CC - Item 4D - 2005-49 Setting Terms and Compensation of Community Development Commissioners•
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNICL
FROM: PETER L. WALLIN, CITY ATTORNEY
DATE: DECEMBER 20, 2005
•
RE: RESOLUTION NO. 2005-49 SETTING TERMS AND
COMPENSATION OF COMMUNITY DEVELOPMENT
COMMISSIONERS
Community Development Commissioners currently receive compensation of $1,200.00 per month.
AB 11, effective January 1, 2006, will reduce the compensation payable to Commissioners to a
maximum of $75 per meeting attended. No Commissioner can receive compensation for attending
more than two meetings a month.
I have prepared the enclosed Resolution implementing the mandate of AB 11, reducing the
compensation of Commissioners to the statutory maximum.
In response to concerns that a councilmember's salary may not lawfully be reduced during
his/her term of office, Assemblymember Hector De La Torre, the author of AB 11, has asked for
an Attorney General's opinion on the following question:
Do the amendments of Government Code section 36516, effective January 1, 2006 (Stats.
2005, ch. 178, § 1), that limit the compensation "for service by a city council member on
a commission, committee, board, authority, or similar body," apply to city council
members who were elected to office prior to January 1, 2006?
The requested opinion should be rendered in February or March. Pending determination of that
issue by the Attorney General, Section 5 of Resolution No. 2005-49 provides that commissioners
elected to City Council office prior to January 1, 2005, will continue to be paid at the rate of
$1,200.00 per month for the balance of their term in office, but will be liable to repay the
Commission in the event that the Attorney General issues an opinion that AB 11 may be applied
to councilmembers during their term of office.
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COUNCIL AGEDA
DEC 2 7 2005
ITEM No.
•
RECOMMENDATION
That the City Council adopt Resolution No.2005-49 Setting Terms and Compensation of Community
Development Commissioners.
RESOLUTION NO. 2005-49
•
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD SETTING TERMS AND COMPENSATION OF
COMMUNITY DEVELOPMENT COMMISSIONERS
WHEREAS, Ordinance No. 821, adopted January 22, 2002, established a Community
Development Commission and appointed the City Council as the Commission; and
WHEREAS, pursuant to Health & Safety Code Section 34130(a) the City Council is to provide
for the terms, compensation, and removal of the Commissioners; and
WHEREAS, Resolution 2002-05 of the City Council of the City of Rosemead established the
compensation of Commissioners at $1,200.00 per month; and
WHEREAS, effective January 1, 2006, Section 34130.5 of the Health and Safety Code will
establish new maximum limits for compensation of commissioners.
WHEREAS, it is an open question whether a councilmember's salary can lawfully be reduced
during his/her term of office. Accordingly, Assemblymember Hector De La Torre,
the author of AB 11, has asked for an Attorney General's opinion on the following
question:
Do the amendments of Government Code section 36516, effective January 1,
2006 (Stats. 2005, ch. 178, § 1), that limit the compensation "for service by a
city council member on a commission, committee, board, authority, or similar
body," apply to city council members who were elected to office prior to
January 1, 2006?
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY
RESOLVES:
SECTION 1: That the compensation fo r each Commissioner of the Rosemead
Community Development Commission shall be seventy-five dollars ($75.00) for each meeting of
the Commission attended by that Commissioner. No Commissioner shall receive compensation
for attending more than two meetings of the Commission in any calendar month.
SECTION 2: That Commissioners shall serve on the Commission for a term that
coincides with the Commissioners' terms on the City Council.
SECTION 3: That the Commission shall, by a majority vote, appoint the Chairperson
and Vice Chairperson. The Commission officers shall hold such offices for a one-year term
coinciding with the terms of Mayor and Mayor Pro-Tem, however, the Commission may
reorganize at any time by a majority vote of the Commission.
•
Resolution No. 2005-49
Page 2
0
SECTION 4: City Council Resolution 2002-05 is repealed as of the effective date of this
Resolution.
SECTION 5: Notwithstanding the foregoing, unless and until the Attorney General
issues an opinion to the contrary, for the balance of their term in office Commissioners elected to
the City Council prior to January 1, 2006, will continue to be compensated at the rate of
$1,200.00 per month rather than at the rate provided in Section 1 of this Resolution. In the event
that the Attorney General issues an opinion that the AB 11 compensation limitations may be
lawfully applied to sitting Councilmembers, each Commissioner shall be indebted to the
Community Development Commission, and shall repay the Commission, for the difference
between the amount received pursuant to this Section 5 and the amount that would otherwise be
payable pursuant to Section 1.
SECTION 6: This Resolution shall take effect January 1, 2006.
PASSED, APPROVED AND ADOPTED this 27th day of December, 2005.
ATTEST:
MAYOR
By:
CITY CLERK