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Smart Voter
Riverside County, CA November 2, 2010 Election
Measure E
Limit on Administrative Compensation
City of Murrieta

Ordinance - Majority Approval Required

Pass: 16,401 / 66.74% Yes votes ...... 8,175 / 33.26% No votes

See Also: Index of all Measures

Results as of November 26 12:17pm, 100.00%% of Precincts Reporting (53/53)
Information shown below: Impartial Analysis |

Shall the ordinance prohibiting chief City administrative officials, including the City Manager and their direct reports (but excluding the police and other emergency public safety personnel), from having either annual salaries with benefits of a combined hourly rate with overtime and benefits (including, but not limited to, car, gas, life insurance, health/medical insurance, and other personal usage benefits) that exceeds 2.5 times the median family/household income in the City be adopted?

Impartial Analysis from Leslie E. Devaney, City Attorney
Currently, the Murrieta City Manager's compensation is set by the City Council, as authorized by Municipal Code section 208.030, entitled, "Compensation," which provides as follows:

The city manager shall receive Such compensation and expense allowances as the city .council shall time to time determine, and such compensation shall be a proper charge against such funds of the city as the council shall designate.

The City Council is authorized to determine the salary of the City Manager and other such employees pursuant to California Government Code section 36506, which states that "By resolution or ordinance, the city council shall the compensation of all appointive officers and employees. Such officers and employees hold during the pleasure of the city council."

Based on the above authority, the City Council currently the compensation of the City Manager. Measure E would limit the compensation of the City Manager and his "direct reports" to 2.5 times the median family/household income of the people of Murržeta, including both salary and benefits. Measure E reads as follows:

No chief city administrative official(s), including city manager and their direct reports, shall have annual salaries with benefits or a combined hourly rate with overtime and benefits that exceeds a rate of 2.5 times the median family household income of the people of Murrieta. Benefits include, but are not limited 1:0, car, gas, life insurance, health/medical insurance, and any other personal usage benefits. Fire, police, and other emergency public safety personnel are excluded from this initiative. This law would be waived during States of Emergency except those that are budgetary or administrative in nature.

Thus, for example, if the median family/household income of the people of Murrieta was $100,000, the City Manager's compensation (and that of his "direct reports") would be limited to $250,000 each: $100,000 x 2.5 = $250,000.

A legal question exists as to whether the timing and the standard by which such limits will be calculated are adequately defined to permit enforcement. Additionally, a legal question exists as to whether the people to which Measure E applies are adequately defined to permit enforcement. Relatedly, because some of the people to which Measure E applies may be subject to existing employment contracts or collective bargaining agreements, a legal question exists as to the effect of Measure E on such contracts or collective bargaining agreements. Finally, because Government Code section 36506 vests in the City Council the right to hire and provide compensation for appointed officers and employees of the City, a legal question exists as to whether Measure E is a proper delegation of the City Council's discretion.

 
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Created: January 6, 2011 14:59 PST
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