TC Res. No. 2009-15 VOLUNTARILY REDUCING TOWN COUNCIL SALARIESs • e•
TOWN OF AVON
RESOLUTION NO. 09-15
VOLUNTARILY REDUCING TOWN COUNCIL SALARIES
WHEREAS, the Town of Avon is experiencing significant reductions in projected revenues and
has implemented budget reductions and reduction of expenditures, including a program to reduce
employee salaries; and,
WHEREAS, the members of the Town Council desire to participate proportionately in the
reduction of salaries and contribute to the reduction of expenditures for the Town of Avon; and,
WHEREAS, Section 2.04.010 of the Avon Municipal Code establishes salaries for the Mayor,
Mayor Pro -Tem and all other Council Members; and,
WHEREAS, Section 11, Article XII of the Colorado Constitution prohibits the decrease of
salary for any elected officer during the term of office for which that officer was elected;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON that the Town Council Members, individually, may voluntarily elect to participate in
the town wide budget reduction program by donating a portion of their salary back to the Town
of Avon provided that any such donation is voluntary.
ACCEPTED, APPROVED AND ADOPTED this 28th day of April, 2009.
AVON TO
C
Richard Carroll, Council Member
By:
KPisti aro Council
Member
By: Gt ��
Buz Reynol s, Council Member
[Seal]
Attest: C
Pa y McKe own Clerk
By:
IN
in
Brian Sipes, Mayor Pro -Tem
j
2
WIDNER MICHOW & COX-
ATTORNEYS AT LAW
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council Members
CC: Larry Brooks, Town Manager; Patty McKenny, Town Clerk
FROM: Eric Heil, Town Attorney
DATE: April 18, 2009
SUBJECT: Reduction of Town Council Salaries
Summary: Town Council desires to consider a reduction in the salaries for Town Council
Members which is commensurate with the reduction in salaries to be implemented in May,
2009, as part of a budget reduction program. This memorandum discusses legal issues
associated with reducing salaries for elected officials.
Legal Analysis: Section 2.04.010 of the Avon Municipal Code establishes compensation for
the Mayor, Mayor Pro Tern and all other Council Members. Although the municipal code usually
may be amended by the adoption of an ordinance, the Colorado Constitution prohibits salary
increases or decreases for elected officials during the term of such office. Section 11 of Article
XII, Colorado Constitution states in part,
"No law shall extend the term of any elected public officer after his election or
appointment nor shall the salary of any elected public officer be increased or
decreased during the term of office for which he was elected."
The prohibition against modifying an elected public officer's salary during his term of office is
intended to deter the appropriative body from influencing a public officer by threat or promise of
salary change, and to discourage the officer from himself seeking increased compensation.
Tisdel v. Bd. of County Commis, 621 P.2d 1357 (Colo. 1980); Lancaster v. Bd. of Com'rs of
Jefferson County, 171 P.2d 987 (1946). The Town Council may not adopt an ordinance that
decreases the salary of Town Council Members during the current term of each Council
Member.
Town Council may adopt a resolution declaring that individual Town Council Member may
voluntarily elect to donate a portion of their salary back to the Town in order to participate in the
Town wide salary and budget reduction program. Resolution No. 09 -15 Voluntary
Reduction of Council Member Salaries is presented for consideration by Town Council.
Please note that Resolution No. 09 -15 includes signature lines for all Town Council Members
which serves both as a statement of unanimous support as well as an affirmation by each
Council Member that any donation of salary received back to the Town is a voluntary choice by
each individual Council Member. The passage of Resolution No. 09 -15 would not reduce
Town Council salaries nor would it create any legal obligation by any Town Council Member to
rebate, forego or reduce the salary they current receive pursuant to Chapter 2.04 of the Avon
Municipal Code.
Proposed Motion: "I move to approve Resolution No. 09 -15 Voluntary Reduction of Council
Member Salaries."
Widner Michow & Cox LLP Eric Heil, Esq., A.I.C.P.
13133 East Arapahoe Road, Suite 100 Direct Tel 303.754.3392
Centennial, CO 80'112 eheil @wmcattorneys.com