The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-01-21
POLLARD CALLS
HALT ON BOARD
Cannot Pay Per Diem Employees
for Services Not
Rendered.
COUNCIL HOLDS UPPER HAND
Those Drawing Pay for Over
time Not Entitled to
Other Allowances.

In an opinion rendered TO the Ad-
illustrative Board yesterday City At
torney Pollard holds that the board has
no authority to audit and certify any
pay roll which calls for the payment
for services which have not been per
formed. unless expressly so authorized
by some ordinance of the Council of
the city of Richmond. The test case
was brought up by Mr.. Iiirschberg
in connection with the proposed allow
ance of time to per diem employe
who was absent from duty on &C
count of illness The City AttOr-
neys opinion follows that rendered 10
the Council Committee on street
Cleaning last fall. when he held that
that body had no authority, without
the express action of the Council. to
grant per diem men employed as street
cleaners summer vacations without pay.
Get Extra for Overtime.
The City Attorney makes clear dis
tinction between those employees of the
city who are paid by the month or year
and those on per diem basis. Monthly
employees receive no additional pay for
overtime work or for service on hoh-
days Per diem men are paid for each
extra hour for all service rendered on
holidays. Sundays or at nights. and re-
ceivc full pay for all legal holidays or
special holidays created by authority
of the Council. and work done on such
days is classed as overtime.
There was no uniform practice IN the
old Council committees as to payment
of time lost by reason of sickness
The Water Committee had a working
rule TO allow a per diem employe as
much as two weeks sick leave II d phy-
sician's certificate accompanied the
application The Light and Street
Committees held that they had no such
power. and in extreme cases asked
authority from the Council 10 keep on
the pay roll for limited periods men
injured in the city service
Had Summer Vacations.
Last summer the Administrative
Board campaign was on. and candi-
dates went from one committee 70
another urging that all city employees
be given ten days vacation with pay.
and such vacations were allowed IN the
Water, Light and other departments.
and had been given TO number OF the
street cleaners before halt was called
by the ruling that there was no legal
authority for such action on the part
of anv committee without express
authority from the Council. In view
of the clear ruling of the CITY Attor-
ney il is expected that the Admlnistra-
tive Board will recommend 20 the Coun-
ell a general ordinance granting to II,
Boards the right TO grant limited
amount of sick leave with pay. and 10
continue on the pay rolls for limited
time men injured in the city service.
whether by their own negligence or
otherwise The general ordinance OF
the city specifying legal holidays. IL IS
believed. gives the board full power 10
allow all per diem men full pay for such
days. necessary work performed 10 De
regarded as overtime
Mr.. POlIard's Opinion.
The opinion ndered by Mr. Pollard
follows
Replying to your request comrnuni-
Gated by a letter from your clerk undet
date of the 10th instant asking my
opinion as to the right of the board 10
pay q per diem employe his wages
during sickness. | beg TO say that you
have no right to audit and certify d
pay roll which calls for the payment
for services which have not been per
formed. unless expressly so authorized
by some ordinance OF the Co 1cli OF
the CITY of Richmond.