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AGENDA ITEM REVIEW FORM |
7.F.
Regular City Council Meeting
- Meeting Date:
- 08/24/2022
- Department Head:
- Kay Macuil
- Submitted By:
- Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
Resolution
Resolution
ITEM:
Discussion and possible action on any and all matters regarding Resolution No. 2228. A resolution of the Mayor and City Council of the City of San Luis, Arizona correcting a scrivener’s error nunc pro tunc in; repealing conflicting provisions; and providing for severability. (Kay Marion Macuil, City Attorney)
SUMMARY:
Background
On March 9, 2020, the city’s classification and compensation consultant (CPS HR) recommended pay grade 200 for the executive assistant job description.
On September 23, 2020, City Council passed Resolution Number 2142, adding four (4) positions to the classified service, including executive assistant. The pay grade at 209 in the resolution was a typographical error.
City Council passed all subsequent budgets consistent with the pay rate of the 200 pay grade. The position at all times has been paid at the 200 pay grade in line with adjustments city-wide to contend with budgetary constraints.
Correction
To make the corrections to the resolutions retroactive to the date it was passed, the legal phrase “scrivener’s errors nunc pro tunc” can accomplish this.
The requirements are:
1. the mistake must be a clear typographical error in the drafting of the resolution (the “scrivener’s error”) and (2) the original purpose cannot be changed.
The legal phase nunc pro tunc (Latin meaning now for then) allows the correction now to relate back to the time of the original resolution. In this case, the correction will go back to September 23, 2020.
On March 9, 2020, the city’s classification and compensation consultant (CPS HR) recommended pay grade 200 for the executive assistant job description.
On September 23, 2020, City Council passed Resolution Number 2142, adding four (4) positions to the classified service, including executive assistant. The pay grade at 209 in the resolution was a typographical error.
City Council passed all subsequent budgets consistent with the pay rate of the 200 pay grade. The position at all times has been paid at the 200 pay grade in line with adjustments city-wide to contend with budgetary constraints.
Correction
To make the corrections to the resolutions retroactive to the date it was passed, the legal phrase “scrivener’s errors nunc pro tunc” can accomplish this.
The requirements are:
1. the mistake must be a clear typographical error in the drafting of the resolution (the “scrivener’s error”) and (2) the original purpose cannot be changed.
The legal phase nunc pro tunc (Latin meaning now for then) allows the correction now to relate back to the time of the original resolution. In this case, the correction will go back to September 23, 2020.
RECOMMENDATION / SUGGESTED MOTION:
I MOVE TO APPROVE AND ADOPT RESOLUTION NO. 2228 AS PRESENTED.
Fiscal Impact
- IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
- No
- CITY/STATE/FEDERAL FUNDS:
- N/A
- TOTAL:
- N/A
- BUDGETED AMOUNT:
- N/A
- AVAILABLE AMOUNT TO TRANSFER:
- N/A
- ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
- N/A
FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):
There is no fiscal impact. The city has been implementing the correct pay grade. This resolution simply corrects the record.