What can we help you find today?

Alderman Declines Salary

Print This PagePrint This Page Send by EmailSend by Email
Reviewed Date: May 04, 2017

Original Author: 
Hardy, Pat
Co-author: 
Allen, Stephanie
Date Created: 
Feb 9, 2015


Subjects:
Personnel--Compensation
City councilmember

Alderman Declines Salary

Summary: 
MTAS was asked whether an alderman may decline a salary.

Knowledgebase-Alderman Declines SalaryFebruary 9, 2015

Question: We have received two checks from one of our aldermen.  He does not want to be paid for his position as an alderman.  Do we need anything besides a signed memo from him for the file?

Answer: Believe it or not the Town should write him the check and he can then “donate” it back. This is not a requirement in the law, but is highly suggested by Stephanie Allen, MTAS Attorney. Evidently there have been cases where creditors have gone after an official’s forgone salary where the city did not actually write him a check. In this case the official’s creditors were later able to demand (and receive) the salary. This being the case, it is against public policy not to pay the individual, because they or someone else could come back on the Town at a later date. Thus, you should pay him and let him donate it back.

Pat Hardy
Municipal Management Consultant


Attachment(s):

About Our Knowledgebase

MTAS letters and publications were written based upon the law at the time and/or a specific sets of facts. The laws referenced in the letters and publications may have changed and/or the technical advice provided may not be applicable to your city or circumstances. Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this database.