Loading...
HomeMy WebLinkAboutCity Council Committees - Parks and Human Services - 03/17/1992 r Parks Committee Minutes March 17, 1992 Councilmembers Present: Jon Johnson, Chair; Christi Houser and Jim Bennett. Staff Present: Jim Hansen, Barney Wilson, Don Olson, Tony McCarthy, Roger Lubovich, Alana McIalwain, Tom Brubaker, May Miller, Stephanie Strozyk, Robyn Bartelt, Karen Ford, Helen Wickstrom, Lea Bishop, Cheryl Fraser, Lee Anderson, Tim Bond, Nita Smith, and Pam Rumer. Others Present: Doug Smith and Bob Guile, South King County Multi Service Center; Bill Doolittle, 412 N Washington #31; David Street, Federal Way Boys and Girls Club; Brad Thomas, South King County American Cancer Society; Jean Parietti , Valley Daily News; and Doug Schwab, Riverbend Men's Club. :. REQUEST BY MULTI SERVICE CENTER Doug Smith from the Multi Service Center explained to the Committee that the Multi Service Center provides over $500,000 of services in energy assistance and transportation, and operates 33 homeless housing shelters for the City of Kent. Smith said that the Multi Service Center has reserved and is holding a golf tournament at Riverbend on August 14. He requested to have the green fees for his tournament donated by the City of Kent. In turn, Mr. Smith assured the Committee that the monies will be returned to programs which will provide services to the City of Kent. Houser questioned whether information has been put together regarding this type of request, as this is not the first request of this nature. She requested that the City develop a policy regarding these requests. Brubaker explained that the law is clear that the City cannot make an unconstitutional donation of public funds, except to the needy or infirmed. However, he mentioned that there are exceptions and the City will work with him to determine if the funds in question will go to aid the needy or infirmed. Otherwise, Brubaker suggested a contractual agreement where the City will receive some sort of consideration which gives equity for the Multi Service Center's use of the golf course. Johnson suggested that Mr. Smith meet with Brubaker and Bartelt to work something out and bring a recommendation back to the next Parks Committee meeting. Johnson also requested that Bartelt include in the recommendation how much this will affect revenue. Bennett was concerned that if the City sets a policy to grant these requests, the golf course could be faced with no-income tournaments scheduled for 300 days a 2 year. Hansen suggested that the policy establish a numerical limit as to how many requests may be granted per year. Brubaker informed the Committee that the request made by the Women's Amateur Qualifying Tournament to have the green fees for qualifiers waived was okayed. It was decided that advertising and the purchase of merchandise would be adequate consideration for use of the golf course. Brubaker informed the Committee that he will work on a policy and he will leave it to the Parks Committee and Parks Administration to determine if the City wants to set a limit on the number of requests granted per year. WEST HILL PROPERTY FOR SALE Helen Wickstrom pointed out a 2-1/2 acre section of Saltair Hills on the west side of Pacific Highway which the City tried to purchase in 1988 and in 1989. At the time, the owner, Mr. Harvey Grohs, wasn't willing to sell because he had plans for a subdivision. The Parks Department then used the $100,000 budgeted for a West Hill park to apply for a matching grant to purchase Parkside Wetlands. The grant was approved and moat of the Parkside Wetlands site has been acquired. Wickstrom reported that two weeks ago, the Parks Department received a letter from Mr. Grohs stating that he is now willing to sell the property, which has an appraised value of $145,000. She explained the City's shortfall of money to Mr. Grohs but told him that she would bring his offer to the Parks Committee. A fiscal note from Tony McCarthy was distributed, stating that with the City's financial situation at this time, the Executive Committee would not be in favor, but the City appreciates the offer. After discussion, it was determined that Mr. Grohs is not willing to take terms, but rather a trade of property of equal value or a cash offer. In response to Johnson's question, neither Wilson nor Wickstrom could think of any surplus land that the Parks Department owns worth the same amount as Mr. Grohs' property. The Committee instructed staff to inform Mr. Grohs that the City is interested, but does not have the money at this time. UNIVERSAL FIELD SERVI;ES CONTRACT Wickstrom explained that she put this item on the agenda prior to speaking with the City Attorney's office about it. She has since been advised that the issue does not need Council approval because the State IAC and Bond Issue monies have been budgeted and were approved by Council to purchase the property at Lake Fenwick, and that relocation of existing tenants is part of the project scope. Since the project has previously been budgeted and approved, Wickstrom said that she is now bringing the issue to the Committee as an informational item. Thirteen tenants will need to receive relocation assistance as part of this project. 3 The Committee instructed Wickstrom to forward the contract to the Mayor for signature without taking it to Council for further approval . YOUTH-AT-RISK PROGRAM Lubovich opened by explaining that his office was asked at the last Parks Committee meeting to give an opinion as to Mayor/Council authority as it relates to maintaining the Youth-at-Risk position at 3/4 or full time, The Attorney's office did research and drafted an opinion (legal opinion packet available upon request) . The Municipal Research opinion provided that the Mayor has no authority to set a lesser or greater salary for an employee other than that established by the Council in the budget. To review the issue, Lubovich looked at it from two different perspectives-- the facts surrounding the Mayor's decision and the amendments relating to the budget amendment, and the Mayor's general executive authority. Lubovich said that during discussion among Council members at the Council budget meeting, the inference from the transcript is there was an understanding that the Youth-at-Risk position would remain frozen at 3/4, along with the City's other 28 positions frozen by Administration in 1991. Lubovich added that if the Council clarified its intent with respect to this position, then it is necessary to look at the executive authority that underlies the Mayor's ability to appoint, suspend, and layoff. In looking at statutes, Lubovich reported that there is no case law, state or nationwide, which interprets the Mayor's authority as it applies to this situation. In his opinion, it is clear from the language of the statutes that the Mayor has the authority to appoint and remove employees. He added that implicit with that is the authority to lay off employees for budgetary reasons. Lubovich said that the issue at hand is whether implicit in his authority to lay off is his authority to underfill a position. Lubovich informed the Committee that he solicited a formal opinion from Steve DiJulio of Foster, Pepper and Shefelman. It was Mr. DiJulio's opinion that the power to suspend includes the power to underfill a position. Lubovich said it is his opinion that the Mayor acted within his authority. He also mentioned that he contacted Municipal Research who also concurs with his opinion. Johnson said that the Committee has to decide upon what action to take to the Council . Lubovich mentioned that to take any action against Administration, the Council would have to appropriate funds to hire legal counsel . Bennett commented that he is in favor of the program, but it needs to be fiscally accountable and consistent. He recommended that the position be frozen as a 3/4 position. a s~ 4 Houser agreed with Bennett. She felt that Counc i 1 members knew tie position would be frozen. She admitted that this is a high priority item to be funded if the budget picks up. Johnson clarified for the record that when he first brought the issue up at a Council meeting, the Parks Committee had previously voted 3-0 to support it. The Council then voted 5,-2 in favor of Johnson's proposal . Johnson, in his amendment, proposed to reorganize the City Clerk's position for a money savings in order to offset increasing the 3/4 position to full time so' that there would be a savings in dollars rather than a fiscal impact. Dave Street said he felt this is not an issue of authority but an issue about kids. It was his understanding that the funds to cover the position at full time did not come from reorganizing the City Clerk's office but rather from budgeting an increase in Youth-at-Risk program fees to cover the position. Street said that if the City is not going to fund the position at full time, the increases in day camp fees to cover the position should be pulled out because it is not fair to the public. He said that parents have been paying this money willingly to fund the positilan at full time. Bennett answered that it is not just an issue about kids. He said it would open a can of worms, as other department heads would want to know why their positions haven't been filled. Wilson commented that the can of worms has already been opened, as two Public Works positions that were not budgeted have been filled, and a firefighter and police officer were also hired. Doolittle said that as a member of the audience at the Council budget meeting, he walked out with the impression that an amendment to increase the position at full time was passed, as well as a separate amendment to allow the increase in fees to fund the position. Lubovich explained that the 28 positions plus the 1/4 position are all funded, but they are all also frozen. Brubaker clarified that Johnson originally proposed a more comprehensive amendment but later came back and narrowed his amendment to funding the Youth-at- Risk position at full time. Funds resulting from the eliminAtipn of the Office Assistant position in the City Clerk's office were utilized to fund the increase in the Youth-at-Risk position. It was this amendment which posed 5-2. Brubaker said that at the same time, there was the indication from the Council that they expected the position to remain frozen. Houser said that she is not willing to take the Mayor to court for 1/4 of a position, as the Mayor is the administrator of the City. Street questioned how fee increases could then be justified. Houser responded that she did not know the fees were increased, but if they were, she agreed that they should be refunded to participants. 5 Wilson commented that the parents were present at the Parks Committee meeting where a fee increase to cover the position at full time passed 3-0. The parents agreed to pay the fees to cover the position. Wilson said that' the fees were raised $10 per student per week. Doolittle proposed that since the fees have already been collected, the Parks Committee take the issue back to Council as a revenue neutral request. He added that those fees were collected on "good faith" from the participants. McCarthy agreed that the revenue budget was increased and that trend data show additional participation in the program. He questioned if the, program revenues cover total expenses and whether fees shouldn't be based upon what the market can handle. Johnson requested a motion from the Committee. Houser moved to take the recommendation to Council that the position, although budgeted at full time, remain funded at 3/4 until the financial picture improves. Bennett seconded the motion. The motion passed 2-1, with Houser and Bennett voting in favor and Johnson opposing. Following the vote on the motion, it was clarified that the recommendation to Council was not to fund the position at 3/4 time but rather to maintain the freeze at 3/4 time. GOLF AUDIT REPORT Johnson announced that he would like to set a meeting with the Golf Advisory Committee to go over the audit and prepare recommendations for the next Parks Committee. The committee decided to determine a date later. In response to Doolittle's question, it was decided that the Golf Advisory Committee meeting will be open to the public, since there will be active discussion as to policy recommendations. GOLF COURSE [OUIPMENT Bennett said he has received input from golf course staff, lhe'Men's Club and golfers regarding equipment needed to maintain and increase the, q'uality level of the golf course. He then proposed the purchase of a tractor ,ibd; a verti-drain. Bennett then shared a video and pictures of the equipment wi~ h the Committee. Lee Anderson explained that the tractor was included in the original list of equipment needed at Riverbend, but staff agreed not to buy it' because it wasn't needed that year and because of lack of budget. Anderson said that there is a lot of compaction on the fairways at the golf 6 course. The verti-drain would aerate the ground, allowing oxen and nutrients to get to the root zone. He emphasized that it is now time to-'make a decision, as staff will have to close the fairways and completely renovate them if we wait. He said that the golf course needs to be aerated now in order to maintain the same level of winter play. Bennett reported that there is approximately $22,000 in the -Equipment Rental account which hasn't been credited back to the golf course for items which have been removed from Equipment Rental . Anderson explained that the equipment was in Equipment Rental , but Equipment Rental was not servicing or maintaining the equipment in any way. The equipment was returned to the golf course asset ledger and the golf course staff is maintaining them. During the time the equipment was in Equipment Rental , it accumulated approximately $22,000. Anderson reported that the cost of the machinery before interest is $45,000 ($25,000 for multi-use tractor and $18,000 for verti drain) . He said that one option is to lease-to-own the machinery for $1,400/month for 36 months. Anderson said this would increase the post by $6,000+ but he felt it is a feasible option. He added that the tractor is needed for many pieces of equipment. McCarthy explained that the Finance Department is in the same situation with Equipment Rental . Finance returned a meter reading vehicle ,but is yet to be refunded for the equipment. McCarthy said that he has written a note to Tim Heydon but he has yet to respond. McCarthy added that Heydon's feeling is that the monies shouldr!'t be returned but should be used for replacement of other equipment. McCarthy said this isn't fair as each department has to buy its own equipment/vehicles and ,then give them to Equipment Rental . He said there should be a policy for all departments. Houser agreed that the policy decision should be changed and the money returned to respective departments. The Committee agreed that the golf course should be able to get back the $22,000 from Equipment Rental , but staff needs to come up with a balanced proposal with a strategy and recommendation for the Executive Committee. McCarthy stated the Executive Committee would like to see some overall recommendations from golf complex staff. PARKS COMMITTEE MEETINGS UPDATE It was decided that the Parks Committee will meet the first and third Tuesday of each month at 5:30 PM in the Council Chambers East. The next Parks Committee meeting is scheduled for Tuesday, April 7 at 5:30 PM in the Council Chambers East. PARRS COMMITTEE MEETING March 17, 1992 ' Attendance Name Addgess/DegartgMtt " Phone No. 2. 9 8 L ? 6. du-. MZ , r/ F' 535 ^ 3ro 7.8. c fTc c !� Gti�tr/' 1 9. zwa Vi ? 10. 12. �F/ERy'L. rgA,54r- Mies 13 . l'J�s�'�, r��/ G✓ �r�S C V4b i y/-.27,2-2 14. /-��?ter, / �,� � . ^,�`'t•t-� 15. �a.✓17 C�Gd Lr `r- L/CCc. 16. J {'�L-,,, �� ► �� G y� t�'-% a -fit�0 X ] 17. 18 1 01 C ,Q rii 19.20. ._•ff i!f'Its Pic .� 1'K. S ��yr di lii 7 21. 22. 23 . RUMER,PAM / KENT70/PK - H esk print. -------------------------- _..---- Message. Dated: g3/18/92 ; et!, X346. Si act: WEST HILL PROPERTY FOR SALE - FISCAL NOTE Sender: Tony MCCARTHY / KENT70/FN Contents: 3. TO: Pam RUMER / KENT70/PK Part 1. TO: Pam RUMER / KENT70/PK Part 2. A COPY AS YOU REQUESTED. Part 3. THE PARK DEPARTMENT HAS RECEIVED A LETTER FROM MR. HARVEY QROHS OFFERING TO SELL APPROXIMATELY 2 1/2 ACRES IN SALT AIRE HILLS FOR $145;,000. MR. GROHS IS INTERESTED IN A CASH DEAL OR TRADE FOR EQUAL OR HIGHER `#4LUE INCOME PROPERTY. THE PARK DEPARTMENT HAS BEEN INTERESTED IN THE PROPERTY IN THE PAST BUT UNTIL NOW IT WASH,'T FOR SALE. THE CITY HAD THE PROPERTY APPRAISED IN FEBRUARY OF 1990 FOR $143,000. r. IBC APPRECIATES MR. GROHS ,OFFER TO SELL BUT HAS NO ADDITIONAL FUNDS BUDGETED FOR PARK ACQUISITION ON THE WEST HILL. WITH GRANT MATCHINQ FUNDS AND A DEFERRED PAYMENT PLAN, THE CITY ACQUIRED 2 WEST HILL PARK FRQPERTIES IN 1991. THE CAPITAL IMPROVEMENT PROGRAM WHICH HAS BEEN RAIDED TO ASSIST IN FUNDING THE' GENERAL FUND ANTICIPATES NO ADDITIONAL WEST HILL PARK FUNDING. BASED ON T. 3 THE IBC RECOMMENDS AGAINST ANY ACQUISITION UNLESS IT MADE SENSE TO TRADE OTHER PROPERTY ACQUIRED FOR WEST HILL PARK DEVELOPMENT. OFFICE OF THE CITY ATTORNEY DATE: March 17, 1992 TO: MAYOR KELLEHER CITY COUNCILMEMBERS FROM: ROGER A. LUBOVICH, CITY ATTORNEY SUBJECT: Youth-at-Risk Program coordinator Position Pursuant to a directive from the Parks Committee at its February 18 meeting, this office has been asked to review various legal issues pertaining to City administration's decision to maintain the Youth-at-Risk Program Coordinator as a 3/4, ratb,er than full- time, position. I have reviewed the applicable state statutes, case law, local ordinances (including the 1992 Budget .Ordinance No. 3011, attached as Exhibit A) , and a verbatim transcript of the November 19, 1991 Council meeting (See Exhibit B, attached) , as well as the legal opinions proffered by Mr. Robert Meinig of the Municipal Research & Services Center of Washington (See Exhibit C, attached) and Mr. P. Stephen DiJulio from the law firm of Foster, Pepper & Shefleman (See Exhibit D, attached) . The following, I believe, states the issue before us: ISSUE PRESENTED Under applicable state law, local ordinances, sad City Council directives, does the Mayor, through City Administration, have the authority to keep the Youth-at-Risk Coordipa*or as a 3/4 position for the 1992 fiscal year if Council inoreased the position to full-time in its 1992 Budget Ordinance JTo. 3011? SHORT ANSWER Ih my opinion, the Mayor has acted within his authority by determining to keep the Youth-at-Risk Coordinator position at 3/4 time. The Mayor has the unquestionable right to implement a hiring freeze and even to lay-off employees during a fiscal crisis due to a lack of funds; however, an issue romains, under the present situation, whether this authority also includes the right to underfill a position. This issue can be Analyzed from two perspectives: the specific facts surrounding too Mayor's decision; and, the Mayor's general executive authority. Because of (1) statements made by two councilmembers prior to passing the budget amendment that increased the position to a full-time position, (2) the lack of a specific lino-iltem 1 directive in Ordinance 3011 indicating the increai4e4 (3) the authorization in ordinance 3011 given to the City', t nistrator to make adjustments to the Annual Budget, 'justift ' ' I' ;i grounds existed to continue ,to "freeze" this position at 3/1� time consistent with Council 's implied approval of the citywide hiring freeze. Still, taking all facts and applicable 1.ew into account, an ambiguity exists as to Council 's intent. Therefore, Council may choose to clarify whether it intended to change the position to full-time immedi4tely or to change the position only at such time as adequate funds become available. Moreover, the Mayor may nevertheless have the general executive authority to underfill this position even if Council were to state that the position should be filled imdiately. As the City's chief executive, the Mayor has a duty to manage the day to day "business" of government through his admi;tietrative staff. Although the Council, exercising its legislative policy- making authority, has the statutory right to establiah' the duties, qualifications and salaries of appointive employees, the Mayor nevertheless has the statutory authority as chief executive to hire and fire employees. The Washington supreme court has determined that such executive authority also includem the ability to suspend or terminate positions due to ladk of funds' or lack of work. Arguably, then, this authority would extend to temporarily underfilling a position, such as the Mayor has done with the Youth-at-Risk Coordinator position, but only if the Mayor based that decision on a lack of available finds. No Washington courts have directly addressed this specific issue regarding the Mayor's general authority. However, without the authority to temporarily underfill a position, the Mayor would not have the , flexibility to allow employees to Continue to work and earn both wages and benefits on a reduced basis, but rather would only have the ability to terminate or lay-off employees when adequate funds for the employee's full-time position no longer existed. Since the courts have #already recognized the Mayor's authority to hire, fire, suspend or terminate employees because of a lack of funds, theavery real possibility exists that a court would also include within that authority the flexibility to temporarily reduce a position from full to part-time. FACTS On November 19, 1991, the Mayor presented his 1992 Annual Budget to the Kent City Council for approval. A number of amendments to this budget were discussed, and most of, these amendments were vetoed. After his more expansive amendment to the Budget failed to gain enough support for approval;, Councilmember Johnson moved to reinstate the Youth-gat-Risk 2 t Program Coordinator position from a 3/4 to a full-*t#,plposition. VERBATIM TRANSCRIPT, Portion of City Council Meet*rq i3Ot November 19, 1991, page 1; see MINUTES of the Regular Kent;O� y 'Council Meeting, November 19, 1991, pp. 7-9 and 12. After Councilmomber Johnson proposed this amendment, Mayor Kelleher clarified his position that Administration might freeze this position increase because of budgetary concerns; and no one took issue with his statement. VERBATIM TRANSCRIPT At 1. Commenting on the proposed amendment, Councilmember Orr stated to the Mayor: Your honor, this is one part of Mr. Johnson's [original] proposal that I felt I could support,,, however given your statement, I understand that' the position probably would remain frozen at 3/4 and I respect your right to do that. . . . . so with t1bit I would say that I will support Mr. Johnson's amendment, knowing that the position may not be filled any time soon, but I would hope it would be given some priority at a time when it's possible. VERBATIM TRANSCRIPT at 2. Adding further comments to the amendment, Councilmember White addressed the Mayor: Mr. Chairman, as you are mayor of our city, I respect your position and your right to freeae ,'th is position that we are discussing. . . . . But what bothers me is that there seems to be a perception that as Council we are here to rubberstamp whatever IB; and IPC and the mayor �of our fair city sends us, and I;;hove a lot of problem with that. I am going to suppQi�,tthis youth at risk program even though I proposed a reduction in personnel, I will support .the youth At risk program as much to send a message that I'm not a rubberstamp for anybody. VERBATIM TRANSCRIPT at 3 . At the end of discussion on the amendment, theiMayor called for a vote. Councilmembers Dowell, Johnson, Mann, Orr and White voted in favor of the amendment; Councilmembers Woods 'and Houser voted against. Accordingly, the amendment passed by a 5-2 margin. Reviewing the actual language contained in Ordinance 3011, no line item reference is made to Councilmember Johaspn's amendment regarding the Youth-at-Risk Coordinator. ' Rather, the Budget reflects a single line item for General Fund expenditures of $33, 137,803. Apparently, the adjustment required by 3 Councilmember Johnson's amendment was included in, t#As' figure. Additionally, Section 3 of Ordinance 3011 statas' : "The City Administrator shall administer the Annual Budget and, in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. " Finally, the implementation of the City's 1992 Annual Budget actually funds all currently frozen positions within the City, including the Youth,-at-Risk Program Coordinator. T4rorugh a somewhat complex formula, Tony McCarthy, City Finanae Director, administers the budget as follows: first, he debits each department for the expense of each frozen position even though it is unfilled; second, he then issues the departments a ,credit for the monies saved by not filling those employee posi#igns, thereby keeping the budget in balance. Apparently, by a,dmipi*tering the budget in this manner, the positions technically remain budgeted and, if the City's 'economic outlook brightens and mdre monies become available, the City Administrator will be able, to selectively restore the frozen positions as funds become available. LEGAL ANALYSIS In Kent, which is a noncharter code city acting under the Mayor-Council form of government, the Council essentially has the policy-making authority to set the qualifications and the salaries for employee positions, and the Mayor has the administrative authority to hire and fire employees ,for those positions. The Washington legislature established Council,'s policy- making role by declaring that the Council has the authority to "define the functions, powers, and duties of its . . . employees" and to "fix the compensation and working conditions of such . . . employees. . . . " RC_W 35A. 11.020. The Council also establishes the City's budget. RCW 35A.33 et sea. The Council may even amend the "wages, hours and conditions of employment" for an ,employee after passing a final budget. RCW 35A.33. 105. Nevertheless, the legislature also gave mayor* considerable administrative authority when it mandated that a mayor "shall have the power of appointment and removal of all appointive . . . employees. " RCW 35A. 12.090. Further, the mayor "*,hall have the general supervision of the administration of city government and all city interests. " RCW 35A.12.100. However, the mayor also has a continuing duty to "see that all laws and or4inances are faithfully enforced. . . . " . The underlying tension between these two roles, then, constitutes yet another check and balance under the Separation of 4 Powers doctrine that pervades our form of� governpKmt;. Consistent with these checks and balances, the Mayor would v ';:the authority to freeze the Youth-at-Risk Coordinator ;, a 3/4 position only if the Mayor made that decision either (a) consistent with the budget policy set by Council,' or (b) under his hiring/firing authority.2 To determine Council's intended policy ,regardiog the 1992 budget, we might first look to the budget document Itself, Ordinance 3011. However, as stated above, no specific reference to the Youth-at-Risk Program position exists. Therefore, the written document itself makes no clear mandate to t#e Mayor regarding this issue. In fact, because Section 3 of the Ordinance authorizes the City Administrator to mske ,adjustments to the budget, the Ordinance itself more likely supports the Mayor's decision to "freeze" the Youth-at-Risk position at 3/4 time. However, since Ordinance 3011 standing on its own arguably does not settle this issue, we may turn to the only other source of evidence of the Council's intended policy, the Councilmember's spoken words. Although .the Council passed Councilmember Johnson's amendment to increase the Youth-at-Risk Coordinator position by a 5-2 vote, two Councilmembers qualified their votes in light of the City's current budgetary restraints caused by the recession. Councilmember Orr stated that she understood that the Mayor would freeze 'the position at 3/4 time and that she respected his right to do that. VERBATIM TRANSCRIPT at 2 . Councilmember White, primarily focusing on his objection that Council appeared to act as a "rubberstamp" to the administration, made the following statement directly to the Mayor: "[A]s you are mayor of our city, I respect your position and your right to freeze this position. " Again, a question very clearly arises as to the Council 's true intent on this budgetary policy. Reasonable m; nos could differ as to whether the Council was directing the Mayor to fill the position at full-time immediately or whether the Council was directing the Mayor to fill the position at such ,e* as the Mayor determined the City's budget could allow it. Certainly, Councilmembers White and Orr appeared to take the lo.tter view and, under this interpretation, the vote on this j*ue, might be read as 5-2 in favor of a full-time Youth-at-Risk Oootdinator For further discussion of the issue from this perspective, see Municipal Research and Services C4nter, Letter Opinion of R. Mein'ig, dated February 11, 1992. For a further discussion of the issue from this perspective, see Letter Opinion of P. Stephen DiJul,io dated March 13, 1992 . 5 position, but 4-3 in favor of the Mayor's authori'ty , o ,apply the citywide budgetary freeze to this position. In addition, the manner in which the administr#ive staff is administering the 1992 budget--without objection froz Council-- supports this interpretation. All currently frozen positions were budgeted in the 1992 budget, but currently, tho, ' positions are listed as credits in the budget in order to balance the budget. As a result, not unlike the approach taken *ifih all the City's frozen positions, the Council may have inteh4;ed' to impliedly approve the Mayor's decision not to fill y, of these positions, including the Youth-at-Risk Coordinator position, until the City had the funds in its budget to begin to- lift the freeze. As a result, the Mayor very likely may have exercised his authority and performed his duties consistent with the policies expressed by the Council. Certainly, his actions tn, date are defensible as a matter of law. However, even if Co4n4l were to determine to fill the Youth-at-Risk Coordinator position at full- time immediately, the Mayor may still have the inherent authority to temporarily underfill,the position if he deems it necessary due. to a lack of available City funds. As mentioned above, the Mayor has statutory authority, as head of the City's executive branch of government, to ,hire and fire appointive employees of the City. See RCW 35A:12.090. The Washington Supreme Court has also declared that thio , eRxecutive authority includes the ability to employ only as matey persons as a city can afford to keep on its payroll. See Ch,a+-.f4- }d v. Seattle, 198 Wash. 179, 187 (1939) . The Chatfield daee involved the executive authority of Seattle's Board of Park gommissioners, who at that time had the authority to hire, fire, apd pay all Seattle city parks employees. Id. at 183. In that case, the court wrote: If the board, in its judgment, was of the opinaion that . . the board lacked money to pay its employee*„ it had the right to continue in its employ only as ma0y persons . . . as it could pay. Id. at 187. This statement, however, is not quite so compelling as it first appears. The court also clearly stated that the board had no power to pay less salaries or wages to, its employees than those amounts fixed by ordinance: "Such matters lie within the authority of the city council . . . , as the municipal legislative authority. " Id. at 186-187. Based on a strict reading of the Chatfield language, then, the executive, in situations where there is a lack of� money to pay an employee, would have the authority to lay-off or terminate employees, but would not have the option to pxoport;ionately 6 reduce both hours and salary. This leads to the inngruous conclusion that, rather than provide an employee ,wi some reduced opportunity to remain employed and contia�Ae.;Ito receive salary and benefits, the executive would have only two choices: (1) keep the employee on salary without the necessary funds to pay him or her; or (2) terminate the employee. However, the gbatfield opinion is now more than fifty years old. Moreover, unlike Seattle, Kent is a code city,," the courts and the legislature have consistently recognized, that code cities have expansive powers, often limited only by the state constitution. Further, so long as there is a lack of funds, a mayor clearly has the right, and perhaps the duty, to institute a hiring freeze. As a result, a more practical approach to executive authority would likely include the ability to temporarily underfill a position by proportionately reducing hours and wages as part of the executive's overall authority to hire, fire, suspend or terminate appointive employees. If this issue were to be litigated today, then, a court might stay with the strict letter of the law as stated in Chatfield; however, a court might also take all factors into account and now hold that the executive's authority �al,so includes the right to temporarily underfill a position. This would provide the Mayor with more flexibility since, from the employee's point of view, "half a loaf is better than none at all" when a city is in a fiscal crisis. CONCLUSION Significant ambiguities exist concerning the Council's intended policy regarding the timing as to when the Youth-at-Risk Program coordinator position should be increased. All factors considered, the Mayor's decision to freeze funding for that position at the 3/4 level, which would be consistent with the current City-wide hiring freeze, very likely conforms to Council 's intent. However, since certain councilmembers believe that the Mayor has contravened Council 's intended budgetary policy on this issue, perhaps the Council will wish; to clarify its intent on this issue. In the event that Council mandates that the° phi#ion should be made full-time immediately, then the Mayor may, ii1 have the administrative authority to temporarily maintain, t . position at 3/4 time if he does so based on a lack of availablai� ;City funds. As a result, considering that the Mayor has the unci,io0tionable right to hire, fire, suspend or terminate employees, based on a lack of funds, it seems likely that a court would Include within that authority the flexibility, for budgetary reasons,, to underfill a position so that affected employees can at least earn some income and accrue some benefits. 7 P ORDINANCE NO. AN ORDINANCE of the City of Kent,, Washington relating to budgets 4M "' ' finance; adopting the 1992 Budget. WHEREAS, the tax estimates and budget for the City of Kent, Washington for the year 1992 have been prepared and filed as provided by the laws of the State Pf ;Washington, the said budget having been printed for distribution and notice published in the official paper of the City of Kent setting the time and place for hearing on same and said,notice stating that all taxpayers calling at the Office of the City Clerk would be furnished a' copy of said budget; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DOES HEREBY ORI)AIN AS FOLLOWS: Section 1. Budget. That the budget for the year 1992 as it now stands is hereby adopted in the amounts and for the following purposes to wit: • Change Beginning Ending in Fund . Fund Fund Revenues Expenditures Ba]ancg Balance Balance GOVERNMENTAL FUNDS GENERAL FUND 31,J79,971 33,137,803 (1,357,832) 1,857,832 500,000 SPECIAL REVENUE FUNDS Street 1,315,848 1,470,106 (154,258) 207,503 53,245 Capital Improvement 3,542,827 3,804,441 (2611614) 711,614 450,000 Criminal Justice 783,119 634,976 148,143 234,312 382,455 Environmental Mitigation 194,600 238,095 (43,495) 290,051 246,556 Housing & Community Dev. 225,180 225,180 Other Operating Projects 50,000 50,000 DEBT SERVICE FUNDS Voted 1,813,719 1,898,795 (85,076) 185,076 100,000 Councilmanic 2,221,037 2,221,037 Special As4iassment 3,446,014 3,395,514 500500 2,702,633 2,753, 133 CAPITAL PROJECTS FUNDS Street Capital 1,259,000 1;259,000 Parks Projects 43,739 y 43,739 Other Projects 457,000 576,000 (119,000) 119,000 PROPRIETARY FUNDS ENTERPRISE FUNDS Water 8,861,427 6,877,027 1,984,400 8$ 14,674 10,499,074 Sewerage 10,887,553 12,859,863 (1,972,310) 2,755, 104 782,794 Golf Course 3,269,150 2,487,743 781,467 98,917 880,324 INTERNAL SERVICE FUNDS Equipment Rental 1,556,045 1,283,120 272,94,5 • ' 1,950,583 2,223,508 Central Services 1,973,894 1,907,432 66,462 180,841 247,303 Insurance 4,025,941 4,190,697 (164,756) 1,677,581 1,512,825 FIDUCIARY FUNDS TRUST AND AGENCY FUNDS Firemen's Pension 221,200 149,500 711700 1,963,076 2,034,776 Economic Development Corp. 29,912 25,345 4,567 47,682 52,249 EXHIBIT "A" YR TOTAL GROSS BUDGET 77,957,176 78,735,413 (778,237) '43,496,479 22,718,242 1. ' s: Internal Service Funds 7,228,263 7,228,263 Other Transfers 5,717,139 5,717,139 TOTAL NET BUDGET 653 01111,774 65,7903011 77$ _3 496 3 479 2 7 242 Section 2. This budget provides a 6.7% cost of living adjustment for nonrepresented employees effective January 1, 1992. Section 3. The City Admirnistrator shall administer the Annual Budget and in doing so may authorize adjustments to the extent that they are consistent with the budget approved herein. Section 4. Effective Date. This rdinance shall take effect and be in force five (5) days from and after its passage, approv 1 an,: ication as provided by law. D N KELLEHER, MAYOR ATTEST: BRENDA JACOBER, DE UTY ITY CLERK APPROVED AS TO FORM: OG A.4LU �;H PASSED the1991. APPROVED the c day of 1991. PUBLISHED the day of 1991. I hereby certify that this is a true copy of Ordinance No. passed by the City Council of the City of Kent, Washington, nd approve y the Mayor of the City of Kent as hereon indicated. BRENDA J CQBER DEPUTY CITY CLERK .r�w..r r+l ak ham.•�1.J VLl.. Portion city Councl Fleeting of Novete , 3 1991 JOHNSON: I would move to amend the motion to reiistate the Youth at Risk Program Goordinator as a full time positi ReCEIVED WHITE: Second. FEB 81 1992 MAYOR: It' s been moved and seconded. Is there dtsG6%t.onp Attorney WOODS : Your Honor, I would like to sneak to this. It has not come directly to Council under Other Business and I have difficulty support- ing this particular position in terms of the revenue generated covering the Position when I look at what' s happening with double bunking in the corrections facility and the police department not getting any direct return from that added revenue, and on the basis of principle I will vote against this amendment. MAYOR: 14r. Johnson, Before I take your comments I also want to clarify that if the -Council adds positions to the budget that these positions like any other positions in the budget can be administrativel frozen if Administration feels that there is a concern about too many positions in the budget. With that in mind, 11r. Johnson, your comments . " JOHNSON: Your Honor, the Parks Committee had voted three to zero to recommend to the Council. , in fact we tried to gent this on the Council agenda and the Council President, as I understand it, chose not to put it on the agenda. WOODS : Only once, Mr. Johnson, only, once. JOHNSON: That 's correct, but that' s why I'm prop6sing tonight so that it can be included as part of the 1992 budget. And I think it' s important we all realize, I think, the value th*t , b.his program is now currently providing in our community. We fund this program or we fun( more police officers to deal with these youngsters if they're not in this program. I think that because the Parks Committee recommended on a unanimous vote that it be funded, that it should be funded, and also that because it will not cost any additional dollars to the city because the fees will be increased to cover the. cost . The. cost is approximately $11,000 . It is currently funded as a full time positio EXHIBIT "B" 2 ' but because of the cutbacks would be reduced to 3/ passion for.next year. The fees that would cover the cost of $11, 000 would beproximately $13,000 o it would be actually a savings of some $2 ,000 . MAYOR: Mr. McCarthy, Mr. Johnson just outlined several :'aesumptions that are the basis for his recommendation. Is the• 'Council in possossion ''of a fiscal note on this particular proposal? McCARTHY: The IBC dehied. this request, or recommended against it , when the issue came before us . I-`think there are a couple issues here that I 'd like to clarify. One is the position is budgeted as a 3/4 nosition. It' s being filled as a full time position because it started after; the first of the year and there was enough money there because the dollars were saved during the first part of the year when the position was unfilled. The individual- emnloyee, it' s my understanding,. signed an agreement that they knew that the position would go to 3/4 time as of the first of the Year if the budget adjustment wasn't made at the time they hired on, so they knew that . With respect to the revenue, part of the mayor's budget proposal increases the revenue in the Park Department by $60, 000 and we worked with the Park Depart- ment to try to find the best place for that $60, 000 to be allocated in their various divisions and it is my understanding in that discussion and I wasn' t involved at all directly' that there was a feeling that we not add revenue to the program in question, that it be added in some of the other areas and we didn' t therefore add as much as maybe we might have in allocating the $60, 00 that' s in the budget now. ORR: Your Honor, this is one part of Mr. Johnson' s proposal that I felt I could support, however given your statement r underst4nd that 'the position probably would remain frozen at 3/4 and I respect your right to do that. I might add that I think' I will support this amendment with the idea that possibly that be given some priority because it is , if the figures are correct , it is revenue neutral, or actually generates ' a little bit more money. Just with the idea that that type of program is an extremely import, program, so with that I would say that I will support; Mt. Johnson' s amendme, knowing that the position may not be filled any time soon, but I would hope it would be given some priority at a time when it ' s possible. MAYOR: Further discussion on the amendment? r� DOWELL: Your Honor, As revenue neutral Dositiolet t*4t committee meeting, it was expressed that fees could be increased to cover ;hat amount . There lidn' t seem to be any objection to that except by Admire stration and I reall3 had difficulty understanding that , as Mr. Hansen knows,<Aa to why there woulc be an objection to raising fees for a program for youth,� at risk is necessary to cover that extra 1/4 of a person. And so I would certainly vote for this proposal. I do notice, however, that what we're doing possibly is increasinE the budget, not with this one , but we seem to be heading in that direction. This line item type thing may have some 'consequences , although I do like both of these that we've done. But maybe we are line-iteming these things to deat and increasing. . . Are we also going to make an amendment to request burn props be added back in to , which was a high council. priority. . I don ' t think very many on this council would vote against those burn props as I recall. But anyway I will vote for the youth at risk. I can't vote against that. WHITE: Mr . Chairman? s MAYOR: Mr. White, if .I may, just some response to Mr— Dowell' s comment . I think that normally when a proposal comes before you, it has a fiscal note outlining Administration's rationale and the IPC's rationale for taking the position they do. And any amount of explanation that Mr. McCarthy can pro- vide is not going to provide that outline, but nevertheless it appears that this is going to pass. But in terms of the confusion, I can see your point. Mr . White .. WHITE : Mr. Chairman, as you are mayor of our city; I respect your position and your right to freeze this position that we' are discussing; I respect your right to use the IBC and the IPC, as much as I disagree with them. But what bothers me is that there seems to be a perception that as Council we are here to rubberstamn whatever IBC and IPC and the gtayor of our fair city sends us , and I have a lot of problem with that . I am going to support this youth at risk program even though I proposed a teductton in personnel , I will support the youth at risk program as much to send a message that I'm not a rubberstamn for anybody. And I believe' in this, n-rogram. I believe in the youth at risk program. It ' s working. We have, people at our committf saying they are willing to pay more money to Participate in the program, an when the public wants a program, they're willing to pay for it , they' re willing to make it self-supporting, I have to support, that . .HOUSER: Your Honor? -1AYOR: First, Mr. White, I certainly agree with youtt ;you shouldn' t thinb of yourself' as a rubber stamp and I assure you that ,`crtainly don't . (laughter) WHITE: Message received. MAYOR: Ms . Houser. HOUSER: Well , I'm just astounded that 1/4 position could cost $11,000 . I mean, I know the youth at risk program is imporeant and I know that it started out as a 3/4 position and that was agreed to by the person that was hired. So we are not actually changing anything that wasn' t already set in the budget. But another $1I', 000 for a 1/4 position ju4t seems excessive to me. Maybe it 's because I go by what I make here, I don't know. (laughter) MAYOR: Further discussion on the amendment? All those in favor say ayes DOWELL, JOHNSON, 11ANN, ORR, WHITE: Aye. MAYOR: All those opposed say nay. HOUSER, WOODS : Nay. MAYOR: The motion is carried. k v J MUNICITU ESE,�RCII 'ERVICES (,"ENTER OF WASHINGTON 10517 N.E 38TIl PLACE KIRKLAND, IVA 98033-7926 February 11, 1992 (206)827.4334 FAX(206)827.5002 BOARD OF DIRECTORS The Honorable Jon Johnson 17ARRENA.BISIHIP Councilmember hefden' City of Kent HARRYA.PRYDE , A �� . VicePrtnde„t 224th �►va:. S. LIDYD IV PETERSON Kent, WA 98032 S—ary DR.JD"N D. !Still Trea.„.er Dear Councilmember Johnson: DIRECTORS This is in response,to your inquiry this morning Concerning the issue of whether FREDIL ANDREII•S the mayor has the discretion to make a city employment position less than full Ivan C.Dwrlt time, with a less than full-time salary, where the council Tins established in the BEmDRUd"IEua "� NAY UVRIKSM budget that the position is to be funded full time with,a►zala y i range that reflects A1KSUALL rIE G.ELDON.IIARsI/A full-time employment. As I indicated to you over the pl e, and as discussed L.JDE,IltLLER below, the mayor does not have discretion in this matter and must carry out the BE7T7fANENARIER 11fARGERY PRICE � i� � Y l established b the council. Dow IV SrEmms jsEm.STR�r There are numerous statutory provisions which provide for,the council's authority to establish and adjust compensation of city officials and, employees and which STAFF establish the duty of the mayor to carry out the policies of the,council regarding RICD.IRD YmirRDltirr compensation. In general, RCW 35A.11.020 provides that "[t]he legislative body E,re„HtrDltertat [city council] of each code city shall have the power . . . to fix the compensation ,N+RcIE,u.KuIMI"niNee ER C„„t and working conditions of[the city's] officers and employees . ." The salaries or JUDMICor salary ranges for employment positions are to be set out in the budget document P»blkHna»eeConudfa,t or attached and made a part of that document, which budget is passed by the L1:V.v6DP.,1IERRIrT Libn,etnn council as an ordinance. RCM35A.33.050, .075. Tivad tiob, RCW '5F.33.105 SnuvC.E.1GER provides as follows: Planing C„nHJlaw Br/lovK.KATwixim Publle Miry Consultant Notwithstanding the appropriations for any salaryo or salary range PArRICK IV MASON of any employee or employees adopted in '$ final budget, the legal Gat„"ant legislative body of any code city may, by ordinance, change the RDRERT R.31EINIG Lori Consultant wages, hours, and conditions of employment of Any or all of its Rorll.PETERSON appointive employees if sufficient funds are available for P„b!!t RbrLt Can»H»nt appropriation to such purposes. PmaE.SULLI1U.JR. legal Gonn"an FREDL. WARD Since the city's salaries are set out by ordinance and may be changed only by lnfurmatlon Syt`mrt SpetaH„t ordinance (and thus only by the council), it is clear that the mayor has no authority LEGAL COUNSEL to provide for a lesser or greater salary established by the council in the budget RDRERTF.H.u'T" and/or salary ordinance. The mayor is charged with the;duty to faithfully enforce Cettralco„,nel all ordinances. RCW 35A.12.100. Although the mayor his the statutory obligation E,1IERITUS ERNESTIL COWELL Municipal Law Specialist EXHIBIT "C" The Honorable Jon Johnson February 11, 1992 ';' Page 2 to prepare and submit to the council a proposed budget, as required by RM 35A.33.055, and may within that proposed budget propose that a city employment position be less than full time and funded accordingly, the council may certainly disagree with that proposal:anal authorize a full- time salary for a full-time position. The mayor would then have no choice but to carry out the mandate of the council. I trust the above analysis addresses the question you posed to me this morning. If I can be of any further assistance, please do not hesitate to contact me. 'fie duly your3, Robert R. Meinig Legal Consultant RRM:sd FOSTER PEPPER & SHEFELMAN A LAW PARTNERSHIP INCLUOINO PROFESSIONAL SERVICE CORPORATIONS i I i 1 THIRD AVENUE SUITE 3400 WASHINGTON 88101 BELLfiVUfi.WASHINGTON ORRICE SEATTLE. /h t PORTLAND.ORE60N OFFICE (2081 4206)45 (206)447.4400 COPY Fi"E E! q Ef�TELECOPIER22503)221.1510 1-0607 TffLECOPIER:12061 d4S•SdB7 q TELECOPIER: (206)447.9700•(206)447.9283 MAR 1 6 � p+ TELEX:(2061 32.8024 7,7 ANSSK:FOSTER LAW SEA n} (� 1 i �./I�� March 13, 1992 Roger Lubovich Kent City Attorney 220 Fourth Ave. So. Kent, WA 98032 0. Re: Management of Municipal Employees Dear Roger: You have asked for an analysis of issues surrounding a position of employment in the City of Kent Department of Parks and Recreation. The issues are not specific to the position or to the City of Kent ("City") , however, and we therefore do not refer to the facts of the individual position except as , necessary to identify the basis for your inquiry. Rather, the issues focus on the ever-present balance between executive and Islislative control that is a hallmark of government at every level in the United States. In the following, we identify our brief response to your inquiry, the background for your inquiry, and your analysis. Brief Response. The city council of a C*40. ',* y ("city") has the power to fix the compensation and workin�('1, li.tions of city employees. RCW 35A. 11.020; 35A.33 . 105. ' h '" ?a', � is the chief executive and administrative officer of the cityll,.' ;ih charge of all departments and employees. RCW 35A. 12 .100. The '1"a 'orIs authority to appoint, includes the power to remove or suspgns employees. 4 E. McQuillin, The Law of Municipal CQrporaj;jga� 1 12 .253 '(1985) ("McQuillin") . Employees may be suspended for financial reasons that may be determined by the mayor in the exera, se of discretion by that office. Id, R 12.246. Background. During the course of deliberations by the Kent City Council on the 1992 Budget, the Council discussed positions of EXHIBIT I'D" employment for which funding may not be adequate j, n! light of a declining economic environment. A number of s ; sitions were authorized. However, it was understood that ap ' `merit would be deferred until such time as better information reg ding City tax receipts and other revenues could be measured. Thisawas consistent with City management in 1991, during which timme the number of authorized but vacant positions remained unfilled fts a result of City Administration's concern about adequate funding. In 1991, the City Council had authorized a Parks Department position of "Program Coordinator - Youth at Risk. " In its consideration of the 1992 budget, the Council debated whether appropriations should be made to maintain the posittoniat full-time status. The legislative record is someiihat unclear. Councilmember(s) voting in favor of the motion to approve the full- time position appeared to indicate that their concurrence was premised on the Mayor's authority to determine ;service levels following review of fund availability. However, We understand a general fund appropriation was made, sufficient 'to fund the position at full-time status in 1992 . There appears to be- a distinction made with re0pect to certain positions in the 1992 budget. Some positions were authorized and budgeted funds were appropriated. Other positions were authorized subject to sufficient revenues to support hiring., Nevertheless, the budget was balanced with positions authorizedand revenue projected in support of positions and other municipal expenses. RCW 35A.33 .075. 'The budget is subject to city Odnainistration's general supervision of "city government and all city interests. " RCW 35A. 12 . 100. Additionally, the mayor is authorized to make transfers between individual appropriations within a fund, subject to any regulations enacted by the city council. $tCW 35A.33 . 120. Analysis. We begin our analysis by commentingp, on February 11, 1992, correspondence to the Honorable Jon Johnson Councilmember, from the Municipal Research and Services Center of Washington ("MRSC") . In that brief correspondence, an MRSC legal consultant has suggested that the Mayor has no authority to provide for lesser of greater salaries established by the Council to the budget or salary ordinance. We do not take issue -with the conclusions of MRSC in this regard. The principles enunpi4ted in that correspondence are well recognized. The City, act'ino through it's legislative authority (council and mayor) adioptsi an ordinance providing for the annual budget. Typically, such ordinance provides for the, establishment of positions, and 4tt;aches salaries or salary ranges to those positions. Certainly, theiMayor would be without authority to authorize a full-time position when one has' not been established by ordinance, or to authorize salary not approved by ordinance.' 1 We use the term "position" in this respect in a technical sense. We assume the position to be one regularjy ;employed, with full rights and responsibilities assigned to City employment. This The discussion of the authority of a coUrr,il to create positions, establish salaries, and otherwise .t�vi.de for the general . framework for municipal governance, doeii:-*t;'' address the specific issue of management or administration of a city. Notwithstanding the existence of budgeted positions with appropriated funds, it is well recognized that budgeted income may not necessarily correlate with actual income. Xt is incumbent upon city administration to be attentive to those issues at all times. While an administration would be within its authority to continue to employ personnel and issue salary warrants on the basis of a council's budget and appropriations, in the Osonce of funds sufficient to honor those warrants, city governments would soon be in crisis. The history of local government in the United States shows many examples of such situations. It is with this in mind that many local government administrations, at vari6us levels, have acted to control, fiscal problems by leaving vacant positions unfilled, or by suspension (lay-off) of certain p4rapnnel. The authority to leave positions vacant �wats recognized recently in Crip en v. City of Bellevue, 61 Wn. App. 251 (1991) (appointing authority with discretion not to fill vacant civil service positions;) . The City of Kent recognized this authority in the last two years in the limited staffing of municipal services during a period of economic recession. This authority has been exercised by the Mayor, notwithstanding the existence of approved positions. The Mayor's authority to leave vacant' positions is no different from the authority to suspend temporarily employees for lack of work or lack of funds. In this sense, suspension does not implicate discipline or any other employee wrongdoing. M Quillin, supra at 1 12 .246; see, Yantsin v. City of Aber_ftgn,� 54 Wn.2d 787, 790, 345 P.2d 178 (1959) : Here we are concerned with the relationship of a municipality and its employees; and, as we have seen, the right of the city to suspend or remove is absolute in the absence of limitations placed thereon by civil service or s other tenure guarantees. In Yaptsin, the Court found it had no jurisdiction to hear a challenge to the suspension of a police (civil orvice) officer. We have not examined, and we are not aware of, 'i**, tations. that may exist in Kent municipal ordinance to pr�o�Oae the Mayor's discretionary authority over appointment and/." r suspension of employees. We have also assumed that the acts, of the Mayor are exercised reasonably, and not in an arbit 'At jand capricious manner. is in contrast to temporary, or part-time personnel, who may receive compensation from specific accounts, but -do not fill formal positions in the municipal organization. We note also that we do not address in this analysis civil service .pooi.ti.ons, officers, contract employees, or employees for fixed termo. The two branches of authority (legislative A4 executive) discussed in the N,RSC analysis and in this lett#r- ro summarized well in Chatf i§ld ,v. City of Seattle, 198 Waa�h.�, �.�� ; 88 p.2d 582 (1939) . In Ch. hatfiAld, the court considered the,ia#hority of the Seattle park board over budget positions. The, park board had exclusive (executive) authority over personntll , ' in the park department. The Court recognized that the board "was not compelled to maintain on its payrolls more persons than sere needed to perform the work" of. the department. Chat g,Zd, at 186-187. However, the park board could not refuse to follow the city ordinances. If the board, in its judgment, was of the opinion that the work of its department required a nujer, of employees less than that permitted by the city council in its ordinances, or if the board lacked money to pay its employees, it had the right to contipuO in its employ only as many persons as it believed necessary to accomplish the work required, or as it could pay; but it had no right to reduce wages, or hours of labor, the schedule of #which had been established by the city council by ordinance. Chatfield, at 187 . Similarly here, the mayor would be within statutory authority to continue or suspend employment based upon a determination of the availability of work or funds; the mayor would be without statutory authority to circumvent the policy direction expressed by ordinance for reasons other than lack of work or lack of funds. The record and evidence in this case is subject to differing interpretation, and may continue to be subject to debate. Because of the insufficiency of the evidence to support either side of the issue, it would be inappropriate to speculate as to the outcome of that debate. Conclusion. , The discussion of a mayor's authority to manage positions and operations of city government is technical, and somewhat harsh. You have asked for an analysis of the issues of authority and control, and we have done so without a discussion of the practical or substantive aspects of such an; approach or the specifics of the given case. Similarly, we have attempted to avoid comment on the well-publicized political contro*rpy surrounding this issue. Recognizing the balance of authopit 'between council and mayor, we trust the foregoing will further ,a';more cooperative �-• A I rather than combative approach between the branx government to assure better public service to the City Of Very truly yours, FOSTER PEPPER & SHZPXLXAN a� P. Stephen DiJuliv PSD:kk I� LR i '