Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-02-19
Will Not Hereafter Approve Pay.
Rolls Where Employees Have
Not Been Legally Engaged.
A LARGE NUMBER or SUCH.
ClyAtty. Dey Furnishes Strong Opinion
In Relation to Natter Employing
Power With Mayor Alone,

Mayor Morris today sent communi-
cations to the heads Of the various APP
pointiye Offices of the city notifying
them that the payrolls of their re-
spectIve departments will not be APP
proved by him in the future unless he
makes the appointments OF the men
employed in the departments The
mayor yesterday held up the depart
ment payrolls FOR the first half Of
February because the employment of
the parties on the same has not been
legally made as provided in chapter
SIS Of the session laws Of 1899, which
provides that the mayor has the pow
er to make the appointments in all
OF the departments The mayor de-
cided, however to approve the pay
rolls this time and to give the heads
OF the departments notice OF his IN
tentions In regard to the same In the
future. A copy Of the following conf
municatIon was sent to each appoint
I've officer Of the city today:
Dear Sir! Your attention Is called
to the enclosed opinion of the city at
torncy which Is self explanatory.
From this opinion II appears that all
employees In your department not pro-
Vided for by ordinance and who have
not been appointed by the mayor and
approved by the city council are ille-
gally employed and their positions are,
and are hereby declared to be vacant.
To enable me to take immediate
steps to fill these vacancies In accord
anCe with law, you are requested to at
once notify this office Of the places,
positions and rates Of pay of all EN-
ployes In your department necessary
for the proper conduct of the business
thereof and who are subject to the
foregoing conditions.
You will also notify all employees af-
fected by the said opinion that | cam
not legally and viii not authorize pay
ment Of any person whose name ile-
gally appears upon the payrolls In fu-
ture.
You are further notified that your
self and bondsmen will be held under
the law for any and all payments
which have heretofore or which may
be hereafter made to so-caled employ
payrolls certified to by you,
Very respectfully
RICHARD p. MORRIS,
Mayor
This letter backed By the opinion
of the city attorney, means that the
mayor will exercise his authority In
the appointment OF total of about so
department employees and will refuse
to approve the payrolls In the future
unless he makes the appointments.
The departments and number of en-
ployes effected ares as follows. Wa
terworks 20; city engineer 90; land
and water commissioner 4; health,
~; streets IL, city cemetery, a jan
itors city and county building, 3.
city Attorney Dey In his opinion sub
mltted to the mayor holds that 1t Is not
only the prerogatiye Of the mayor but
also his duty to make the appointments
of department employees, He also holds
that since the revised ordinances of
1903 went into effect there have been no
appointments made by the heads Of the
departments or the mayor and hence
the employment Of those now on the
payrolls IL without any authority what
ever, In the city engineer land and
water commissioner, and city cemetery
Departments, the revised ordinances do
not authorize the employment Of any
help whatever, so that In law only the
heads of those departments are at
present entitled TO any compensation,
These defects In the revised ordinances
will have to be remedied by amend.
ments to the ordinances. After the
4 a Ia.
viii have the authority to name the
employees Of the departments,
Mayor Morris has already made an
appointment in the waterworks depart
ment TO I'LL a vacancy. He has APP
pointed Moses Evans as pipemaD.
The opinion Of city Attorney Deg, |
which upholds the mayor In making |
the appointments follows in full.
Salt Lake City. Utah Feb IS, 1904.
Hon, Richard Z. Morris, Mayor.
Dear Slr;--ln the matter Of employees |
of appontive officers, beg to call your |
attention TO chapter 81, page 12l, OF |
the Laws Of Utah, 1899, which amends |
Sec. 2l4 OF the r, S. 1898, and as |
amended TO read MS follows:
"The mayor, by and with the advice |
and consent OF the council, may APP |
point all appontive officers and agents |
that may be provided by law or ordin-
ance, and, In like manner MI all vacan-
cies among the same, except as other
wise provided by law; provided, that
elective officers shall have the sole
right to appoint all their deputies and |
assistants, who shall be confirmed by |
the city council"
Under this provision In my opinion,
II Is your special prerogative and duty
not only TO aDpOint mb ioct IN connr.