Pass: 17,111 / 69.47% Yes votes ...... 7,520 / 30.53% No votes

See Also: Index of all Measures

Impartial Analysis from Leslie E. Devaney, City Attorney

Currently, the Murrieta City Council's compensation is set by Municipal Code section 2.04050, which provides as follows:

Pursuant to Section 36516 of the Government Code of the state, as amended, Compensation shall be paid to each member of the city council in the amount set forth in the schedule of such section. More particularly, the amount of compensation to be paid to each member of the city council shall be the sum of six hundred dollars ($600.00) per month in accordance with Government Code Section 36516, based upon written request of the individual council member. The compensation prescribed n this chapter is and shall be exclusive of any amounts payable to each members of the council as reimbursement for actual and necessary expenses incurred by him or her in the performance of duties for the city; and, accordingly, each member of the council shall receive reimbursement for such actual and necessary expenses incurred in the performance of official duties of the city, pursuant to the provision of Section 365145 of the Government Code, as amended from time to time. Such reimbursement shall be as established by a policy resolution adopted by the city council.

California Government Code section 3 65 1 6, referenced above, provides, in pertinent part, as follows:

(a) A city council may enact an ordinance providing that each member of the city council shall receive a salary, the amount of which shall be determined by the following schedule:
...
(4) In cities over 75,000 up to and including 150,000 in population, up to and including six hundred dollars ($600) per month.

Government Code section 365145, also referenced above, states that "City council members may be reimbursed for actual and necessary expenses incurred in the performance of duties. Reimbursement for these expenses is subject to Sections 532322 and 532323. City Council members currently receive a stipend of $600 per month plus benefits and reimbursement for actual and necessary expenses. Measure D would limit all compensation of City Council members, including both salary and benefits but excluding reimbursement, to fifteen percent (15%) of the median/family household income of the people of Murrieta. 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.

It is unclear from the terms of Measure D when it applies, i.e., Whether it applies retroactively or prospectively only. California Government Code section 365165 provides that, generally, a change in a city council member's compensation applies prospectively only. Measure D also seeks to require a super-majority (55%) of registered voters to increase the City Council's compensation. California Government Code section 36516(b) requires a vote of the majority of the electors to change the compensation of city council members. Similarly, subsection (c) of section 36516 provides that, with majority approval, city council compensation may be increased by ordinance or amendment to an ordinance up to 5%. Thus, a legal question exists as to whether portions of Measure D conflict with state laws.