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the Council
<br />Court House,
<br />
<br /> On mo~ion ordered filed.
<br />
<br /> 5th - "Mr. Morris tackstein applied for permit to remodel an old house at
<br /> the corner of Emmett andGreen Streets, making a store below and dwelling above.
<br /> I have viewed the premises, and I see no good reason why the permit
<br /> should not be granted, but there is a letter on file, from Mr. H.A. Irving and others, ask -
<br /> lng that the permit be denied.
<br /> I feel, therefore, it is my duty to submit the matter to the Council.,
<br />
<br /> Motion of Mr. Hutchins to defer action until next meeting, was adopted.
<br />
<br /> 6th - "Judge Bain called to see me several days ago, and requested me to ask
<br /> to provide rest room and toile~ facilities, back of the Judge's stand, in the
<br /> for the accommodation of himself and the Jurors.
<br /> I got in touch with the County authorities, and they agreed to Join in
<br />~nd provide the same facilities for Judge Coleman and the County Jurors. I herewith submit
<br />pls~s and specifications to cover.
<br /> I found that in doing this work, it would be almost as chea~ to provide
<br />two rest rooms, downstairs under the two rferred to above one for men and the other for wo -
<br />men. We asked for sealed bids, and same were opened at my office yesterday at 12:00 o'clock,
<br />by Mr. Hugh Johnston, representing the County, and Mr. Brinson and myself representing the
<br />City. The lowest bid for the work Was $1,873:00.
<br /> I request the Council, at this meeting, to appropriate $950.00, to co-
<br />ver the Cityts half of this work. This, of course, is subject ~o the Board of Supervisors of
<br />Norfolk County appropriating a similar amount.
<br /> This is an improvement that the City and County should have had long
<br />ago."
<br />
<br /> Motion of Mr. Fox to concur in the Manager's recommendation snd appropriate
<br />$950.00 for said purpose, was adopted, and by the following vote:
<br />
<br />Ayes: Leigh, Fox, Grimes, Howard, Hut,bins, Lawrence,
<br /> Weiseman, Wilson - 9
<br />Nays: None.
<br />
<br />Warren,
<br />
<br /> The following communications from the City Attorney were read:
<br />
<br /> 1st ~In reference to the matter of pensions~for policemen, referred to me
<br />at your last meeting, the City Council passed an ordinance on January 13, 1925, providing pen-
<br />sions for policemen snd firemen. The ordinance provides that any policeman or fireman who has
<br />served for at least five continuous years, or who becomes disabled from injury or disease, may
<br />be retired at a pension for the balance of his life. The amount of the pension shall be cal -
<br />culated on the basis of two and one-half per cent of the annual pay at the time of the retire-
<br />merit for each year of continuous service, provided the maximum pensions shall not exceed fifty
<br />per cent of the annual pay, and that any member who shall be totally incapacitated from in -
<br />jury received in the line of duty shall be retired on one-half pay. In order to provided a
<br />fu~d for the paymen~ of pensions the ordinance provides that there shall be deducted one per
<br />centof ~he monthly pay of each policeman and fireman.
<br /> There are eight policemen a~d two firemen on the retired list.
<br /> ~r. R.T. Heath was re~ired on May 15, 1923, before the retirement ordi-
<br />nance was adop~ed~ He was retired on recommendation of the City Manager. The Manager on A~il
<br />%0, 1923, recommended tha~ he he retired at sixty two and one half per cent of his pay, or
<br />$~3-~5 per month. The matter was referred ~o the Finance Committee, and the Council, on May
<br />8, ~19~3, passed a resolution retiring him. This amount was reduced ten per cent in the budget
<br />of 1932~ and Mr. Heath now receives $8~.39 per mo~nth. He was appointed policeman on December
<br />I5, i90.~, and ~erved 18 years and 5 months. Hots now ~2 years of age.
<br /> The remaining policemen were retired after the pension law became ef-
<br />fective:
<br /> Cs~lvin Burnell was appointed April ll, 190~ and retired June 10, 1~29, at one-half
<br />pay, or $75.2~. Me had 20 years, 2 months service.
<br /> M.L. Hunt was appointed December 2, 19t9 and retired December 31, 1932, at
<br />per month.
<br /> W.L. Sykes was appointed June 22, 1903, and retired Augus~ !, 1935, at half pay, or
<br />$?0.6~ per month.
<br /> C.E. Porter was appointed March y, 190~ and re~ired January 15, 1937. His ps~ was
<br />$4.~6 per day.
<br /> Ralph B~ndon was appointed September 15, !90~ and retired January 15, 193Y. His
<br />pay before retirement was $~.~ per day.
<br /> James Randolph was appointed April 21, 1909 and retired January 15, 193Y.~ His pay
<br />was $~56 per day.
<br /> George H. Pettijohn was appointed September 1, 1916 and retired January 15 193Y.
<br />His pay was likewise $~,46 per day. '
<br /> Each of the four men last retired are entitled to the pay. provided in
<br />the ordinance which shall be calculated on a basis of two and one half per cent of their an -
<br />nual pay at the ~ime of retirement, for each year~of continuous service, not to exceed, how -
<br />ever, one-half pay. I presume the two and one-half per cent means the mont.h!y rate and as
<br />each of the four men appear ~.o have served more than'twenty years, their ra~e under the ordi-
<br />nance ~ould be half-pay, which ~s $6Y.78 for Messrs. Porter, Bendon and Pet~i~ohn, ahd $69.~0
<br />f~r.Mr. Randolph. ·
<br />
<br /> If the basis of the pension, or the amount is to be changed, the ordi-
<br />nance should be changed. The weight of authority of the decided cases holds that ~he City has
<br />~he right ~o change the ordinance and ~he amount of the pension so long as the change is rea-
<br />sonable and ~he person is not entirely deprived of his pension rights, or it Ds not made a
<br />pension in name only. This seems ~o be true even though the person has contributed a portion of
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