State ex rel. Durkin v. City Council of Youngstown

We initially note that this appeal is not concerned with the amount of salary to be paid to the appellee herself as that figure is fixed by statute and is not subject to the discretion of either appellee or council.1 Rather, the controversy centers around the amount of salary to be paid the deputy clerks.

R.C. 1901.31(H) provides for the compensation of deputy clerks as follows:

“Deputy clerks may be appointed by the clerk and shall receive the compensation, payable in semimonthly installments out of the city treasury, that the clerk may prescribe * * *.” (Emphasis added.)

Based upon this…