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Regular Council Meeting <br />6/7/93 <br />Page Five <br />Mr. Diemert said when similar ordinances were discussed he said he cannot make <br />decisions for Council and the Mayor. They each have to decide for themselves how <br />they feel. His opinion was and still is, that he can justify and argue on behalf of Council <br />this should someone contest it in Court. But, it is defensible. Can he win it--it is a gray <br />area. When you put an hourly rate of $25 per hour as reimbursement for expenses; he <br />found no case law that could say that that was one way or another. It is arguable. Mr. <br />Diemert said how you read it is your opinion. He could not find anything that clearly <br />prohibits or supports it. He said this is the only town in his 20 years of being Law <br />Director that has a provision that requires approval of the voters before they can <br />reimburse themselves for compensation or expenses. Ohio law clearly says they can't <br />increase their pay in term but they can increase it for the next term. <br />Mr. Busa said they are only talking about $25 and it is not a positive expenditure; it is an <br />"if come or a maybe." <br />Mrs. Cinco said it is rather ironic; she has been downtown and not been able to make up <br />lost wages. She had asked Mr. Diemert how to address it; if in fact it would be included <br />as expenses. She does not have a receipt; child care would have a receipt. Big <br />difference. However, she interprets this as compensation so she is not in favor of it. <br />Mr. Busa said he hates to delay this ordinance; employees have been waiting for six <br />xnonths--let's get it done. <br />Mr. Flynn said he circulated tonight a proposed ordinance to repeal the hospitalization <br />for the Mayor. <br />Mayor Rinker said he is the first Mayor who does not take advantage of the <br />hospitalization. He does have the dental coverage. He thinks Mr. Flynn is totally <br />distorting the issue. He thinks he is taking it personally. He has no dispute with the <br />arguments that Council should be entitled to additional compensation but he does not <br />think by taking away from the Mayor--it is wrong. <br />Mrs. Leppla said the only thing she is uncomfortable with--this issue came up in March <br />and it was debated for about an hour before the vote. She was led to believe that <br />everybody was comfortable with it until she received word in her packet that it will <br />come up at a public meeting to debate it again. She is uncomfortable because there was <br />such a delay and everybody seemed to be in favor of the wage ordinance as it was. <br />Mayor Rinker said much of this discussion predates Mrs. Leppla's tenure on Council. <br />Mayor Rinker said he was not involved in that meeting; he was advised of it and <br />advised of the straw vote. On several occasions he has expressed the same opinion--