New Britain herald., 1928-07-02
KIRKHAM BLASTS SALARY ACTIONS
(Continued from First Page)

. different salary rate than the one rreviously fixed Ly it for the o1lice of city engineer.
 .Now what is the situation Tn d fcase where the common eouiN fails to approve of salary "'''t" the hoard has fixed? Supposlhs 'ne common council never approved It. vhat pay under such clrcuilis'ait.e' .hould the incumbent or the oAi.eo raceiyeo It seems to me thaI ','o .nsver is that he should receive 'lie ..,,rv that was last fixed ny the .oord of nublic works and approNeu hv the common council, unless .ne incumbent of the office, by agree'''s .,;th the board to accept a 'o"e' .n,o,nt has waived his rights to re- a;,a the larger amount Chat IS 'he amount both last fixed by 'he po'' u and approved by the common eoo' cil.) ~
 s..OOO For Iascllc
 .As to the sal1rv Of superln'eh"- ent of streets. uS i"'e
 hoard fixed his salary ana the eoi'' ,or council approved Of II 'l'e amount was s2,ooo. When the coui', o;, at it's last meeting again No'eo for salary of 5000 1t d'd no,h'ie mare than to indicate tsat IL dio A'o' anprove of change Tn the s"'as for the position. The couhcH ca'' only approve or dsaprrove. It is for the board to nx the salary ac- cording to the express rroNlsio"s VI the charter. Accordingly II IS my opinion that until the salary IS 'es''. ,v changed, the supefh'''llu, a'e a'e should be paid at the rate of s-'oo' year. ;,.o,aer+
 .As to salary of snrer'ntendeh. ot marks. The board fixed thlS a' s4 0oo and the common counc'l ap- nroved of it. l understand tha' eil7 hoard recently fixed this at s5'oo'' and that the council has not yet ap- oroyed of the same. Presunlap's' Mir Ellincwood agreed to me ne" salary rate. It may be that 'he hoard has fixed his salary aiter 'he last council meeting at s4.00o. Apou' this I do not know. In this connec- t;on an ordinance passed within me past few years providing as follo"s' is of interest:
 whenever a vacancy IS TO De filled. the salary shall not be hNen without the approval of the common council
 "Does the phrase vacancy 10 pc filed refer to a vacancy Tn oIllce U, does it refer 10 the appolntmehl ol now man. whether he be appointed at tho beginning of the fiscal year or durinr the year. l think the ln'ehl of inc common council was that II should apply 10 the appointment oi a new man, whether he was apPolht- cd at the beginning Of the year. o' durinr inc year, but this polnl "Hl make no difference in the case 't Mir. Ellingwood, as l undcrS'aho ''i' he was appointed after the o's'n- ming of the fiscal year to illi tue ,o,cv ca,lsed by the resignation ol Mir Wainrieht so that there Can he no question llldt lit ''''
 vas vacancy to be filled.
 Fl,;nywoohs salary Not tNe"
 ..Tbe action Of the board Tn lN- ;,p his salary at S3,o"o 1hS''ad o, s4Opo had no fore" or 'll't, ",'' tha council approved o' IT, "',n, understand it has not yet done IT. U ,.h,t salary should the s',p"r1n'shp
 ,,. receiy. und.r 'he aboN" d7- ,,,,,od factso According to me ", dinance i' seems 10 me 'h'' '
 ,ingvood is working for m" ''S '' ,o acreed nor definl'" salary '''' .ha. i, is for th" board 'o TX 7H''i
 ,;.b inc council will app'oH' sunposing this is never done "s Nr F,llingwood has 'h" choic' 'l b,ineine suit from tune |" '''"' a,-,i,s, inc city for his pay ana H'' aan,i,c what the court will ilha h' s.,.icae are reasonably worth "' else wait indefinitely Tor ms ,"'n nonsation. This situation ouEn, 3g to arise. To avoid if ] Wonia aHN -, that tho council and th" park ''''' fnl1ow the same cours" nave A''7 past.d in tn" case of 'h' S'i",s
 it,. orrina.r. If Mir. Filing wood was not appointed to hli va canrv then he should '"ce'Ve "iia tbn hoard has last fixed Tor h'' salarv not 10 exceed sf.ooo per yea ,hich was the salary last nN'o p' tho board and approved by the couh cil. unless there is an agreement ~ understanding between him and tn t.oa,d that he shall be paid at lesser rate.
 "rhe above indicates that 'h' present system of fixing salaries Y capable Of Improvement by proper amendment to the charter.