New Britain herald., 1923-01-13
CITY MEETING BOARD
 CANNOT FIX SALARIES
Corporation Counsel Kirk ham Gives Opinion on Dis-
 pute Over Authority

If an employe of the common coun.
 ell or a school teacher should sue thu
 city for salary which the city had
 agreed to pay the city must make
 payment whether the city meeting board appropriated money for it oi
 not Corporation Counsel John H
 Kirkham told the board of finance and
 taxation at it's meeting last night. He
 made the following statement today
 explaining his opinion:
 The corporation counsel, in reply
 to Chairman Halls question as to the
 respective powers Of the city meeting
 board and the common council and
 school committee in regard to salaries gave what he called a "curb-stone opinion" which he wished understood not to be a final opinion.
 He said that the common council and the various departments have the power and it is their duty to govern the city, decide on the number of em- ployes to do the necessary work and to fix their salaries. On the other hand the city meeting board contrary to perhaps the popular impression, is limited to a few things but these things are very important, such as issuing bonds, laying taxes and changing appropriations. IT an em- ploye of the common council or school teacher should sue the city for a salary agreed to be paid him the city would have to pay whether the city meeting boagd appropriated money for it or not.
 "Cua'-ary perhaps to popular opin- ion. the city meeting board has limit ed powers. It is it's duty to lay taxes and it can change appropriations for which the taxes are laid. to issue bonds to sell real estate and an appeal under certain conditions can be taken | to the board from any ordinance pass ad by the common council.
 New Britain is no longer governed | n a town or city meeting. That was abandoned when the city was in and the common council l lnd it's various boards were given the power and duty to manage the city's lffairs. The power, however, to lay axes and to change appropriations or which the taxes are laid is very important one. No specific appro- riations should be exceeded, unless he same is necessary in order to per- orm governmental duties. There is a istinction between contracting to pay honey and obtaining money with !, mich to pay for the contract. The ] ommon council has the right to con- act and to make appropriations and " taxes, but the city meeting board m change the taxes and appropria- ons but has no right to fix the sal -ies or the number of employees" If the city meeting board fails to money with which to pay e employees of the common council
 of the school committee and to lay
 tax sufficient to raise the money th which to pay for the contracts wfully made by the common coun- |
 or the school committee, then it |
 the duty of the common council !. d of the school board and of all ' 'icers of the city not to exceed the propriations unless such excess is cessary for the performance of gov nmental duties. such as conducting tt 1ools, providing for the poor. build ii 2 roads and bridges. running fire police departments, etc. One v to test the question of whether have been unnecessar- J
 exceeded is to bring an action un- r the state statute and then the Irt would decide whether it was ,essary to exceed the appropriations
 not. This would be question of t to be decided by the court. St