01-1173 Gold v. City of Adams

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“In order to interpret the statute as Gold requests us to do, we would have to rewrite the statute as: ‘Such salaries when so fixed may be increased but no part may be decreased by the council without a previous recommendation of the board.’ While we understand Gold’s concerns, we are not free to re-write the statutes. That task belongs to the legislature….

“All the payments at issue here are cash payments, making them all fungible components of Gold’s salary. Therefore, Gold could make a mortgage payment or purchase tickets for a ball game just as easily with the cash he received from his base salary as he could with the cash he received from a longevity bonus. Accordingly, reducing the cash payments of one component while increasing them in another could not compromise Gold’s independence of as a member of the police department through financial pressure. Decreases would run contrary to the purpose of the statute only if Gold had less total cash to cover his expenses and discretionary spending choices.”

Judgment affirmed.

Recommended for publication in the official reports.

Dist IV, Adams County, Polivka, J., Roggensack, J.

Attorneys:

For Appellant: Thomas M. Croke, Adams

For Respondent: Alyson K. Zierdt, Oshkosh