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Parking Authority Meeting 2-25-86
FEB 2 5 1986
Santa Monica, California
STAFF REPORT
FROM:
Parking Authority
city Attorney
TO:
SUBJECT:
Recertification of Parking Authority
By Laws
At its meeting on November 12, 1985, the Parking Authority
adopted Resolution Number 189 (PAS) providing compensation for
members of the Parking Authority of the City of Santa Monica. At
the same meeting, the parking Authority requested that the City
Attorney prepare the appropriate documents enabling the Parking
Authority to recertify its Bylaws to correctly reflect action
taken by it on July 14, 1981. In response to this direction, the
accompanying resolution has been prepared and is presented for
Parking Authority consideration.
The Parking Authority also requested an opinion on
compensation its members were entitled to but did not receive.
The accompanying opinion addresses this question.
PA"2.
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RECOMMENDATION
It is respectfully recommended that the Parking Authority:
1. Adopt the accompanying resolution.
2. Take such action as it deems appropriate with respect
to past-due compensation.
PREPARED BY: Robert M. Myers, City Attorney
Laurie Lieberman, Deputy City Attorney
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MEMORANDUM OPINION NUMBER 86-16
FROM:
February 20, 1986
Parking Authority
Robert M. Myers, City Attorney
Laurie Lieberman, Deputy city Attorney
Entitlement to Retroactive compensation
for Attendance at Parking Authority Meetings
DATE:
TO:
SUBJECT:
At its meeting on November 12, 1985, the Parking Authority
became aware that members of the Parking Authority had previously
adopted a resolution providing for compensation to Parking
Authority members on July 14, 1981. However, due to a clerical
error, Resolution Number 166 (PAS), certified by the City Clerk,
amending the Bylaws of the Parking Authority did not contain the
adopted paragraph regarding compensation for Parking Authority
members. Budget appropriations for Parking Authority member
compensation have not been made in subsequent years, nor have
Parking Authority members ever been compensated pursuant to the
changes in Bylaws which were adopted on July 14, 1981.
The parking Authority has asked the City Attorney for an
opinion as to whether retroactive payment to members of the
Parking Authority is legally appropriate.
As discussed in the Staff Report transmitted to the Council
on November 12, 1985, the general corporate powers set forth in
California Streets and Highways Code Section 32801 appear to
authorize compensation of Parking Authority members. Therefore,
when the Parking Authority adopted its amended Bylaws on July 14,
1981, providing for compensation to its members for attendance at
meetings and necessary expenses, its action was lawful. From
that date forward, members of the Parking Authority were entitled
to be compensated for attendance at meetings. Had they been paid
in a timely fashion pursuant to ordinary procedures, such
compensation would have been lawful.
The questions that arise are:
1. Is there any law or legal principle which would
prohibit retroactive compensation to Parking Authority Members?
2. Have Parking Authority members waived their right to
past compensation to which they were once entitled?
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3. Would it constitute a waste of pUblic funds to honor a
claim by Parking Authority members to retroactive compensation?
General Leqal Prohibitions
There are no general legal prohibitions governing
retroactive compensation in a situation such as this. Article
XI, Section lOCal of the California Constitution prohibits a
local government body from granting extra compensation to a
pUblic officer or pUblic employee after a service has been
rendered or a contract has been entered into and performed in
whole or in part. Thus, the Parking Authority could not now
adopt a resolution entitling it to compensation for past services
rendered. However, this provision clearly does not apply. The
entitlement to compensation was already created on July 14, 1981;
it simply was not executed.
Waiver
Waiver is the intentional relinquishment of a known right
or privilege with knowledge of the facts or, al ternatively,
conduct that will warrant an inference of the relinquishment of
such right. waiver may result from either an express agreement
or it may be inferred from circumstances indicating an intent to
waive.
There is no evidence of which we are aware to support an
inference that any Parking Authority member has waived his or her
right to compensation under Resolution Number 166, either
expressly or impliedly.
Waste of Public Funds
It could constitute a waste of public funds for the city to
honor a claim that would otherwise be barred by an existing
statute of limitations if a claim were filed. Therefore, the
question as to whether a claim filed by a Parking Authority
member for retroactive compensation would be barred must be
addressed.
Were Parking Authority members forced to file suit to
recover compensation owed according to the actual Resolution
adopted on July 14, 1981 (which was not reflected in the written
version of either the Minutes or the ReSOlution), the applicable
statute of limitations would likely be three years, since it
would be treated as analogous to a liability created by statute.
California Code of Civil Procedure Section 338. Such a suit
would not be barred by a claims statute since California
Government Code Section 905 provides an exception to Government
Code Section 900 requiring the filing of a claim prior to filing
a lawsuit for "[ c] laims by pUblic employees for fees, salaries,
wages, mileage, or other expenses and allowances."
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The Parking Authority clearly has the power to compromise
disputed claims before or after suit has been filed. The Parking
Authority members' claim to past compensation, to which they were
entitled pursuant to Resolution Number 166 (PAS), is clearly a
meritorious claim. Therefore, since individual Parking Authority
members have a right to compensation which became due and owing
from July 14, 1981 forward, the Parking Authority has the power
to legally authorize payment of such compensation, subject to
application of a three year statute of limitations.
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Parking Authority Meeting 2-25-86
Santa Monica, California
RESOLUTION NUMBER 190 (PAS)
(Parking Authority Series)
A RESOLUTION OF THE PARKING AUTHORITY OF THE
CITY OF SANTA MONICA RE-CERTIFYING THE BYLAWS
(PARKING RESOLUTION NO.1) FOR SAID BODY,
AND RESCINDING ALL OTHER RESOLUTIONS IN CONFLICT HEREWITH
WHEREAS, due to clerical errors, Resolution No. 166
(Parking Authority Series), adopted July 14, 1981, does not
accurately reflect actions taken by the Parking Authority on said
date; and
WHEREAS, the Parking Authority wishes to correct those
clerical errors to ensure that the Parking Authority Bylaws
accurately reflect actions taken by the Parking Authority on July
14, 1981,
NOW, THEREFORE, THE PARKING AUTHORITY OF THE CITY OF SANTA
MONICA HEREBY DOES RESOLVE AS FOLLOWS:
SECTION 1. Resolutions Nos. 1, 26, 42, 43, 90, 95, 100,
101, 103, 106, 112, and 166 (PAS) and each of them, and any other
resolution adopting, amending or relating to the Bylaws of the
Parking Authority is hereby repealed in entirety.
SECTION 2. That the Bylaws of the Parking Authority of the
City of Santa Monica be as follows:
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BYLAWS OF PARKING AUTHORITY
Section 1. Name. The name of the
parking authority activated by Resolution
No. 518 (City council Series) of the city
Council of the City of Santa Monica
adopted the 12th day of september, 1950
pursuant to the Parking Law of 1949,
shall be the Parking Authority of the
city of Santa Monica, and all property
held by it and agreements entered into
thereby shall be in such name.
Section 2. Officers.
A. The Mayor of the city of Santa
Monica shall be the chairperson of the
Parking Authority of the city of santa
Monica.
B. The Hayor Pro Tempore of the
ci ty of Santa Monica shall be the
Chairperson Pro Tempore of the Parking
Authority of the City of Santa Monica.
c. The city Manager of the city of
Santa Monica shall be the Executive
Secretary of the Parking Authority of the
City of Santa Monica.
D. The City Clerk of the city of
Santa Monica shall be the Clerk of the
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Parking Authority of the city of Santa
Monica.
Section 3. Meetinqs. Said
authority shall hold regular meetings
four times a year, which meetings shall
be held on the second Tuesday of January,
April, July and October. Any regular
meeting may be adj ourned or readj ourned
to a date and time to be specified in the
order of adjournment, and when adjourned,
each adjourned meeting shall be a regular
meeting for all purposes.
All regular meetings shall be held
at the hour of 7:30 p.m. in the Council
Chambers of the City Hall of the City of
Santa Monica, located at 1685 Main
Street, santa Monica, California, or such
other place as may be designated by a
majority of the Authority.
Special meetings shall be covered
by section 54956 of the Government Code
of the State of California as it
presently exists or is hereafter amended.
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section 4. Quorum. Four members
of the authority shall constitute a
quorum to do business but a less number
may adjourn from time to time.
section 5.
Contracts and Leases.
No contract or lease shall be entered
into until after a resolution authorizing
the chairperson or the chairperson pro
tempore to execute the same shall have
been adopted by an affirmative vote of at
least four members of the authority.
Section 6. Fiscal Matters. The
fiscal year of the authority shall be
from July 1 to June 30 each year. The
proposed budget for the fiscal year shall
be submitted to the authority thirty-five
(35) days prior to the beginning of the
fiscal year and on or before June 30 it
shall be adopted with revisions, if any,
by the affirmative votes of at least four
members.
Section 7. Independent Audit. The
Parking Authority shall employ
independent certified public accountants
in accordance with state law.
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Section 8. Investment of Funds.
Idle funds may be invested by the
Treasurer in accordance with state law.
section 9. Public Hearinqs.
Unless provision in the Parking Law of
1949 to the contrary all pUblic hearings
shall be held at the designated place of
meeting of the authority after notice
thereof has been published in a newspaper
of general circulation at least once and
not less than five days prior to the
holding of such hearing. Public hearings
shall be held on such matters as the
authority may determine and any hearing
called may be adjourned from time to
time.
Section 10. Each member shall
receive $25.00 for every meeting
attended. No member shall receive
compensation for attending more than two
meetings of the Parking Authority during
any calendar month. In addition, members
shall receive their actual and necessary
expenses incurred in the discharge of
their duties.
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Section 11.
Amendments.
These
Bylaws may be amended at any regular
meeting by a majority of the members
present at such meeting.
SECTION 3.
The Clerk of the Parking Authority shall
certify to the adoption of this Resolution, and thenceforth and
thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
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ROBERT 11. MYERSl)
City Attorney
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ADOPTED AND APPROVED THIS
25th
DAY
OF
February
, 1986.
) fihAA ~~/J
U vJ"IiIi>fy'6r~U Tempore d
I HEREBY CERTIFY THAT THE FOREGOING RESOLUTION,
NO.
190
, WAS DULY ADOPTED BY THE PARKING AUTHORITY
OF THE CITY OF SA~TA MONICA AT A MEETING THEREOF HELD
ON February 25
I 1986, BY THE FOLLOWING AUTHORITY VOTE:
AYES:
AUTHORITY MEMBERS: Conn, Epste1n, Jenn1ngs, A. Katz,
and H. Katz
NOES:
ACTHORITY MEMBERS:
An S EN'l' :
AUTHORITY MEMBERS: Reed and Zane
ABSTAIN:
AUTHORITY MEMBERS:
ATTEST:
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CITY CLERK