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<br />. <br /> <br />Warren E. Peterson <br />Jerome P. Filla <br />Daniel Witt Fram <br />elenn A. Bergman <br />John Michael Miller <br />Michael T. Oberle <br />Steven H. Bruns. <br />Paul W. Fahning. <br />Amy K L Schmidt <br />Ben I. Rust <br />Jared M. Goerlitz <br /> <br />P~ERS(]\J. <br />FRAM BERGMAN <br />.:II~.'.:8"''''''''.t.~'.~._.''''''''...'...'.L'. <br /> <br />Suite BOO <br />55 East Fifth Street <br />St. Paul, MN 55101-1718 <br />(651) 291-8955 <br />16511 228-1753 facsimile <br />www.pfb~pa.com <br /> <br />Direct Dial # (651)290-6915 <br />aschinidt@pfb-pa.com <br /> <br />June 5, 2007 <br /> <br />Schawn Johnson <br />City of Arden Hills <br />1245 West Highway 96 <br />Arden Hills, MN 55112 <br /> <br />Re: Indexing Council Member salaries; per diem payments to Council Members <br />File No.: 10450-920001 <br /> <br />Dear SChawn, <br /> <br />Mr. Filla asked that I respond to the following questions: <br /> <br />1. Is it possible for Council Members' salaries to be indexed? <br />2. Is it possible for Council Members to be paid a per diem rather than a salary? <br /> <br />Discussion <br /> <br />1. Indexing Council Members' salaries. <br /> <br />As I understand the issue, the Council is wondering whether they have the authority to set <br />salaries by ordinance, with the ordinance providing for an annual increase allowing for cost- <br />of-living increases, inflation or the like. I conclude that the Council does not have such <br />authority. <br /> <br />Minnesota Statues ~ 415.11 requires that council member pay be established by ordinance <br />"in such amount as they deem reasonable." Minn.Stat. ~ 415.11, subd. 1. The statute <br />further provides that "(n]o change in salary shall take effect until after the next succeeding <br />municipal election." Minn.Stat. ~ 415.11, subd. 2. This statute is commonly understood <br />to mean that a separate, new ordinance must be passed each time a council chooses to <br />adjust its salary. <br /> <br /> <br />The apparent purpose of the requirement that the change not take effect until after the next <br />municipal election is to ensure transparency and to protect against conflicts of interest by <br />sitting council members. In other words, if an ordinance setting salaries is passed, it is <br />made a public record and voters may take that into consideration when making their voting <br />decisions. If a voter believes that a council member is abUSing his/her office by raising <br />his/her own salary, then the voter may cast his/her vote accordingly. <br /> <br /> <br />4AI.SO AOMIITED IN WlSCON5lN <br />