HomeMy WebLinkAbout1974.06.21_City Council Minutes.. ....~
HAROLD CHARNEY
W. W. VANDALL
LAW OFFICES
P. O. BOX 116
OWASSO, OKLAHObfA 74055
272-5338
June 21, 19 74
Council of the
Owasso,
Oklahoma
Gentlemen
City of Owasso
Pursuant to your request I have researched the following question,
to-wit
When a member of the Council of the City of Owasso,
Oklahoma, is required to be present at a regular
city function or engage in official duties, is he
entitled to reimbursement for wages lost at his
regular job?
LEGAL OPINION
Section 2-3 of the Charter of the City of Owasso, Oklahoma, reads
as follows:
"Neither the mayor nor any other councilman may
receive any compensation as mayor or councilman
nor for any other service rendered the city,
but may be reimbursed for expenses incurred in
the discharge of their official duties."
Expenses such as cost of gasoline to and from official functions,
seminar fees, and lodging, if required, etc., are easily determined
and claims for such expenditures may be readily verified by other
members of the council. The propriety of such claims is subject
to review and the council should have at their disposal receipts
and/or statements to verify the claims. Such expenditures are clearly
allowable under the terms of the Charter. On the other hand, loss
of wages, time, or the opportunity to profit in outside endeavors
is difficult to assess in a monetary sense. It would be patently
unfair to base reimbursement on the amount of one's salary since
one man might be paid $10 for missing one hour of work while another
man would be paid $20 for missing the same time and attending the
same function. Fairness would then dictate that reimbursement, if
Council of the City of Owasso -2- June 21, 1974
made, be on a flat hourly rate. But is such reimbursement authorized
by the Charter? If this type of payment is compensation, it is
clearly prohibited by the Charter. If it is viewed as an expense, it
can be reimbursed. Webster ''s Dictionary defines compensation as "any-
thing given as an equivalent, or to make amends; recompense, pay.".
It appears that a flat rate would be a form of substituted pay, to
make amends for the councilman having to miss work and forfeiting
his normal wages. Webster's Dictionary defines expense as "charges
met in carrying out one's work.". Loss of wages does not seem to be
a charge as much as a sacrifice on the part of the council member.
We are fortunate in ~,vasso to have men of integrity and honesty
sitting on the City Council. But to allow reimbursement for lost
wages would open the door to possible abuse. If a person realized
that he would receive some form of compensation whether or not he
worked at his regular job, he might wish to concern himself more and
more with city matters. While this might be good for the city, it
could conceivably damage the individual to the extent that he could
no longer effectively serve as an employee or in his capacity as
councilman. Such a situation should be avoided.
While it is possible to
be virtually impossible
while they were engaged
behalf of the city woul~
whereas general expense
experience.
budget generally for expense items, it would
to budget for work hours lost by councilmen
in official city business. Hours spent on
~ vary from man to man and from year to year
items could be fairly estimated from past
It is important to note that the position of a council member is one
of service to the city. While such service may lead to loss of wages
or time away from the family, it is a position the councilman himself
has chosen to assume. Councilmen are held in high esteem because of
this self sacrifice and the position should be zealously protected.
In my opinion the Charter prohibits the recovery of lost wages by
council members, and additionally prohibits the payment of any flat
hourly rate to council members for time which they may have lost at
work by virtue of the discharge of their responsibilities to the city.
Respectfull submitted,
e ~~
~/C~
W.W. VanD.all
City Attorney
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