HomeMy WebLinkAbout07 20 1970 CMMinutes of the recessed meeting of July ]3+, 1970, of the Mayor and Council. of the
City of Chubbuck, held in the City Office on July 20, 1970.
Present - Cotant, Leslie, Romriell, Taylor and Thompson.
Called to order 8:&O P.M.
Purpose - To discuss the payment of ~*' ~
.~1~O.00 per month, out of administrative
expenses budget, to former Mayor Leslie Henry for the year 1969.
The question here is whether a proper authorizati~n for such payment was made by the
council then in office. The minutes for the year 1969 do not authorize such payment
and state statute prohibits a payment of this type as an increase in salary. There-
fore the present mayor and city council question the legality of this payment and
if at the end of the discussion it is determined that the payment was made illegally
that former mayor Henry should repay the amount of $1800.00 to the city of Chubbuck.
Mayor Cotant read a letter from auditor Dale Jones wherein Mr. Jones notes that this
payment was considered a legal expenditure in his audit but that there is not any
indication of the payment having been legally authorized by minutes recorded at a city
council meeting.
Mr. Henry stated that this was discussed b~ the council then in office and that he
had remained out of the discussion pertaining to the amount the mayor should receive
as reimbursement for expenses incurred while performing the duties of his office.
Y~s. Geneva Valenty, city clerk, stated that she received authorization to make a
payment of $150.00 per month to Mayor Henry from Mr. ~i Buchanan via telephone
conversation. This apparently the only authorization for the payment that anyone is
aware of. Mr. Buchanan was not at this hearing to verify this'conversation.
City Attorney Herman McDevitt then gave a legal opinion regarding this situation
stating there are many factors that could enter and tend to determine the decision
that a court might make. He also stated there apparently are not any like cases
in trial records that he can find.
During the course of discussion to decide whether the expenditure was legal it was
decided to, if possible, have the two other members of the previous counci2 record
their thoughts pertaining to this payment. These two members are A1 Buchanan and
Bob Hil~an. Councilman ~ayne Taylor was of the opinion that the past should be left
as is and not try to hold any council "to the letter" for their actions. Councilman
Thompson and Ro~riell were more of the opinion that if the payment was illegal it
should be repayed to the city. Councilman Dennis Leslie seemed to concur with this
latter view.
Councilman Thompson made a motion that as according to minutes and to gain inside
information from former council members so that they and we, presently can know, that
we have involved ourselves in solving this matter, we should contact them, Buchanan
and Hillman, and receive their viewpoint on this matter and that this should be done
as a matter of practical ayplication of business practice. Motion was seconded by
councilman Taylor. Ail in favor.
Mr. Henry then stated that if the payment was not authorized that the city would
have no problem in getting him to return the money.
It was then agreed to let attorney McDevitt secure statements from both Mr. Buchanan
and Mr. Hiilman.
Mr. McDevitt then presented letters concerning a~plications for a post office for
the city of Chubbuck. This is being pursued.
Meeting recessed at 10;OO P.M. to Tuesday July 28, 1970 at 8:00 P.M.
Clerk