI I and U It tt has hau hi no rio exec 1 I Itol ii whatever hat ef The gub J x I S tol ory contained In the on I II iI I stance tance la i beyond the thO jurisdiction of the f fI I I L city Second i Tho ju resolution Is la null nul j of ot no effect j voId Told and absolutely I I 1 am I IT i I II T L If I SIed LZ rO t I IJ S Mayor t I II IT J I T H l I II I n nI In the above abe polite polte and anil positive man ut I MaJor Thomson today Informed that hat ll tt has n nothing I tit u t city l tty who vImo Is 1 the head heat headd W Iem er to say a ay as ns tt to d t the police olIce department and ana that Its Ita Is passed on Monday night de te cri Capt to bo ho the rank of ot that department and nu au tr I ecer the tho 1 him us as such to approve rIng cf ot the department and other ond the Jur t control Is 1 beyond lection of at the Hie council counci ant and absolutely Iril m U ltd ad al void I or that the mayor maor has baR vetoed the tho the question queston Is whether or ort lot faction can secure t the It th c U te rotes necessary ar to 10 pass It I t over heal head It I Is an assured tact fact lilt mt t rich wrt Ich an effort would prove Prose fruit l lot I vote on the matter maUer would re reat reo at rt th same as on the original of the resolution namely 8 to toT tone T n The ne next question queston to be e considered h on n which the contention probably arise nt at the council counci meet 1 so 0 Monday on ay night night Is II t whether or not notta ta Oct Ii l anything Involved in II the res resa n a which would require the may ma mayI In I or disapproval I probability hll bui the an men 3 entend that tha there ther In Is nothing In inS S r ton which h requires It to even to the mayor ns os It I con COl conI lib w I no tO D lon for tor an nn expenditure fay mon Therefore the mayors veto eto T I fc h Ignored entirely On the other th Sheets faction facton contends ac nc ncr 1 r to 10 o an opinion rendered by b City CI Nye Nfl today In relation to the thet t that the resolution the al of at the present pre ent chief chieff f f K end nd empowering a n subordinate the h duties dUles of that 1 the thc concurrence of the tf tl r the tho resolution to toOl toor or Ol Ily Hy Recorder se so seI lf sw I td sn a a fron rom lly Ity A tore f n u mm 1 ti t hr or not the tie reso e the th approval or i I 1 ef If rt the tb h bi f executive The Tho ho hoo s that the resolution should houll to o the th mayor maor for his up op or not because It Itin I in an exp p fl fur of o money mon hut but fr I tt r t I Jy ally the re F lof the Ih pt t chief thiet of ot police m t y torney holds was waa Wa le Ie 7 J 1 ITT n TOn EYS OPINION 1 at at Tn rn S opinion on that tha t tAVa f t 1 II AVa In m full tul April I 1 Wl 19 Hi 11 t 0 v Apri I Ny y cm city ly Recorder City Ci rear near Sir Replying to your verbal for nn on 01 opinion tin U a to whether Of Ot not the resolution adopted by the time cl council counci on ou Monday March 30 In Instructing John D 13 Bur captain of ot the police to certify all ul payrolls ant and vouchers In time the police department etc etch U b h u resolution appropriating or involving involving ing tho the expenditure of ot money oley within the of ot section 1 5 of o oHr ofT tir Hr T Statutes andas 11 such re requires quires tho time signature r of Q time the mayor be before before before fore II it can become ICOla operative permit me 11 to sn Jho statutes maXe maie a well 11 defined between contracts resolutions nut propositions Involving the time expenditure dituro of ot money mone direct OH nl a n a necessary of such contract resolution or proposition and other resolutions ai nil effecting Indirectly the o 1 of ot city mons without ac ar accomplishing on UI original appropriation or ctt f an In original liability to pay imn u Ulon UI on Oil the time part of the tho municipality In InI my lily I opinion It cannot Cannot be suld that th the s revolution u ton under consideration crl tOI a n liability against the time city cl or Involves tin lit expenditure of ot money Inane simply Imply be because benu because cause nu o It Is 19 an nn attempted direction to ton ton n Q certain city clr to do 10 n ma certain act ae In connection with wih the tho pay roll rol of ot n a 1 department which pay roll iou Is Isor of or necessity a means to time the ultimate end n Id of tho time of o curtain city cl or of leers fleets and hf nee connected with wih un an ex ox expenditure of money Ione The original Ha HaI In I against the time city cl anti and Inel time the tl proposition Hon tion Involving en mm el of ot monty money w OH IH passed pas el upon when whon time thc ordinance C the time police Pollee department 11 was wal ranted and nd the salaries of ot the ocell and Ina men fixed My Iy conclusion IB lii I therefore that this resolution docs i dc not need neet nee to be he present presented cd ed to the mayor moor for tor his approval ns as a n aH H solution Involving the tho expenditure of money mooney or 01 creating a a liability l On lb city dt I There Is however In my opinion an another other view to bet bel aken of ot this resolution tion ilon tn which blob makes make the time approval of th mayor 1101 before It can become operative On n March 2 the time concurrent action t f time the mayor mno and n a I majority ma orl of th tim city cl council counci appointed George A Siets tl ns as al chief of ot police Ills His oath of M oft t and approved bond have hae been heen filed fled In your YO Omel He lie Is I In charge charI of the department and Is II In Iii II my 1 opinion unquestionably time the head of the department It I Is true that some Is Loin made as na 19 to the time le Ie legality oat of o hl his appointment but tut ut the fact that until tho the question Is paPa cd ed d upon by b i a court of o competent juris jurisdiction diction dicton adversely to him Mr Mv Ir Sheet r Is A the head cf c f the department The Time resolution under consideration n r cites contrary to the fart faCt that hint there Is IA now MI no legally le at qualified e chief of the tho department and after certain recitals Instructs you to notify th h captain of police that hi ht 1 Is II re pol rUle for tor the department and Is In rl to I non time the heath bend of o time tho tw do tie nn ant nH sign time the payrolls vouch vouchers ers era etc This resolution Is therefore an tum attempted removal rei 1 I of o the chief of l police by attempting to take away avy from him anti am elt in a subordinate officer certain of oC the powers and th tim chief olief of ot police If I this could he be nc nr by iy t the city rl council without th lh concurrence of o the mayor that pro provision ro vision ilon of Chapter of o the flu Laws Lnla of ot ISU requiring concurrent nc nr llin un of ot the time council and mayor laor would become lec Inoperative and RI of no effect Clearly Clearl wen such luch attempted action must have the tho approval of the time mayor before bl It ran can heroine become operative Finally In my m opinion II this resolution re must bo lie le submitted to the mayor not because It time the expenditure of ot money r but It I practically In Involves valves the removal of ot the present chief cf ot police potce Very Ver ery respectfully L 1 NYE NYI City Attorney |