Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-02-19

nation by the council, all the appoint
I've officers provided by law or the or
dinances OF this city, but also to APP
point in the departments Of appointiye
officers, all the deputies and agents
provided for by the ordinances OF salt
Lake city, subject TO confirmation OF
approval OF the council, This includes
In nv judgment, all employees IN each
appolntive department, who are regu-
lar employees. In other words, all EN-
ployes except In cases where tempor-
airy or emergency employees are author
tied and permitted TO be employed by
the head of such department.
In re engineering department, ! find
no authority or provision made for any
employee since the Revised Ordinances
became effective, AS the law now
stands, so far as the engineers Office
Is concerned, only the engineer is en-
titled to pay; no assistants are pro-
vided for and no emergency provisions
made in respect to that department.
In re sexton of city cemetery, since
the Revised Ordinances became effect
I've there Is no authority for any en-
ployes whatsoever and the sexton,
only, il entitled to pay.
In re superintendent Of waterworks,
by the Revised ordinances II appears
that the superintendent OF waterworks
may appoint subject to confirmation
by the council, certain named assist
ants and employees, TO have the salaries
therein specified. / am constrained to
advise you that I'm view OF Chapter 81
Of the Laws OF 1899, In 80 far as the
superintendent Of walerworks Is given
the power to appoint such assistants,
the ordinance is illegal The power to
appoint, by the laws Of this state, rests
exclusively In the mayor. subject to
the approval Of the council. In case of
the positions named and the salaries
mentioned, II they have been filed and
the duties performed the employees are
entitled to the compensation namd,
but you have the power to fill the posi-
lions In the future.
There is also a provision IN the or
dnances respecting that department,
giving the superintendent power to APP
point certain employees therein named.
and such other as the necessity of his
Office may demand, in such numbers
and at such compensation as the city
council may authorize. II. as before
stated any Of them are regular en-
ployes, not merely tentative for cmer-
RenCy purposes, the appointment
should be exercised by you, and not by
the superintendent.
In IL land aud water commissioner
the ordinances do not specify or fix the
compensation Of any deputies. When
such deputies are properly provided
for by the council and their salaries
fixed their appointment will lie with
the mayor; until then authority is
lacking and no authority for paying
them.
As to regular employees in appointivc
departments, think they should be
authorized in advance, and compensa-
ton fixed by the council, by ordinance.
When this Is done the mayor should
appoint, ana the council act upon the
appointment,
The practise Of the heads of appoint
i've departments employing regular as
sistants and then sending In a payroll
to be approved by the council and
mayor Is irregular and unauthorized,
for the reason that the compensation
OF such employees should be fixed by
ordinances and the appointments made
by the mayor
Yours respectfully,
CHARLES C.. DEY.
city Attorney.