HomeMy WebLinkAbout7.3 Council Salaries ReporCITY CLERK FILE # 700-20
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 21, 1999
SUBJECT:
Report regarding Council Salaries
(Report prepared by Elizabeth H. Silver, City Attorney)
ATTACHMENTS:
1) Government Code Section 36516 (salary for
Councilmembers based on population); GCS
36516.1 (additional compensation for directly
elected mayor); and GCS 36516.5 (prohibits change
in compensation during term of office)
Staff Report from April 22, 1991 City Council
meeting
Ordinance No. 6-91 which last adjusted Council
salaries
Ordinance No: 13-92 which provides for additional
compensation for Mayor
5) Dublin Municipal Code Chapter 2.08
2)
3)
4)
RECOMMENDATION: ~/~/Receive Staff Report and provide direction
FINANCIAL STATEMENT:
An increase in Council compensation would not be
effective until after the NOvember 2000 election.
DESCRIPTION:
Government Code §36516(a)(1) allows a general law city with a population under 35,000 to
provide a salary to councilmembers of $300.00 per month. Compensation of city councilmembers may be
increased by ordinance "not to exceed an amount equal to 5% or less for each calendar year from the
operative date of the last adjustment of the ~alary in effect when the ordinance or amendment is enacted."
(Government Code §36516(c).)
Councilmembers currently receive $402.02 per month as co .mpensation. The Mayor's monthly.
compensation is $502.02. A directly elected mayor may receive additional compensation (Government
Code §36516.1.) The additional mount of $100 per month was established for the position of Mayor in
August of 1992.
The Dublin City Council last adjusted salaries for the Council in May of 1991. h was effective after
the November 1992 election. Therefore, for the calendar years 1993, 1994, 1995, 1996, 1997, 1998 and
1999 there was no adjustment or increase in Councilmember's salaries.
The City Council may adopt an ordinance to increase the current $402.02 monthly compensation in
an amount up to 5% per year. The increase will be effective af[er the next election, which is in November
2000.
G:\CC-IVlTGSx99-QTR3\SEPTX9-2 1-99Xas-ccsalary. doe
COPIES TO:
ITEM NO.
In addition, the Council may recapture the 5% maximum increase for years 1993 to 1999 by
adopting an ordinance that increases the salary by 5% (or less) for each calendar year that there was no ~
increase. The statute specifically states that the allowable 5% increase is "for each calendar year from the
operative date of the last adjustment." There has been no interpretation of this particular phrase, judicial or
otherwise; however, the plain language of the statute indicates that if the Council has not increased the
salary for many years, the Council may calculate a five increase for each year since the last adjustment.
Therefore, the City Council may recapture the 5% increases for the above years.
If the City Council were to increase salaries for 1999 only, the mounts would be adjusted as
follows: Current compensation = $402.02. Adjust by 5% for 1999 = $422.12. (Plus, $100 would be
added to the Mayor's salary~)
If the City Council were to increase salaries for the allowed years, the mounts would be adjusted
as follows: $402.02 (current compensation)
1993 increase $422.12
1994 increase $443.23
1995 increase $465.39
1996 increase $488.66
1~97 increase $513.09
1998 increase $538.74
1999 increase $565.68
(Plus, $100 would be added to the Mayor's salary.)
Recommendation:
Consider staff report and provide direction. Options include: 1) no change; 2) increase salaries by 5% (or
less) for 1999; or 3) increase salaries by 5% (or less) for years 1993, 1994, 1995, 1996, 1997,.1998, 1999.
Options 2 and 3 will require an ordinance, which would be scheduled at a future Council meeting.
OFHCE~E~~L
Dlv. 3
filing of statements or reports. 61 Ops.Atty.
Gem 342, 7-26-78.
3. Handicapped comaell members
A California city has authority to expend its
funds to reimburse as travel expenses those
costs which a physically handicapped member
§ 36516
of a city council incurs for the handicap relat-
ed a~sistance of others needed by the member
to travel in the performance of official duties if
a demand for reimbursement of such costs is
approved by the city council unless the charter
or an ordinance of the city provides otherwise.
65 Ops.Atty. Gen. 517, 8-24-82.
§ 36515. Councilmen; 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 by Stats. 1949, c. 79, p. 145, § 1.)
Historical Note
Derivation: Stats.1883, c. 49, § 855; Stats.
1909, c. 100, § 1; Stars. 1931, c. 132, § 6; Stats.
1933, c. 516, § 8; Stats. 1941, c. 130, § 1.
§ 36516. Council members; ordinance providing salary; salary schedule;
compensation for council members, municipal election; in-
crease or decrease
(a) A city council may enact an ordinance providing that each member of
the city council shall receive a salary, the amount of which shall be deter-
mined by the following schedule:
(1) In cities up to and including 35,000 in population, up to and including
three hundred dollars ($300) per month.
(2) In cities over 35,000 up to and including 50,000 in population, up to and
including four hundred dollars ($400) per month.
(3) In cities over 50,000 up to and including 75,000 in population, up to and
including five hundred dollars ($500) per month.
(4) In cities over 75,000 up to and including 150,000 in ~opulation, up to
and including six hundred dollars ($600) per month.
(5) In cities over 150,000 up to and including 250,000 in population, up to
and including eight hundred dollars ($800) per month.
(6) In cities over 250,000 population, up to and including one thousand
dollars ($1,000) per month.
For the purposes of this section the population shall be determined by the
last preceding federal census, or a subsequent census, or estimate validated by
the Department of Finance.
(b) At any municipal election, the question of whether city council mem-
bers shall receive compensation for services, and the amount of compensa-
tion, may be submitted to the electors. If a majority of the electors voting at
the election favor it, all of the council members shall receive the compensa-
tion specified in the election call. Compensation of council members may be
increased beyond the amount provided in this section or decreased below the
amount in the same manner.
§ 36516 CITY GOVERNMENT
TItle 4
(c) Compensation of council members may be increased beyond the
amount provided in this section by an ordinance or by an amendment to an
ordinance but the amount of the increase may not exceed an amount equal to
5 percent for each calendar year from the operative date of the last adjust-
merit of the salary in effect when the ordinance or amendment is enacted.
No salary ordinance shall be enacted or amended which provides for auto-
marie future increases in salary.
(d) Any amounts paid by a city for retirement, health and welfare, and
federal social security benefits shall not be included for purposes of deterrain-
ing salary under this section provided the same benefits are available and
paid by the city for its employees.
(Added by Slats. 1949, c. 79 p. 145, § 1. Amended by Stats. 1963~ c. 1998, p. 4077, § 2;
Slats. 1965, c. 286, p. 1287, § 3; Slats.1966, 1st Ex. Sess., c. 12, p. 276, § 4, eft. April 11,
1966; Stats. 1968, c. 642, § 1; Slats. 1972, c. 591, p. 1053, § 1; Stats. 1974, c. 1378, p.
3000, § 2; Slats. 1984, c. 100, § 2.)
Historical Note
Stars. 1984, c. 100, § 4, read:
"In enacting this act it is the intent of the
Legislature in the repeal of Sections 36514 and
36516.2, and in the amendment of Section
36516, of the Government Code relating to the
salaries of city council members not to invali-
date the payment of compensation to city
council members approved by the electorate
before January 1, 1985, as those sections exist-
ed before that date. Any past or future pay-
ment of compensation pursuant to those sec-
tions is hereby confirmed, validated, and de-
clared legally effective."
Part of the subject matter of this section was
formerly contained in §§ 36514, 36516.2.
Derivation: See Derivation under § 36515.
ForIns
See West's California Code Forms, Government.
Library References
Municipal Corporations ~='162(1) et seq. -,
C.J.S. Municipal Corporations § 523 et seq.
WESTLAW Electronic Research
See WESTLAW Electronic Research Guide following the Preface.
Notes of Decisions
Adjustment of salary 1
1. Adjustment of salary
The effective date of an adjustment in the
salaries of city council members is delayed
pursuant to § 36516.5 until one council mem-
ber commences a new term of office when
such adjustment is by an ordinance adopted in
accordance with this section and is based on
an increase in the city's population. 54 Ops.
Atty. Gen. 112, 6-30-71.
Section 36514 (repealed; see, now, this sec-
tion) and this section relating to compensation
of city councilmen, preclude a city council,
which has. declared itself to be the governing
board of a redevelopment agency, as autho-
rized by Health and S.C., §§ 33007 and 33200,
from increasing the compensation of its mem-
bers for their service as members of the gov-
erning board of the redevelopment agency. 44
Ops. Atty. Gen. 170, 12-22-64.
§ 36516.1. Elective mayor; additional compensation
A mayor elected pursuant to Sections 34900 to 34904, inclusive, of the
Government Code may be provided with compensation in addition to that
628
OFFICERS GENERAL
Div. 3
§ 36516.6
Repealed
which he receives as a councilman. Such additional compensation may be
provided by an ordinance adopted by the city council or by a majority vote of
the electors voting on the proposition at a municipal election.
(Added by Stats. 1966, 1st Ex. Sess., c. 45, p. 359, § 1.)
Library References
Municipal Corporations ~=~162(3).
C.J.S. Municipal Corporations § 534.
§ 36516.2. Repealed by Stats. 1984, c. 100, § 3
Historical Note
The repealed section, added by Stats. 1972, c. Legislative intent relating to
591, p. 1054, § 2, related to increases and de- § 36516.2, see note under § 36516.
creases in compensation for councilmen. See,
now, § 36516.
repeal of
§ 36516.5. Prohibition against change in compensation during term of
office; staggered terms
A change in compensation does not apply to a councilman during his term
of office; however, the prohibition herein expressed shall not prevent the
adjustment of the compensation of all members of a council serving staggered
terms whenever one or more members of such council becomes eligible for a
salary increase by virtue of his beginning a new term of office.
(Added by Stars. 1966} 1st Ex. Sess., c. 12, p. 276, § 5, eft. April 11, 1966.)
Library References
Municipal Corporations e=162(1).
C.J.S. Municipal Corporations § 523 et seq.
WESTLAW Electronic Research
See WESTLAW Electronic Research Guide following the Preface.
Notes of Decisions
Effective date of change 1
1. Effective date of change
A charter city has the authority to adopt an
ordinance to increase compensation for city
council members which would become effec-
tive at a time different from that provided by
this section. 57 Ops.Atty. Gen. 11, 1-1.0-74.
The effective date of an adjustment in the
salaries of city council members is delayed
pursuant to this section until one council mem-
ber commences a new term of office when
such adjustment is by an ordinance adopted in
accordance with § 36516, and is based on an
increase in the city's population. 54 Ops.Atty.
Gem 112, 6-30-71.
§ 36516.6. Repealed by Stats.1985, c. 98, § 1, elf. Jan. 1, 1987
Historical Note
The repealed section, providing for the grant bets, was added by Slats. 1985, c. 98, § 1, and
of a salary increase to certain council mere- expired by its own terms.
629
CITY OF DUBLIN
AGENDA STATEMENT
CITY CdUNCIL MEETING DATE: April 22, 1991
SUBJECT:
PUBLIC HEARING - Ordinance Increasing City Council
.Salaries
(Report Prepared by Kay Keck, City Clerk)
EXHIBITS ATTACHED: Draft Ordinance
RECOMMENDATIONS! Open Public Hearing
Receive Staff Presentation
Receive Public Testimony
4) Close Public Hearing
5) Deliberate
6) Waive Reading and Introduce Ordinance
FINA/qCI~L STATEMENT:
The passage of this Ordinance would not
immediately impact the costs of Council's
salaries. The adoption of this Ordinance would
result in an increase of $19o14 per month for
each Councilmember subsequent to the November,
1992 election.
DESCRIPTION: This Ordinance was prepared in accordance with
Section 2.08.020 of the Dublin Municipal Code, which establishes a
salary of.$300 per month for City Councilmembers in cities with up to
35,000 population, pursuant to Government 'Code Section 36516. Section
2.08.020 allows an increase in Councilmember salaries, not to exceed 5%
for each calendar year.
This Ordinance would provide for a 5% increase for calendar year 1991.
However, incumbent Councilmembers would not be eligible to receive the
increase until after the November, 1992 election.
The City Council's present monthly salary is $382.88.
Staff recommends that the City Council conduct a public hearing, waive
the readin~ and introduce the Ordinance.
ITEM NO.
Attachment 2
ORDINANCE NO. 6 - 91
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING DUBLIN MUNICIPAL CODE SECTION 2.08.020
AND PROVIDING FORAN INCREASE IN THE SALARY FOR
MEMBERS OF THE CITY COUNCIL
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
Section 1: PURPOSE
Ordinance No. 6-82 established salaries for members of the
Council, as amended by Ordinances No. 22-85, 8-87, 4-88, 3-89 and
1-90. The purpose of this Ordinance is to modify salaries for members
of the City Council in accordance with Dublin Municipal Code Section
2.08.020, Subsection A.
Section 2: AMENDMENT
Section 2.08.020, Subsection A, is hereby amended by adding the
following language: "The said $300 shall be increased in an amount
equal to 5% of the 1990 salary for calendar year 1991."
Section 3:
No Councilmember shall be eligible to receive the increase
provided herein until one or more Councilmember begins a new term of
office.
Section 4: EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30) days
from and after the date of its passage. The City Clerk of the City of
Dublin shall cause this Ordinance to be posted in at least three (3)
public places in the City of Dublin in accordance with Section 36933
of the Government Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Dublin on this 13th day of May, 1991, by the following vote:
AYES:
Councilmembers Burton, Howard, Jeffery, Moffatt and
Mayor Snyder
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Ma~6r
Attachment 3
ORDINANCE NO. 13 - 92
AN ORDINANCE OF THE CITY OF DUBLIN
ADDING SECTION 2.08.040 TO THE DUBLIN MUNICIPAL CODE
PROVIDING FOR A MONTHLY SALARY FOR THE ELECTED OFFICE OF MAYOR
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS:
Section 1.
Government Code Section 36516.1 provides that a directly
elected Mayor may be compensated in addition to that compensation
received as a Councilmember.
Section 2:
AMENDMENT TO CHAPTER 2.08
Dublin Municipal Code Chapter 2.08 is hereby amended to add
Section 2.08.040, to read as follows: "The Mayor ~hall receive a
'monthly salary of $100, in addition to that which he/she receives
as a Councilmember."
Section 3:
EFFECTIVE DATE
This salary shall become effective at such time that a
directly elected Mayor is sworn into office°
Section 4:
EFFECTIVE DATE AND POSTING OF ORDINANCE
This Ordinance shall take effect and be in force thirty (30)
days from and after the date of its passage. The City Clerk of
the City of Dublin shall cause this Ordinance to beposted in at
least three (3) public places in the City of Dublin in accordance
with Section 36933 of the Government Code of the State of
California.
PASSED, APPROVED AND ADOPTED by the City Council of the City.
of Dublin on this 10th day of AugUst, 1992, by the following
vote:
AYES:
Councilmembers Burton, Howard, Jeffery, Moffatt
and Mayor Snyder
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
lerk
Attachment 4
2.08.010
Chapter 2.08
CITY COUNCIL
Sections:
2.08,010
2.08,020
2.08,030
2.08,040
2.08,050
Meeting place
designated.
Salary for members
established.
Election of mayor and
councilmembers--Term
of 'office.
Mayor's salary.
Term limits.
2.08.010 Meeting place designated.
A. The City Council will hold all regular
meetings in the Council Chambers at the
Dublin Civic Center, located at 100 Civic
Plaza, in the city.
B. If the regular meeting place is unable
to accommodate the number of persons in
aliendance, the Council may recess the
meeting to another place. If the Council
anticipates that the regular meeting place
will be inadequate, the Council, or Mayor
in the event of an emergency, may order
that the meeting be held in mother place.
(Ord. 14-89 §§ 1, 2)
2.08,020 Salary for members
established.
A. Pursuant to Section 36516 of the
Government Code which provides that a
City Council may enact an ordinance pro-
viding that each member of the City Coun-
cil shall receive a salary which shall be
determined by a schedule of population for
cities, the members of the City Council
shall receive a salary of three hundred dol-
lars ($300) per month. The three hundred
dollars ($300) shall be increased in an
mount equal to five percent (5 %) for cal-
endar year 1989. The said three hundred
dollars ($300) shall be increased in an
mount equal to five percent (5 %) for cal-
endar year 1990. The said three hundred
dollars ($300) shall be increased in an
amount equal to five percent (5%) of the
1990 salary for calendar year 1991.
B. No Councilmember shall be eligible
to receive the increase provided heroin until
one or more Councilmember begins a new
term of office. (Ord. 6-91 § 2; Ord. 1-90 §
2; Oral. 3-89 §§ 2, 3: Ord. 4-88' §§ 2, 3:
Ord. 8-87 §§ 3, 4: Ord. 22-85 § 3: Ord. 6,
1982)
2.08,030 Election of mayor and
councilmembers--Term of
office.
A. The electors shall hereafter elect a
Mayor and four (4) city Councilmembers.
B. The term of office of the Mayor shall
be two (2) years. (Oral. 11-92 §§ I, 2)
2.08,040 Mayor's salary.
The Mayor shall receive a monthly salary
of one hundred dollars ($100), in addition
to that which he/she receives as a
Councilmember. (Ord. I3-92 § 2)
2.08.050 Term limits
No person shall serve as Councilmember
for more than two (2) consecutive terms,
nor shall. any person serve as Mayor for
more than four (4) consecutive terms. In
addition: (a) no person who has served as
a Councilmember for one (1) term shall
serve more than two (2) terms as Mayor if
the terms as Councilmember and Mayor are
consecutive; (b) no person who has served
as Councilmember for two (2) consecutive
terms shall serve a consecutive term as
15
CDublin 12-97)
Attachment 5
2.08.050
Mayor; (c) no person who has served as
Mayor for three (3) or four (4) consecutive
terms shall serve a consecutive term as a
Councilmember; (d) no person who has
served as Mayor for two (2) consecutive
terms shall serve more than one (1) succe-
eding consecutive term as Councilmember;
(e) no person who has served consecutive
terms as Mayor and Councilmember shall
serve more than one (1) more consecutive
term as Mayor; and (f) no person who has
served consecutive terms as Mayor and
Councilmember shall serve another consecu-
tive term as Councilmember. As used here-
in, a person shall be considered to have
served a "term" of office as a Councilmem-
ber if such person has served as a Council-
member for two (2) years plus one (1) day
and a person shall be considered to have
served a "term" of office as Mayor if such
person has served as Mayor for one (1) year
plus one (1) day. (Ord. 18-96 § 1)
(Dublin 12-97) 16