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RA7`WIK, ROSZAK & MALONEY, P.A. nnomeys u yaw Paul C. Ratwik John M. Rosk Patricia A. Maloney* Terrence J. Four* Stephen G. Andersen ** Sett T. Anderson Kevin J. Rupp Jay T. Squires *t Ann R. Goering Nancy E. Blumstein* Joseph J. Lange] Michael J. waldspurger* Margaret A. Skelton Amy E. dace Fria K-. Munson Mr. Meal Beets City Manager City of Roseville 2660 Civic Center Drive Roseville,, MN 55113-1899 300 U.S. Trust Building 730 Second Avenue South Minneapolis, Minnesota 55402 (6 1 2) 339-0060 Fax (6 1 2) 339 -0038 www.ratwiklaw.com July 21, 2003 RE: Chatige in Council Benefits Our File No. 400(l -0001 Dear Mr. Beets: Shannon M. Magill Isaac Rau nnan Mark J. Girowird Eric J. QU=9 Stacey L. Wilson Eric L. Hedtke Sonya J. Guggemos * Also admitted in Wisconsin *' Civil Trial Specialist Certified by the Minnesota State Bar Association kcal Property Law Specialist Certified by the Minnesota State Bar Association This letter is in regard to whether a decision by the Council to include its members in the City's health insurance program requires an intervening election before ® it could go into effect. Minnesota Statute §415.11 states that a city council "may by ordinance fix their own salaries" in such amount as they dcem reasonable and that "no change in salary shall take effect until after the next succeeding" clection. The issue then becomes whethcr health insurance benefits are "salary" under the statute. Section 415.11 does not define `salary" and no case law has addressed how it should be interpreted in this context. In determining homer "salary" should be defined in 415.11, we have considered both a common definition, and how the term is used in ether statutes. Salary is defined in the Merriam - Webster on --line dictionary as `Mixed compensation paid regularly for services."' Under this definition, amounts paid in contributing to health benefits for council members would be salary because they are paid regularly in compensation for service on the council. }