HomeMy WebLinkAboutO.B. 2 LEGAL FEES 02-18-92' = FEBRUARY 13, 1992
OLD BUSINESS NO. 2
2-18-92
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
WILLIAM A. HUSTON, CITY MANAGER
FOLLOW UP TO REPORT ON LEGAL FEES
The City Council asked for the following additional information:
1. Is the City complying with Internal Revenue Services'
regulations relative to the City Attorney's retainer?
Attached is a memorandum from the City Attorney's office which
responds to this question.
2. Does the City have a retainer letter with Rourke and Woodruff?
The City does not have a retainer letter with Rourke and
Woodruff. James Rourke was appointed as City Attorney by the
City Council pursuant to Resolution No. 514 adopted on June 6,
1960. The resolution provides that the City Attorney holds
office at the pleasure of the City Council.
The City Attorney's retainer and hourly rate have been
adjusted through the annual budget process. The retainer and
hourly rate were last adjusted through the City Council's
,option of the 1989-90 budget.
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DATE: FEBRUARY 13 19 9 Z RECEIVED _
TO: WILLIAM HUSTON, CITY FEB 1 319-9?
FROM: CITY ATTORNEYtit
SUBJECT; CITY ATTORNEY; PJ%TROLL TASEB, BTC.
Pursuant to the request fox confirmation regarding taxes,
withholdings, etc. relative to the City Attorney's salary, please
be advised as follows:
The City Attorney is correctly treated as an employee
ect to all
City and as such is as to his salaryJreetslner contributfon to the
payroll taxes deductions for the employe
Public Employees Retirement System, deductions for tthe
`„�im# to ee's
portion of health care coverage, and income e
lding
requirements applicable to all employees (including members of the
City Council).
The law f irm of Rourke & Woodruff , a prof es s ionto orporationj
the ernal
is an independent contractor of the City. Pursuant
Revenue Code and Regulat ions , amounts paid to Rourke & Woodruff for
Services beyond those covered by the City Attorney's salary are not
subject to payroll taxes, etc. Only the City Attorney himself is
CLAS employee of the City and receives a salary from the city.
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QMaEs C. RCVRKE, City Attorney