The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-03-27
Change in Charter Bars
Increases to Thirty
Eight Employees.
RULING is MADE
BY CITY ATTORNEY
Tells City Auditor That Admin
istrativc Board, Under Recent
Legislative Act, Is Without
Power to Raise Employees
Pay During Current
Fiscal Year.

salary Increases granted to thirty
mont by an ordinance approved March
l3 are held to BE- without effect un-
der an opinion banded down yeste.r-
changes act passed by tho General
Assembly clearly bars their admit
tanco.
The opinion was transmitted to City
Auditor Crenshaw at his request for
q ruling TO clear up doubts which had
arisen as to tho legality Of the ordi-
name" The measure increased the
salaries OF three forcinen OF tho pipe
layins force 10 81 day; thirty three
store keeper and prcssure-roon hand
to 81 q day.
Tho barring of the salary increase
City Hall circlor, the development
being regarded as extremely unfor-
tunatc. Practically all of the city de-
partlnents have enjoyed general In
creaSeS this year. SalEry raises have
been granted also 10 other employees
OF the Gas Department for whom pro-
vision Was made earlier in the YEAR
Various ruruors were afioat yesterday
attaching tho blame for the failure OF
the gas employees increases to different
branches OF the city government.
Introduced in September.
Th" ordinance was introduced in
tho Common Council by Councilman
N"nderiehr on September .. 1913. AS
originally drawn il provided Increases
only Tor The forenlen and service men.
1t was referred simultaneously 10 the
;Adminii,s.trat!ve Board and Finance
after It's Introduction III the lower
branch-it was reported by th,, Ad-
mini6trativc Board To the Common
Council with the recommendation that
II be passed after being amended to
include increases for the storekeeper
ana pressure-room hand
amendment, aud by vote Of IS to -
passed the ordinance on March .. send :
ime II over 70 the upper branch. The
Board OF Aldermen concurred in the
action of the Common Council. pass
'ns ~ on ,ne uar,.h 9rGinance by vote OF - to
the Mayor on March IS
General Assembly Acts.
Prior I" the approval Of the meas
ure by the Mayor however, tho Gen
cral Assembly passed the charter
changes bill Introduced by the Rich
mond delegation. The bill carried an
emergency clause, putting ii into effect
Governor stuart on February 2S and
became nt once effective. The act con
talns an amendment to- section &c Of
OF city employees ana officers, wordcd
as follows:
The City Council shall fix the pay
or NJ! oincerS appointed by them, and
the Administrative Board Shall nix the
pay OF all officers ,whom they are now
or may be hereafter authorized to APP
pointl subject however. to the an
proNal OF the Council, ana the wages
oi all employees OF the city in depart
!nchtS under their control shall he
hNcu ny The Administrative Board and
Such wages may, from time TO time he
Increased or diminished by said board
any increase not 10 take effect. how
ever, until the expiration OF IN. fiscal
year during which such increase is
Haired by Charter Change
The Tact that tho charter changc be-
cane effective before the ordinance in
crtasiIlS thc salaries was approved by
.ne ;',aiin' Ma{i2r' the City Attorney holds.
such Increases would he in direct vio
lation OF the last provision OF the sec
ton just quoted, which prohibits them
from taking effect until the eXpiration
are made. 0'
approved by the Mayor Oh February
l3. contained the following clause:
~ is further provided that, in view
wages during the past year no salaries
or wages shall bc Increased To become
:mcctive during the fiscal year. other
the City Council"
rms clause was inserted to provide
u check on further increases this wear
bill should fail TO pass II would have
permitted the Gas Department in
IrenSeS id,.is,a, which are now barred ~ the
lcSlslatiVe act, under the provision
eNempting from the inhibition in
crcascs pending at the time of tho pas
sage OF the appropriation ordinance
49, other Increases Affected
The City Attorneys ruiinr bars ,leo
from going into effect measures that
are now pending in the Council which
Second Assistant CITY Engineer. the
deputy clerk Of Iiustines Court. Part
~. the bailim OF the civil Justices
Court the several Keepers of the ctt1
parks. and the probation officer of The
Juvenile Court All OF these increases
were pending at the time the budget
ter change act.
As the matter now stands. unless an
attempt is made To annul the civ Al
torncE's construction OF the law bv
mandamus, the Council and Admins
trative Board are without power to
~ next year 1t IS extremely nm
ilkcly that any such course will he
taken. and tie matter is already re-
The City Attorney holds in his
opinion that both the Council and
board have the power to increase the
tion at any time during the year. The
prohibition. he holds. applies only 10
nmc ,i"n VASES Si ol oIn 9mployes IN this, con
ms definition Of the terms "cmployC"
and "oiliccr"-a distinction which was
the cause of considc. aDlc trouble last
the Administrative Board to Increase
the salary of Superintendent Knowles
oil the Gas Works.
City Attorneys Opinion.
MIR. Pol1ard's opinion, rendered to
city Auditor Crenshi.w, follows:
Mr.. George S. Crcnshaw,
Auditor.
Richmond, En
Dear Sir,-l am in receipt OF your
favor Of the 18th inst. relative to the
construction Of tho recent charter
amendments. which YOU advise me were
annroycd, and consequently became cf-
Continued On Second Pagel