When elected clerk & treasurer are also municipal employees, how do you
handle pay for meeting attendance? They are paid for their day-to-day duties
at an hourly rate.  They are paid $50/month for their elected duties.

Should they also be paid their hourly rate for meetings?  State law doesn't
require the elected clerk and treasurer to attend meetings, but all other
elected duties are performed during their regular work hours.  I think the
thought has always been all meeting attendance is covered by the $50.  But
meetings can be quite long - and sometimes there are several special
meetings they attend.  For example, it seems like the treasurer, especially,
is doing their hourly job (not elected) during special meetings/work
sessions during budget time.

How do you all handle this?  (I know there are FLSA implications, and I've
looked at that but it's still not clear to me.)

Thank you,

Kim Spady

This is a difficult issue and many cities with an elected clerk/treasurer have this problem. I think depending on the city, the ordinance and past practice some could argue that clerk gets the $50 and an hourly rate.

As a practical matter, because the statutory duties are somewhat squishy, I suggest cities develop their own job descriptions that outline what those duties are for elected officials and employees and assign pay to each.

The "elected" duties and rate of pay will need to be in the ordinances prior to the elected official takes office in order to be valid.

OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq

Suzanne D. Paulson
General Counsel
spaulson@omag.orgmailto:spaulson@omag.org

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From: Oama oama-bounces@lists.imla.org On Behalf Of Kimberlee Spady
Sent: Tuesday, October 20, 2020 3:54 PM
To: oama@lists.imla.org
Subject: [Oama] Employees - also elected officials

When elected clerk & treasurer are also municipal employees, how do you handle pay for meeting attendance? They are paid for their day-to-day duties at an hourly rate.  They are paid $50/month for their elected duties.

Should they also be paid their hourly rate for meetings?  State law doesn't require the elected clerk and treasurer to attend meetings, but all other elected duties are performed during their regular work hours.  I think the thought has always been all meeting attendance is covered by the $50.  But meetings can be quite long - and sometimes there are several special meetings they attend.  For example, it seems like the treasurer, especially, is doing their hourly job (not elected) during special meetings/work sessions during budget time.

How do you all handle this?  (I know there are FLSA implications, and I've looked at that but it's still not clear to me.)

Thank you,
Kim Spady