HomeMy WebLinkAbout27022 RESOLUTION NO. 2 7 0 0-,0
LEVEUANDNVACATAPPROVING
PAYPAYMENT
ROBEF ERT$L.I ACCUMULATED
DUNCAN, SEWER DEPARTMENT.
LEAVE
WHEREAS, on the 15th day of May, 1980, Robert L. Duncan resigned as
employee of Sewer Department in the City of Waterloo, Iowa, and
WHEREAS, Robert L. Duncan has accumulated 139 hours of sick leave and
is entitled to payment for same, and
WHEREAS, Robert L. Duncan has earned and is entitled to 1 week vacation
pay, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that
Robert L. Duncan be paid the total amount of $1 ,174.24, being payment in full
for above mentioned sick leave and earned vacation, and that the Finance Director
be, and he is hereby, authorized, empowered and ordered to draw a warrant accord-
ingly for said sum and deliver the same to Robert L. Duncan.
Passed and adopted by City Council on 27th day of May, 1980, approved by
the Mayor on 27th day of May, 1980.
Leo P. Rooff, Mayo
ATTEST:
•
Lar y P. rger, City erk
March 30, 1989
Mr. Larry P. Burger
City Clerk/Auditor
City Hall
Waterloo, IA 50703
Dear Larry:
Pursuant to your request, the City Attorney' s Office has reviewed
the issue of whether or not it is necessary to obtain the signa-
tures of the former City Clerk, Katherine Gibbs , and the former
Mayor, Leo Rooff, on resolutions from 1979 which had not been
signed. After reviewing applicable state law and cases concern-
ing this matter, it is the opinion of the City Attorney' s Office
that it is not necessary to obtain signatures on the old resolu-
tions for them to be valid.
Section 380 . 6 of the Iowa Code provides , in pertinant part:
Measures passed by the council, other than motions , become
effective in one of the following ways :
3 . If the mayor takes no action on the measure, a
resolution becomes effective fourteen days after the date of
passage and an ordinance or amendment becomes a law when
published, but not sooner than fourteen days after the date
of passage, unless a subsequent effective date is provided
within the measure.
Upon a review of §380. 6 , it appears that resolutions automatical-
ly become effective, unless vetoed, fourteen days after the date
of passage. Thus , it is not necessary to obtain the signature of
the Mayor on the old resolutions .
Mr. Larry P. Burger
March 30 , 1989
Page 2
Section 380. 7 provides that :
"The city clerk shall. . .Promptly record each measure, with a
statement , where applicable, indicating whether the mayor
signed, vetoed, or took no action on the measure, and
whether the measure was repassed after the mayor' s veto. "
Several Supreme Court cases have reviewed both the issue of
whether or not the Mayor' s signature is necessary on ordinances
or resolutions and whether or not the failure of the City Clerk
to record an ordinance or resolution renders it inoperative. The
cases of Hardwick v City of Independence, 114 NW 14 ( Iowa 1907 ) ,
and Swiger v Eden, 24 NW2d 793 ( Iowa 1946 ) , both reviewed those
issues . In those cases the Supreme Court stated when the Mayor
in each of those cases allowed fourteen days after the passage of
a resolution to elapse without taking any action on it , the
resolution became operative at the expiration of such period
without his signature. In those cases the Iowa Supreme Court
stated that even though the ordinance had not been properly
recorded they could not hold that such a fact invalidated the
ordinance. The Supreme Court stated that the recording of an
ordinance is not mandatory but is directory.
Although the case cited discussed the effect of not recording
ordinances and resolutions , rather than the lack of signatures on
them, it is the opinion of the City Attorney' s Office that fai-
lure of the clerk to sign an ordinance or resolution should be
treated in a similar fashion. The Supreme Court has made clear
that ordinances become effective after they have been published.
Similarly, resolutions become effective fourteen days after pas-
sage. Thus , failure of the City Clerk to sign the resolutions in
question should not affect their validity.
After reviewing the above law and cases , it is the opinion of the
City Attorney' s Office that the unsigned resolutions from 1979
are in fact valid, and it is not necessary to obtain the signa-
tures of the former Mayor and City Clerk for the resolutions to
be valid.
If you have any questions about this matter, please let me know.
Sincerely,
Hugh M. Field
City Attorney
HMF:lc