CITY OF HOMER

HOMER, ALASKA

Stark

                                                            ORDINANCE  05-58 (S)(A)                                                 

AN ORDINANCE OF THE HOMER CITY COUNCIL AMENDING HOMER CITY CODE SECTION 1.24.040, BY-LAWS FOR COUNCIL PROCEDURE, (M) SALARIES OF ELECTED OFFICIALS, [TO RAISE THE EXPENSE ALLOWANCE] AND TO PROHIBIT MEMBERSHIP IN PUBLIC EMPLOYEES RETIREMENT SYSTEM FOR ELECTED OFFICIALS.

     WHEREAS, with the passage of time the existing expense allowance for Council Members and the Mayor of $50 per month is no longer appropriate, particularly for the Mayor, who represents the City at numerous events both in the City and around the State; and

[     WHEREAS, the  City Attorney has stated that a raise in the expense allowance can only be effective for newly elected officials to avoid a conflict of interest where Council Members  raise their own salaries, and]

       WHEREAS, at the present time the City is offering elected officials membership in the Public Employees Retirement System (PERS) despite the Code's express prohibition of such compensation unless authorized by ordinance, and

     WHEREAS,  the City at this time has an indebtedness to PERS in excess of $6 million, and

     WHEREAS, under PERS rules a Council Member would receive a pension of $125 for the rest of his/her life after being in office five years, far exceeding the expense allowance authorized by ordinance.

     NOW THEREFORE BE IT ORDAINED  by the City of Homer:

     Section 1.  HCC Section 1.24.040 m. Salaries of Elected Officials is hereby revised to read

The Council may fix by ordinance the salaries of elected officials.  [(The) Homer City Council members shall receive an expense allowance of  [$50] $75 per month, the Mayor $100 per month, effective upon their election/reelection.   ] The Councilmembers will receive a $150.00 $100.00 non wage stipend per month during their term of office as a reimbursement for expenses and the Mayor at $200.00 $150.00 per month. The City shall not spend any funds for elected officials membership in the Public Employees Retirement System.   An elected official may not receive any other compensation for service to the Municipality unless specifically authorized to do so by ordinance.  Per diem payments or reimbursements for expenses are not compensation under this section.

     Section 2. This Ordinance is permanent and shall become part of the Code.

PASSED AND ENACTED by the Homer City Council this 28th day of November,  2005.

CITY OF HOMER

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CITY OF HOMER -->-->

-->-->                        JAMES C. HORNADAY, MAYOR JAMES C. HORNADAY, MAYOR -->-->

ATTEST

-->-->MARY L. CALHOUN. CMC, CITY CLERK MARY L. CALHOUN. CMC, CITY CLERK -->-->

Introduction: October 24, 2005

Public Hearing: November 14, 2005

Second Reading: November 14, 2005 laid on the table, removed from the table November 14, 2005 and voted upon. Reconsidered November 28, 2005 and amended.

Effective Date: November 29, 2005

Ayes: 4

Noes: 2

Abstain: 0

Absent: 0

Reviewed and approved as to form and content:

Walt Wrede, City Manager                                                   Gordon Tans, City Attorney

Date:                                                                                        Date:

Fiscal Note: $150 budgeted