Q Will paying municipal employees for “on-call” duty, which essentially amounts to restricting those individuals from going out of town on personal business, result in an unlawful donation?

A A municipal employee may only be paid for hours that he has actually worked in the performance of his official duties. Compensation for hours not actually worked would result in an unlawful donation. However, the question of whether a municipal employee is actually working is one to be made by the municipality itself, so, provided that the municipality determines that an employee is actually working while “on-call,” it may compensate the employee for such “on-call” work. Naturally, the municipality, within its discretion, may establish different rates of pay for different kinds of work. (Attorney General’s Opinion to Pope, September 14, 2018)