New Britain herald., 1928-07-13
K|RKHAM UNSNARLS.
SALARIES TANGLES.
Submits Opinion to Council Ex.
planning Views on Disputes
THREE CASES DISCUSSED
Park Board Must Recommend Re-
muncration for Superintendent
$4,000 for Fasclle nlegaI--s3, 900
Proper Pay for City Engineer.

Corporation Counsel John II. Kirk
nam has prepared a statement to be
submitted to the common council
setting forth his views on the legal
ity OF actions taken at the last meet
Ing with reference to salaries,
He declares the council was with
IN Its rights in submitting the park
superintendents salary to the COM
mlttee on salaries but explains that
the committee can do nothing fur
thrr than advise and the pay to be
hNed must ultimately be one recon
mended by the board and approved
by the council.
Inc council was not within its
rights in fixing the salary of Street
Superintendent Eugene Faselle at
$4,000. Judge Kirkham rules. With
reference to the salary of the city
engineer. $4,000 compensation is
proper, the opinion states.
Corporation Counsel's Opinion
Judge kirkham's message to the
council reads:
July IL. 1acS
TO the Hon. Mayor and Members
of the Common Council.
New Britain, Conn.
"Gcntlemc mcn:--
You requested a written opinion
IN regard to Vol. 25, No. 8, Item 8,
proceedings Of common council at its
meeting June 10th, 1928,
.'7'ha hnnrJ ~ ,.,..,.
recommended that the salary of the
superintendent of parks be reduced
from $4,000 to $500 per year
stating that the boa had voted a.,
increase in the salary Of the super.
intendent from $37 week, plus his
house rent to $4,000. of which S25O
Is to be figured for his rent, the in
crease to take effect July 1st. 1928.
The question asked of me is as to
the right of the common council to
refer the above matter to the salary
committee. In my opinion the coun-
tH has the right and. in order to
assist the common council in acting
upon the question of approval or re-
lection, 1t would seem to be proper
for the committee to advise the
council what it thought the proper
salary should be. This course, how
ever, is unusual and it may be that
the motion to refer to the salary
committee was made through some
nlsapprehension as to the powers,
rights and duties of both the park
board and Of the common council in
the matter.
Charter section S. chapter 20,
provides that the park commissions
ers shall have power to employ the
superintendent and to fix the salary
subject to the approval of the COM
mon council.
''To prevent delay In fixing the sal
AIRY of the superintendent of parks,
| would advise that the board OF
park commissioners and the com
mon council get together on the
question and if it is necessary for
the council to appoint d committee
to confer with the park commission
crs that it do SO. In the meantime
thc last salary fixed for the position
Dy the board and approved by tho
council will not be in force on ac-
count of ordinance CHI. 81, Sec. s. D.
los. 1927 Edition. which provides
Whenever a vacancy is to be filled
the salary shall not be fixed withou,
the approval of the common coun-
ell
"The salary must be again fixed
by the joint action of tho park CON-
missioners and of the common
council, the burden being upon the
board to fix salary of which the
council Shall approve.
The same situation exists in the
case of Suerintepdent of Streets
action OF the council at its last
meeting having been erroneous in
liking rather than approving or re-
iecting the salary.
'In the matter of salary oS City
Engineer. While it is true that the
charter provides. chapter 16. section
>. that the Board of Public Works
shall appoint such officials. servants,
agents. worhnen as may be requir-
ed to properly perform the duties
imposed upon such board, and shall
subject TO the approval of the Com
mon CouncilN fix the compensation
of such officials. servants. agents
and workmcn. the rule in regard 10
the city engineer is different The
city engineer is appointed by the