The Seattle star. [volume] (Seattle, Wash.) 1899-1947, 1919-05-14
CITY CAN PAY
men OVERTIME
Corporation Counsel Holds
Charter Permits Il


No legal obstacles stand In the
way of payment OF extra compensa'
tlon Co Seattle street railway en-
ploycn for overtime work
This fact was brought 10 light
Tuesday. when an opinion rendered
hv Corporation Counsel Walter r.
| Meier WAS called 10 tho attention OF
members OF the city council who
have gone ON record as opposing
such payment ana have deferred
even considering the petition Of the
carmen until budget making Time IN
June
According 20 the city's legal al
wiser. only one step Is necessary. and
/ that the passage Of an ordinance au.
thorlslng the utilities superintendent
or heads OF other departments, for
that -untter. Co pay time and a half
OF double time to workers for all
time put IN over eight hours
salary l. Defined
"The word salary" the opinion.
which was rendered iaH, fall reads,
has been defined by our supreme
court to mean "a payment dependent
upon tho time and not on the amount
OF the service rendered "
According to Corporation Counsel
Meter. the city charter declares that
tho public policy shalt bc lin all pub.
ne works done by the city
eight hours shall constitute
"a days work; and no employe Of the
city ON city works
shall be required TO work ionghr
than eight hours In any calendar
day"
''rhe purpose OF these provisions.
he says. lis 10 relieve iaborerN. me.
chanics and similar employees from
the pressure Of economic conditions
which compel them To work beyond
/ jus, limits 81 time and endurance.
They may BE- said 60 be human llf~
health and welfare provisions. which
are 20 be hgneficlaily interpreted for
the public good.
Council Must Act
For this reason. since they are
dcclaratory u public policy. any
provisions for payment 60 persons
within the purview OF the state law
and charter provisions on account ~
overtime. except IN cases ot cxtraos-
binary emergency. would be null and
void In cases OF extraordinary
emergency. where labor can not BE-
found to take the place 81 labor
which has already becn employed for
eight hours In any calendar day. the
| city has authority 90 employ aborers
on public works for a longer period
than eight hours. and consequently
has authority 10 provide hy orsil
nance to make payment for such
overtime.
/ Under tho supreme court defini.
ton Of salary. compensation paid TO
a municipal empioyr. whether By the
day. week or month. would connti
tute salary. However. this charter
provision. when read in connection
with the provision Of section IS OF
article ~ OF the charter. which for.
bids tho allowance or payment OF
any demand which was not at the
slmc nf It's creation valid claim
against the city. would require the
passage OF an ordinance fixing the
amount OF salary land rate Of pay
for ovcrtimel TO be paid an employee
prior TO the performance OF any work
on account Of which salary uneiud.
ing overtimel II claimed.
City Has Power
Without the passage Of such ordl
nance no officer Of the city could L..
Eaiiy make a binding agreement TO
pay for sueh overtime in addition To-
the salary now fixed by ordinance.
Therefore, you are advised that.
In our opinion. the city Of Seattle
has authority. subject 10 the limita.
lions expressed In the state iaw and
city charter ms above mentioned. by
the passage Of an appropriate or.
dinancc TO provide for the payment
~ extra compensation for overtime
under such limitations as the council
would deem advisable for the protnc.
ton Of the interests 81 the public. re-
gardless Of whether such employees
are paid by the day or month"
!