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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 pY