Citation Numbers: 153 Ky. 502
Judges: Clay, William
Filed Date: 5/1/1913
Status: Precedential
Modified Date: 7/24/2022
Opinion of the Court by
Affirming.
On November 5,1909, the board of council of the city of Winchester, a city of the fourth class, enacted an ordinance which was thereafter approved by the mayor and
On December 6,1909, the board of council passed several ordinances fixing the salaries of the various city officers, and among them an ordinance fixing the salary of the mayor at $500 per annum. On the one hand it is claimed that this ordinance became a law without the signature of the mayor, and on the other hand it is claimed that the ordinance was vetoed in proper time by the mayor.
On December 23, 1909, J. A. Hughes was elected Mayor, by the board of council for the term of four years beginning on the first Monday in January, 1910.
Thereafter there was a' controversy between the mayor and the members of the board of council with reference to the salary which the mayor was entitled to receive. On January 7, 1911, the board of council enacted an ordinance imposing upon the mayor the duty of superintending the construction and repair of all streets, alleys, crossings and all street improvements, including the supervision of the operation of the quarry for crushing and spreading its stone, 'and the purchase of supplies incident to the proper construction and repair of the streets, alleys and crossings, and fixing his salary for these additional duties at $700 per annum, thus fixing his salary, in the event the ordinance of December 6,1909, was valid, at $1,200 per annum.
Section 161 of the Constitution provides:
“The compensation of any city, county, town or municipal officer shall not be changed after his election or appointment, or during his term of office; nor shall the term of any such officer be extended beyond the period for which he may have been elected or appointed.”
Section 3553, Kentucky Statutes, is as follows:
“Salary of Mayor. The mayor may be allowed an annual salary to be fixed by the council, and rio change in the amount shall be made to take effect during the term 'for which any mayor is elected or appointed. ’ ’
This action was brought by I. H. Browne, a citizen and taxpayer of Winchester, Kentucky, against the city of Winchester, J. A. Hughes, its mayor, and various officers of the city, to enjoin them'from paying the mayor the salary of $1,200 per annum. The petition alleges that the ordinance of December 6, 1909, was duly passed and was in full force and effect at the time of the enact
Section 3503, Kentucky Statutes, is as follows:
“It shall be the duty of the mayor or chief executive 'to sign the proceedings of every meeting of the board of council when the same shall have been written up by the ■ clerk and approved by the board of council. The mayor ■shall have the power to approve or veto any ordinance ■or resolution. Any ordinance or resolution vetoed by the ■mayor or chief executive may be passed over the veto by ¡a vote of two-thirds of the whole number of councilmen elected; and should the mayor refuse to sign any ordinance or resolution, or return the same to the city clerk with his objection in writing within ten days after its passage, the same shall take effect without his signature. In any ordinance appropriating money, the mayor or chief executive may veto any single item therein, and if such item be not passed over the veto in the same manner as herein provided, such item shall be disallowed.”
The mayor and city clerk both swear that on the evening of December 15, 1909, and within ten days from the passage of the ordinance of December 6, 1909, fixing the salary of the mayor, city clerk and police judge, the mayor returned these ordinances, including the ordinance fixing the salary of the mayor, to the city clerk, together with the statement in writing to the effect that he had vetoed each of the ordinances because the salaries fixed by the ordinances of November 5, 1909, were reasonable,
Plaintiff insists that the veto was not effective because made in secret, and not presented to the board of council until after several meetings had elapsed. An examination of section 3503, Kentucky Statutes, supra, shows that an ordinance duly passed by the board of council can become effective only in following ways: (1) By the approval of the mayor; (2) by the refusal of the mayor to sign the ordinance or return the same to the city clerk, with his objection in writing, within ten days after its passage; (3) by its passage over the mayor’s veto. After the mayor’s veto of the ordinance in question, no attempt was made to pass it over his veto by a vote of two-thirds of the whole number of councilmen elected. That being true, the only question to be determined is: Was the ordinance in question properly vetoed The effectiveness of a veto by the mayor of a municipality depends upon the charter provision regulating that power. Some charters provide that the ordi
Judgment affirmed.