Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-04-01
Mayor Uetoes
The Resolution
THAT by Councilman Eardhy Without His APP
Sputns The Idea That Capt. Busbidge Is Rank
., officer of he Police Department and Says he
Resolution is NuA Void and Absolutely Of No EttecA

Dear Sir-Replyng 10 your verbal
request for an opinion as TO whether
or not the resolution adopted by the
city council on Monday, March 30, in
siructlng John b. Burbidge, captain OF
the police, 70 certify all pay-rolls and
vouchers in the police department, etc,
Il d resolution "appropnating or involv-
ing the expenditure of money" falling
within the language Of section 1876 Of
no Revised Statutes, and as such re-
quires the signature Of the mayor be-
fore IL can become operative, permit
me 10 say
The statutes make a well defined dis
tinction between contracts resolutions
ehd propositions involving the expen-
diture of money direct, as a necessary
part of such contract, resolution or
proposition and other resolutions and
propositions affecting Indirectly the eA-
londiturt of city moneys without ac-
complishing an original appropriation,
or creating an original liability to pay
NJ on the part Of the municipality In
my opinion Il cannot be said that the
resolution under consideration creates
a liability against the city, or involves
the expenditure of money simply be-
certain city official to do a certain act
In connection with the pay roll of a
certain department, which pay roll Is
OF necessity a means to the ultimate
end of the Payment of certain city Of
fcers, and hence connected with an ex-
rpaditure Of money. The original la
tility against the city. and ,he PROPOSE
ton involving an expenditure of money
vas passed upon when the ordinance
c eating the police department was
raised and the salaries of the officers
and men fixed
Ny conclusion Is, therefore, that this
resolution does not need to be present
cd to the mayor for his approval, as a
resolution involving the expenditure OF
money, or creating a liability against
the city
There Is, however, IN my opinion, an
other view To- bet aiken Of this resolu-
ton, which makes the approval Of the
mayor necessary before It can become
operative.
On March o. the concurrent action
C. the mayor and a majority Of the
city council. appointed George A..
Sheets as chief Of police His oath Of
tiiice and approved bond have been
filed IN your office. lie IL I'm charge
OF the police department and Is. In
my opinion, unquestionahy the head Of
the department. It is true that some
question is Icing made as to the le-
gality Of his appointment, hut the fact
remains that until the question Is pass
cd upon by court Of competent iuris-
diction adversely to him. Mr., Sheets
Il the head Of the department
The resolution under consideration
rtcitcs contrary TO the fact that there
is now no legally qualified chief Of the
police department" and after certain
other recitals, instructs you to notify
thc captain Of police that he Is respol-
sible for the department, and Is in
stlucted to ignore the head Of the de-
partment, and sign the payrolls, youch-
eTs, etc, This resolution is therefore,
aH attempted removal Of the chief Of
police by attempting to take away from
him. and vest In a subordinate officer
certain of the powers and duties. Of the
chief OF police II this could be ac-
Ccmpllshed by the city council without
the concurrence Of the mayor that pro-
vision Of Chapter 2S of the Session
Laws Of 1872 requiring concurrent ac-
ton OF the council and mayor, would
tccome imperative and Of no effect
Clearly, such attempted action must
have the approval OF the mayor before
II can become operative.
Finally, in my opinion, this resolution
must be submitted to the mayor, not
because II Involves the expenditure OF
money. but because II practically in
wolves the removal Of the present chief
OF police. Very respectfully.
GEORGE L. NYE.
City Attorney.