The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-05-29
BOARDS POWERS
LIMITED BY LAW
Cannot Increase Pay Save Where
City Council Provides
the Money.
WOULD COST 100000 A YEAR
Applications From Board EN-
ployes Now Pending Might
Overdraw Treasury.
WOULD COST 100000 A YEAR

Clearly defining and greatly limiting
its powers. n written opinion was de-
livered to the Administrative Board by
City Attorney II. l.. Pollard yesterday
to the effect that the board has not the
power TO increase the pay Of city en-
ployes beyond the amounts npnro-
priated by the City Council. In con-
STRUNG the salary clause of the charter
amendments. Mr. Pollard holds that the
administrative Board cannot fix the
pay OF employees in departments not
under its control: and that the increase
or decrease in the pay of employees In
departments. under control of the hoard
must be made TO take effect at the be-
ginning of the fiscal year. unless In
the annual budget funds have been
provided for the pay of employees In
excess of the compensation previously
fixed.
Might Embarrnss City Treasury.
In his opinion Mr.. Pollard calls at
tention TO the fact that the board has
now pending requests from street clean
ers and others for increases in pny
which, If granted. would entail on the
city an annual charge exceeding $50, 600.
AS the estimated receipts for this
year have alraedy been appropriated
and apportioncd to the departments,
such an Increase, If granted might
have the effect of seriously embarrass-
ing the city treasury and making It
necessary to borrow money to meet
current demands.
The opinion is taken to mean that
there is nothing in the charter to en-
power the Administrative Board to OBJ
igate the city for the payment Of any
funds not appropriated. In cases
where the number of employees Is not
nXed. and where a general appropria-
tion In lump sum has been made for
payroll, the board has the right to fix
any rate Of pay that it chooses IL it
CT 1fx,,t 49,
as not TO exceed the total available ap-
preparation.
Text to Opinion.
The oponion of the City Attorney fol-
lows in full:
May 27, 1913.
dministrative Board,
Richmond Va
Gentlemen,-Rcplyin to your re-
quest to construc section &c of an act
Of the General Assembly approved
February 9, 1912. creating the Admins
trative Board. etc, with reference to
the power of the board to increase the
salaries of the employees OF the sew
eral departments, l beg to say that
the full text OF the section referred
to is as follows:
"26. The city Council shall fix the
pay of all officers. but when such pay
has been fixed the same shall not be
increased by the city Council until
the propriety of such increase has been
referred to the Administrative Board,
considered by them and reported upon
to the Council; provided. however, that
the Council may delegate to the Ad
ministrativc BOARD the power to fix
the pay Of all officers (whom they are
now or may hereafter be authorized
to aproint), and provided further that
the pay Of all employees OF the city
shall be fixed by the Administrative
Board, and may. from time to time. be
Increased or diminished by said board"
observe, however. that your in
quiry has reference only to the power
of the board. tc Increase the pay OF the
employees of the several departments,
and therefore this reply, as far as is
practicable. shall refer only to that
matter.
The most cursory reading of the
section referred TO shows that the
statute distinguishes between Officers"
and "employes," and hence in con-
STRUNG the provision 1t Is important
that this distinction and it's nature
should be borne in mind.
Municipal officers are defined ito be
persons engaged for definite term,
Continued on Third Page.)