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Council reviews legal opinion on holiday back pay and debates paying subpoenaed witness
Summary
Council reviewed an attorney opinion allowing three years of retroactive holiday pay (estimated at about $9,220 for the cited employee) and debated whether it is legal to pay a nurse subpoenaed as a witness in a settled city case, with the council asking for a motion and legal clarification before deciding.
The council took up unfinished business about holiday-pay backpay and a request from a city employee to be reimbursed for time spent as a subpoenaed witness in a court case.
On holiday pay, the city attorney provided an opinion allowing retroactive pay for up to three years based on court precedent; staff applied the suggested calculation and produced an estimate of roughly $9,220 for the employee identified in the discussion. Councilors asked staff to finalize calculations and noted the legal basis relied on a comparable court ruling.
Separately, Jamie Connolly (described in the meeting as a city nurse) had been subpoenaed as a witness in a settlement that was resolved before court; she is requesting $300 for attendance (her stated hourly rate was $37.50 for an eight-hour day). Council debated whether paying a subpoenaed witness in this circumstance is legal and where such a payment would come from in the budget. One councilor noted that witness payments in some cases are paid from specialized funds (for example, certain drug-fund processes) and that staff should confirm the legality and accounting source before taking action.
The chair advised that a formal motion would be required to authorize payment if the council chooses to proceed; staff and the city attorney will be consulted on whether the payment can be made and from which fund.
