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Thursday, August 19, 2010

Ind. Gov't. - "New Albany City Council pay resolution questioned: Salary of elected officials can’t be lowered according to attorney general's opinion" [Updated]

Daniel Suddeath reports in the New Albany News & Tribune:

According to an official opinion rendered by former Indiana Attorney General Steve Carter, pay for elected officials may not be reduced to less than the amount of their salary from the previous year.

This legal interpretation has a local impact, as New Albany City Councilman Dan Coffey has authored a resolution for a vote today that would reduce the pay of the city council members by 10 percent in 2011.

The measure also calls for the council to rescind its option to participate in the city’s medical plan.

Carter’s legal opinion was originally issued in 2003 and updated in 2005. It was prepared for state Senator Joseph Harrison of Attica in response to whether a local clerk treasurer’s salary could be lowered.

Carter cited Indiana Code section 36-4-7-2 that he viewed as an order prohibiting such an action.

“The compensation of a city officer may not be reduced or increased in the year fixed, nor may it ever be reduced to less than the salary of the prior year, regardless of timing,” Carter wrote in his conclusion statement. * * *

Coffey said Tuesday he intends to proceed with the resolution, adding that he researched the state law before writing the measure and believes it to be on par with Indiana code.

Regardless of the 2003 attorney general opinion, Coffey said he would like to know the “moron who would file suit against elected officials for lowering the salary on themselves.”

With city budgets being frozen and a $1.8 million funding shortfall for public safety looming, Coffey said the council should set an example and agree to a pay cut.

ILB notes: First, if you looked at IC 36-4-7-2 and are wondering what the 2009 amendment was, it appears to be irrelevant to this matter. Read it here, at p. 8, SECTION 9 of HEA 1230-2009.

Second, I am unable to locate the 2003 and/or 2005 Attorney General opinions cited in the story. Here is a list of the opinions.

[Updated] Okay, thanks to the AG's Bryan Corbin, I've learned it is a 2004 opinion, 2004-09 Compensation for Elected City Officer.

Posted by Marcia Oddi on August 19, 2010 10:00 AM
Posted to Indiana Government