posted January 7, 2008
City Councilman Jack Benson said the council will seek advice from City Attorney Randy Nelson on whether to proceed with legal action to seek salary reimbursement from former District 6 Councilperson Marti Rutherford.
"I think the entire counsel will be looking to Mr. Nelson for his recommendation on what would be the responsible approach," said Councilman Benson, whose legal and legislative committee is set to discuss the matter on Tuesday at 3 p.m.
A legal opinion from the state attorney general's office just before Christmas said the City Council could seek to recover salary paid Ms. Rutherford during the last term for which she was declared ineligible.
Mr. Nelson earlier said Ms. Rutherford was occupying the post "de facto" and that votes she had taken were valid.
He has not given an opinion related to the reimbursement issue. Ms. Rutherford was paid some $50,000 during the affected time period.
Councilman Benson said the council may be advised that it would cost more money to go after the reimbursement than it would bring in.
He said, "To me that's not a justifiable argument. What kind of message would you be sending about following the law on living in the district you are supposed to be representing?
Ms. Rutherford resigned in early October following a flap about whether she was a valid resident of District 6.
The attorney general opinion said a person who knowingly violates the residency law commits a Class D felony. It said the only sanction was ouster or removal from office.
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