HomeMy WebLinkAboutDistrict 08 Minutes 1949-01-1231
MINUTES OF MEETING OF
BOARD OF DIRECTORS
COUNTY SANITATION DISTRICT NO.8
OF ORANGE COUNTY~CALIFORNIA
January 12,19L~9,at 8:00 P.M.
Board of Supervisors Room
Present:Emerson B.Milnor (Chairman),Irvin George Gordon and
Frank S.Fitts.
Absent:
The
at 8:10 P.M.
The Minutes of the meeting of December 22,19L~8,were approved.
County Counsel Joel E.Ogle presented a written opinion
(attached)regarding compensation for board members and further
stated that compensation could not be made retroactive beyond the
date that.the Board took action (October 27,19L~8).
General Manager Willis H.Warner stated that the official seal
for District No.8 will be procured and submitted to the Board for
approval.
The Board advised the other Districts that they were withho1d~
ing action on approval of the Joint Administrative Agreement pend
ing completion and review of the Engineer’s Report for District
No.8.
The Chairman declared the meeting adjourned at 9:l~P.M.
ATTEST:
~€L
CHARLES A.SWEET
Tempor~ry Secretary,Board of Directors
County Sanitation District No,8
Orange County,California
None.
joint meeting was called to order by Chairman Willard Smith
Chairman,Board of Directors
County Sanitation District No.8
Orange County,California
.-~L~
January L~,19L19
Board of Directors of
County Sanitation Districts
Orange County Courthouse
Santa Ana,California
Gentlemen:
You requested an opinion from this office as to whether or not
a member of a city council who is also a director on a county san
itation district board could legally accept compensation for his
services as a member of a county sanitation board.
Section ~733 of the Health and Safety Code,which section pro
vides in ~ub~tance that the district board shall have power to fix
the amount of compensation per meeting to be paid to each member of
the board,provides in part as follows:
~‘The compensation herein mentioned shall be in addition to any
other fees or compensation allowed by law for the other offi
ci~l positions mentioned in Section L~73O that are occupied by
members of said district ~
In the case of W~ool1omes v.Woody 79 Cal.App.(2d)696,the
District Court of Appeals upheTd the legality of the payment to a
member of the board of supervisors compensation for his services as
a director of a county sanitation district.In that case the court
states on page 701:
“It is a general principle of law that where new duties are
delegated by statute to a public officer which are without the
scope or range of his office,and additional compensation is
provided therefor,the statutory increase is not affected by a
constitutional provision prohibiting any increase in the com
pensation of a public officer after his election or appoint
ment.~
It is,therefore,our opinion that a member of the city coun
cil may be paid by county sanitation districts compensation for his
services as a director of such di8trict.
Respectfully submitted,
JOEL E.OGLE,COUNTY COUNSEL
/8/By George F.Holden
GFH:lc George F.Holdén,Deputy
CONCURRED IN BY:
/Joel E.Ogle
Joel E.Ogle,County Counsel
/Stephen K.Tamura
Stephen K.Taniura,Deputy
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