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by the mayor. Each of such departments shall have power to designate and appoint, and at pleasure remove, any person in such department as deputy or first assistant. Each department may also appoint and remove any of its clerks, assistants or employes, subject to any rule or regulation adopted pursuant to section eighty, clause ten, of this act, and, unless otherwise established by ordinance, may fix their salaries: Provided, That after the expiration of thirty days from the time when a new officer or officers shall have been appointed to the head of a department, he or they may remove clerks or assistants only upon filing in writing with the city clerk the reasons for any such removal; except that foremen, inspectors, and laborers temporarily employed under the department of public works, may be removed at any time at the pleasure of the department. All officers shall give bond as required by ordinance, except when otherwise provided herein.

3507. Appointees-Qualifications-Fees.-83. No person shall be appointed as the head of any department, or as a member of any board herein provided for, unless he shall have been a resident and elector of such city for one year immediately prior thereto. No person who is paid a salary for his services from the city treasury shall receive to or for his own use, directly or indirectly, any fees, perquisites of office, commissions, percentages, or money paid to him in his official capacity, unless specifically authorized in this act; but all fees, perquisites, commissions, percentages, and moneys so paid and received by or for any such officer or person shall be the property of the city, and shall be paid by him into the city treasury; and all moneys received for licenses or permits shall be paid into the treasury weekly without deduction by the officer or department receiving them; and every such officer or person who shall receive any fees, perquisites, percentages, or other moneys which belong to the city, and should be so paid into its treasury, shall, before he shall be entitled to receive or be paid his salary, make, under oath, a detailed statement and return to the city controller, in such form as such controller may prescribe, showing the amount of all such moneys received by him since the last preceding statement and return, and shall produce a receipt showing the payment of such sum to the treasurer. The controller shall require any such officer or person to make such statement and return to him, if it be not made as herein provided, and shall examine such officer or person under oath touching the matter herein provided for.

3508. Expenditures-Estimates.-84. It shall be the duty of each executive department before the commencement of each fiscal year, to submit to the joint meeting of the heads of the departments and of the various boards, hereinbefore provided for in section eighty, clause ten, an estimate of the amount of money required for their respective departments for the ensuing fiscal year, stating with as great particularity as possible each item thereof. The controller shall at the same time submit an itemized statement or estimate of city expenditures for other purposes, for the ensuing year, over and above the moneys proposed to be used by the various executive departments. After such meeting, and

reports and consultation, the city controller shall proceed to revise such estimates for the ensuing year, and shall then prepare a report to the mayor of the various estimated amounts required, in such controller's opinion, for each executive department, and for other city expenses, together with an estimate of the necessary per cent. of taxes to be levied. The mayor shall at the next meeting of the common council present such report with such recommendations as he may see fit. It shall be the duty of the committee of finance of the common council thereupon to prepare an ordinance fixing the rate of taxation for the ensuing year, and also an ordinance making appropriations by items for the use of the various executive departments and other city purposes for the ensuing year. Such ordinance may reduce any estimated item for any executive department, from the figure submitted in the report of the city controller, but shall not increase the same unless recommended by the mayor. Such appropriation ordinance shall thereafter be promptly acted upon by the common council. If at any time after the passage of such ordinance an emergency should arise for further appropriations for the use of any department, on the representation of such department, as hereinbefore provided, or for other purposes during the year, such additional appropriations may be made on the recommendation of the controller, by a two-thirds vote of the council.

3509. Contracts and agreements-When void. 85. No executive department, officer or employe thereof shall have power to bind such city to any contract or agreement, or in any other way, to any extent beyond the amount of money at the time already appropriated by ordinance for the purposes of such department; and all contracts and agreements, express or implied, and all obligations of any and every sort, beyond such existing appropriations, are declared to be absolutely void: Provided, That the board of public works shall have power to contract with any individual or corporation for lighting the streets, alleys and other public places or for supplying the city with gas, water, steam, power, heat, or electricity, and for the collection, removal and disposal of garbage, ashes or refuse, on such terms and for such times, not exceeding the term fixed by section two hundred and fifty-four of this act, as may be agreed upon; but any such contract shall be submitted to the common council of such city and approved by ordinance before the same shall take effect, and if so approved shall immediately become effective: Provided, further, That nothing herein contained shall prevent any such department from issuing any bond or other obligation expressly authorized by this act and provided for by ordinance.

See note to section 3822, Burns' R. S. 1901.

3510. Warrants, excess of appropriations, penalty.-86. Any city official who shall issue any bond, certificate or warrant for the payment of money, which shall purport to be an obligation of such city, and be beyond the unexpended balance of any appropriation made for such purpose, or who shall attempt to bind such city by any contract or agreement, or in any other way, to any extent beyond the amount of money

at the time already appropriated by ordinance for such purpose, and remaining at the time unexpended except as in the last preceding section provided, shall be liable on his official bond to any person injured thereby, and shall be fined not more than one thousand dollars, and imprisoned in the county jail not more than six months, either, or both.

DEPARTMENT OF FINANCE.

3511. City Controller

Appointment - Salary.-87. The city controller shall be at the head of the department of finance, and shall have an appropriate seal. He shall be appointed by the mayor. His salary, in cities of the first and second classes, shall be two thousand dollars a year, which may be increased by ordinance to a sum not exceeding three thousand dollars a year; in cities of the third class, fifteen hundred dollars a year, which may be increased by ordinance to a sum not exceeding two thousand dollars a year; and, in cities of the fourth class, a salary to be fixed by ordinance, not to exceed twelve hundred dollars a year.

3512. Powers and duties.-88. It shall be the duty of the controller: First. To prescribe the form of reports and accounts to be rendered to his department, and to have the inspection and revision of the accounts of all other departments and trust.

Second. To audit the accounts of the several departments and trusts, and all other accounts in which the city is concerned, and submit annually to the council at the end of each fiscal year a report of the accounts of the city, under his oath, exhibiting the revenues, receipts and expenditures, and the sources from which the revenues and funds are derived; which report shall be published in pamphlet form.

Third. To keep separate accounts for each specific item of appropriation made by the council to each department, and require all warrants to state specifically against which of such items the warrant is drawn. Each account shall be accompanied by a statement in detail in separate columns of the several appropriations, the amount drawn on each appropriation, the unpaid contracts charged against it, and the balance standing to the credit of the same. He shall not suffer any appropriation to be overdrawn or the appropriation for one item of expense to be drawn upon for any other purpose, or by any department other than that for which the appropriation was specifically made, except on transfers authorized by ordinances. He shall sign and issue all orders for money upon the city treasury, and no money shall be paid out by the treasurer except upon such order. In case of stated salaries fixed by law or ordinance, the controller shall issue orders therefor, but in all other cases he shall require a warrant to be presented to him from the head of the department under whose supervision the obligation has been incurred, or, if not so incurred, then such warrant shall be drawn by the mayor. In no case shall the controller draw an order on the treasury unless there be at the time money in the treasury properly applicable to the payment thereof. The expenditures incurred by the

controller himself must be approved in writing by the mayor before any order is drawn therefor.

Fourth. To have charge of all books or papers pertaining to his department or entrusted to it, and to turn the same over to his successor. Fifth. If any warrant presented to the controller contains an item for which no appropriation has been made, or there shall not be a sufficient balance of the proper fund for the payment thereof, or which for any other cause should not be approved, he shall not approve the same, and shall notify the proper department of the facts. And if the controller shall approve any warrant contrary to the provisions hereof, he shall be individually liable for the amount of the same to the holder thereof; and, to the extent of his bond, his sureties shall also be liable. Whenever a warrant shall be presented to him, he shall have power to require evidence that the amount claimed is justly due, and for that purpose may summon before him any officer, agent or employe of any department of the city, or any other person, and examine him upon oath relative to such warrant or claim. Such person so summoned shall be subject to the provisions of this act touching the examination of persons by the council, such controller having the same power as such body in relation to such examination.

Sixth. To perform the duties elsewhere defined by this act with regard to the negotiation and sale of city securities, and to keep a register of all bonds of the city and of the transfers thereof, when so provided in any such bond, and an account of all outstanding securities. Seventh. To manage and direct the finances and accounts of the city and to make investments of city funds, subject to the ordinances of the common council.

Eighth. To issue all city licenses, upon the presentation and surrender of the receipt of the treasurer showing the payment of the license fee, and to collect controller's fees as fixed by ordinance.

Ninth. To pay, once each week, to the treasurer all fees and other amounts collected by his department for the preceding week, specifying the source from which each item has been derived.

Tenth. To prescribe the forms and methods of keeping and rendering all city accounts, the form of accounts and pay-rolls to be used in the several departments and offices, the manner in which salaries shall be drawn and the mode by which creditors, officers and employes shall be paid. All salaries shall be payable monthly.

Eleventh. To furnish the treasurer statements of all appropriations made by the council before any warrant shall be drawn on account of the same, and to notify the mayor in case of any neglect or failure on the part of any officer or officers authorized to collect any moneys for or on account of the city, in the performance of such duty or in depositing their collections in the treasury; and thereupon the mayor shall suspend such officer or officers, and proceed against them by an action upon their official bond or otherwise, as he may deem best. Twelfth. To examine carefully tax duplicates in the hands of the county auditor and county treasurer and see that they are properly

made out, so far as the same relate to city taxes, and to see that the assessment of property is properly made out by the assessor, so far as the same relates to city taxes, and to notify the treasurer of any omitted property that may come to his knowledge.

Thirteenth. To examine the accounts of the treasurer and make an annual settlement with him, charging to such treasurer the amount of all taxes and other assessments, entered on the duplicate, in favor of such city, together with all penalties, interest and other sums in addition to the amount of such taxes, which it may be the duty, according to law, of such treasurer to collect in behalf of the city, and to credit him with all disbursements made on account of lawful orders drawn on him by such controller.

Fourteenth. To draw orders on the treasury for miscellaneous city expenditures, not made under the direction of any executive department, nor specifically fixed by law as in the case of salaries: Provided, That no such order shall be drawn by such controller unless the money properly applicable thereto has been appropriated by ordinance and remains unexpended; and no liability shall accrue against such city, nor can any officer, agent or employe of such city bind the same directly or indirectly for any such miscellaneous expense without the written approval of the controller previously obtained and filed in the controller's office, nor in any case beyond the appropriation already made and remaining unexpended available for such purposes. All obligations in contravention of the preceding provision are declared to be void for all purposes.

3513. Deputy controller-Appointment-Salary.-89. In cities of the first class, the controller may appoint a deputy, for whose acts he shall be responsible, having an annual salary of one thousand dollars, which may be increased by ordinance to a sum not exceeding twelve hundred dollars. In cities of the second and third classes, the common council may provide by ordinance for the appointment by the controller of a deputy for whose acts he shall be responsible, having an annual salary of eight hundred dollars, which may be increased by ordinance to a sum not exceeding one thousand dollars. The controller and his deputy are hereby authorized and empowered to administer oaths in all matters relating to his office, for which no charge shall be made.

DEPARTMENT OF LAW.

3514. City attorney, powers and duties, salary.-90. The head of the department of law in every city shall be the attorney and counsel of such city. He shall be appointed by the mayor, shall hold office as hereinbefore provided, and give bond with surety in the sum of five thousand dollars, to be approved by the mayor, except that in cities of the fifth class the city attorney shall be appointed by the common council. He shall have the management, charge and control of the law business of such city and for each branch of its government, shall prosecute all violators of city ordinances, shall be the legal adviser of all its depart

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