Are We Paying Too Much for
Government in Point Pleasant?
Why doesn't anyone read and follow the rules?
Is the law only for the unelected?
This article is about the most basic aspect of the city
government of
The particular law that gives rise to this commentary is WV Code §8-5-12 which mandates that compensation of municipal officers and employees is to set by ordinance. The text of §8-5-12 is as follows:
Notwithstanding any charter provision to the contrary, the governing body of every municipality shall by ordinance fix or cause to be fixed the salary or compensation of every municipal officer and employee: Provided, That the salary of any officer shall not be increased or diminished during his term.
The governing body of every municipality shall have plenary power and authority to provide by ordinance for the allowance of time off of officers and employees with pay for vacations and illness and for personnel management incentives, as additional consideration for their services and employment.
Even though the law requires an ordinance to set the pay for
the Mayor, Clerk, Council and employees,
As of June 30, 2009, the Mayor was paid $43,940.64 per year and the Clerk $38,762.40. At the end June 2007, the Mayor was paid $37,731.20 and the Clerk $33,633.60. It appears that the Mayor got a pay raise of $6,209.44 and the Clerk a raise of $5,128.80. That would be OK if the City Council had passed an ordinance before July 1, 2007 giving them a raise, but they didn’t. City Council did pass a motion at their June 2007 meeting giving the Mayor and Clerk a $4,000 per year raise. The law requires an ordinance be passed to set their pay. A motion approved at one meeting does not meet the requirements of the law (§8-11-4) that an ordinance have at least two readings at meetings at least one week apart. Therefore, the $4,000/year raise is not legal. Even if City Council were to pass an ordinance setting the Mayor and Clerk salaries today, the salaries could not take effect until after their terms ended on June 30, 2012. If the $4,000/year increase in salary was legal (it is not), the salaries of the Mayor and Clerk as of June 30, 2009 are not $4,000 greater than the salaries at end of June 2007, but $6,209.44 higher for the Mayor and $5,128.80 higher for the Clerk. It appears that the Mayor got another raise of $2,209.44 per year over and above the unlawful $4,000/year raise and the Clerk got a raise of $1,128.80 over and above the unlawful $4,000/year raise. These raises would violate the WV Constitution’s prohibition of raising an elected official’s salary during his/her term in addition to being an unauthorized expenditure of public funds.
The only legal record I can find of the salaries for the Mayor and Clerk is in the Point Pleasant City Charter, which says:
Section 14 …The
Mayor shall receive a salary of not less than $500.00 per annum, the same to be
assessed and taken from the General Fund of the City of Point Pleasant, and
such salary shall not be increased or diminished for the term which he shall be
elected; and that further the Mayor, upon his election, shall automatically become
manager of the water works of the City of Point Pleasant, and shall receive a
salary of not less than $5,000.00 per annum, the said $5,000.00 shall be
assessed, charged to and paid out of the City of Point Pleasant Water Works
fund. The Mayor, upon election, shall automatically become manager of the Sewer
Department, at an annual salary of not less than $2,500.00,
the said $2,500.00 shall be assessed and taken from the City of
Section 15 …The City
Clerk shall receive a salary of not less than $4,800.00 per annum, payable as
follows: $1,800.00 from the City's General Fund and $3,000.00 per annum from
the City Sewer Fund and any additional salary or position as Council, at its
will and pleasure, may bestow upon said Clerk's position. (Amended March 10,
1969) This
adds up to $4,800 per year.
The gap between what is currently being
paid to the Mayor and Clerk and the legally defensible salaries for the Mayor
and Clerk set forth in the Charter indicates a high degree of negligence and
failure to comply with the law over a period of forty years. Ignorance of the law is not an acceptable
excuse for this, when Part 1, Chapter Three, Section 113 (Ordinances and
Resolutions) of the Codified Ordinances of Point Pleasant lists under Cross
References:
“Action
required to be by ordinance - see
WV Code §8-11-3 lists eleven
things that have to be done by ordinance and §8-5-12 requires the salaries of
municipal officers and employees be fixed by ordinance.
This situation constitutes an
unauthorized expenditure of