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Home My WebLink AboutOrdinance 4440 ORDINANCE NO. 4440 AN ORDINANCE TO REPEAL §31.45 (G) (1) OF THE CODE OF FAYETTEVILLE AND ADDING A REVISED §31 .45 (G) (1) IN ITS STEAD WHEREAS, on January 16, 2001, the City Council established by Resolution the starting salary of a newly appointed City Attorney at $65,000.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby repeals §31 .45 (G) (1) of the Code of Fayetteville and replaces it with a new §31 .45 (G) (1) as stated below: " §31 .45 (G) (1) Salary for a newly elected or appointed City Attorney is established at $65,000.00." PASSED and APPROVED this the 19th day of November, 2002. APPROVED: yc By: Aot-and�t .y y� DAN COODY, M r ATTT: By: Bather Woodruff, City Clo < NAME OF FILE: Ordinance No. 4440 CROSS REFERENCE: Item # Date Document 1 11/19/02 Ord. No. 4440 2 11/08/02 Staff Review Form w/attachments: memo to mayor/city council copy of 1/16/01 cc minutes copy of draft ordinance 3 12/09/02 memo to Kit Williams 4 01 /03/03 Affidavit of Publication NOTES: • 0 STAFF REVIEW FORM _X_ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW FOR: COUNCIL MEETING OF November 19, 2002 MAYOR'S APPROVAL FROM: Kit Williams Legal City Attorney Name Division Department ACTION REQUIRED An Ordinance to Repeal §31 .45 (G) (1) Of The Code Of Fayetteville and Adding a Revised §31.45 (G) (1) In Its Stead COST TO CITY: Cost of this Request Category/Project Budget Category/Project Name Account Number Funds Used to Date Program Name Project Number Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Acco 'n anag n Date Internal Auditor Date 02 iey Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: CROSS REFERENCE Division Head Date �/ Newltem: leS No Department Director Date Previous Ordinance/Resolution No.: Admiltr Live SeryDirecto Date Mayor Date FAYETTEVI LIE THE CITY OF FAYETTEVIEEE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY LEGAL DEPARTMENT DEPARTMENTAL CORRESPONDENCE TO: Dan Coody, Mayor City Council FROM : Kit Williams, City Attorney DATE: November 8, 2002 RE: Ordinance concerning City Attorney salary level As you remember, on January 16, 2002 prior to interviewing City Attorney applicants, the City Council set the beginning annual salary for the to-be-appointed City Attorney at $65 ,000.00. Alderman Reynolds had requested the City Council to consider $69,000.00 and Alderman Davis stated they wanted to leave it around $65 ,000.00, but with the option to negotiate depending upon the applicant' s experience. However, the beginning salary was set prior to the interviews at $65 ,000.00. (Attached are pages 21 and 22 of the minutes showing these discussions and the decision.) I believe your decision should be codified into the Fayetteville Code of Ordinances and made applicable to any newly appointed or elected City Attorney. Although my current salary is about $ 10,000.00 less than midpoint for the Average Market salary for a City Attorney according to the Hay Group study, I am happy to serve my hometown under the terms the City Council decided upon prior to my selection. I would like to thank the City Council and Mayor Coody for giving me the wonderful opportunity to serve Fayetteville. It is very rewarding personally to assist you where I can in your efforts to enhance and protect the quality of life for our citizens. City Council Minutes January 16, 2001 Page 21 information. However, he knew of no legal compunction or any bad thing that would happen to them if they did not. Alderman Reynolds stated he would like for them to consider the figure of $69,000 for a City Attorney. They had a municipal judge which worked part time that made $65,000. He thought an eight to five attorney would respectfully earn $69,000. Mr. Rose stated he started out at $50,000 per year. He thought that would a good job, coming from the Attorney General 's office. He had come in at the bottom twelve years ago. He only reminded them that the scale was there independently of him or anyone else. The scale had not been made up out of thin air. It went to other city's and determined what other cities were getting their City Attorney for. Alderman Santos stated this session was Council meeting chaired by the Mayor and not a Nominating Committee meeting. Mr. Rose replied it was a City Council meeting in executive session. Mr. Estes asked if it was a correct understanding that the salary for this interim position would be $65,000. Mayor Coody asked if they should determine a number before they went into executive session. Mr. Rose replied it was dealers choice. They were breaking new ground here. They needed to decide what they wanted to do. Alderman Davis stated they had indicated that they wanted to leave it around $65,000, then they could negotiate, depending on the experience they had. Alderman Santos moved to set the salary at $65,000. Alderman Thiel seconded the motion. Alderman Young asked Mr. Rose if he was topped out under the Hay Plan. Mr. Rose replied yes. He added the nice thing about the Hay Plan was that it was revised very two years. So ever two years he could move out from under that ceiling. Mayor Coody stated there was a motion to set the salary at $65,000. Upon roll call the motion passed by a vote of 5-3. Reynolds, Davis, Trumbo voting nay. ORDINANCE NO. AN ORDINANCE TO REPEAL §31 .45 (G) (1) OF THE CODE OF FAYETTEVILLE AND ADDING A REVISED §31 .45 (G) (1) IN ITS STEAD WHEREAS, on January 16, 2001, the City Council established by Resolution the starting salary of a newly appointed City Attorney at $65,000.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That the City Council of the City of Fayetteville, Arkansas hereby repeals §31 .45 (G) (1) of the Code of Fayetteville and replaces it with a new §31 .45 (G) (1) as stated below: " §31 .45 (G) (1) Salary for a newly elected or appointed City Attorney is established at $65,000.00." PASSED and APPROVED this the 19w day of November, 2002. APPROVED: By: T DA OODY, Mayor ATTEST: By: Heather Woodruff, City Clerk FAY ETTEVIL,E 40 THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Kit Williams From: Heather Woodruff, City Clerk Date: December 9, 2002 Attached is a copy of Ordinance No. 4440 repealing 31 .45 (G) ( 1 ) of the code of Fayetteville and adding a revised 31 .45 (G) (1) in its stead The original will be microfilmed and filed with the City Clerk. cc: Nancy Smith, Internal Auditor Michelle Bechhold NORTHAAST ARKANSAS SITION Aikatisas Demomt V05azette i M: CROS ELF ED ' '�Nt ' JAN 6 2002 ft OI�TVCFI ERICSSOOMC,, AFFIDAVIT OF PUBLICATION do solemnly swear that I am Legal Clerk of the Arkansas Democrat-Gazette newspaper, printed and published in Lowell , Arkansas, aAd that from my own personal knowledge and reference to the files of said publication , the advertisement of: was inserted in the regular editions on ** Publication Charge : $ Subscribed and sworn to before me this 3 day of 2GO2 . DD 3 CU J'nNotary Pu pltiCial Seal TAMMY ALLEN My ommlashe Lff W ASHINGT My COMMISS On Expires 11 -05 2011 ** Please do not pay from Affidavit. ORDINANCE No. 4440 An invoice will be sent. AN ORDINANCE TO REPEAL §31.45 IGI (1) GF THE CODE OF FAYETfE\4LIE AND ADDINGAREVISED §31.45 (G) (t) IN RS STEAD WHEREAS, on Jenuary 18, 2001. '•the CIH Caundl p rrin:.aNm�lllei establlshad hY Resdutlon NB starting aarpr`% of e.•neMy C*idf;Faftd appdnted Qty At11= et 586,000.00. NOW, THEREFORE, BE rr ORDAINED BY THE C(TY COUNCIL OF THE CITY OF FAYETTEV IL E, iARKANSAS: �'1l Secllan 1. That the Olty Councl of the CIN of Fa'e W'e Nkanses nareoy repeals §31.651G) (11 of the R EC F ` / r J Code of FayelteA0 and tepleoes k VAth a naw 431..4.5 (GI (1) W stateC haler+/: - •§31.45 (G) (1) SelarY f«a new* elected'w appointed CJty IAdp nay a esteNsned et $B5.00DA0.P J A N 0 6 1003 PASSED and APPROVED " fne 19M dW of Naysm .. 2002. WY OF F-n y =': APPROVED: CtTYC1H3}:f CY� ATTLST: BY Heathar Wcotlrub. CIN Clerk 212 NORTH EAST AVENUE P.O. BOX 1607 • FAYETfEVILLE, ARKANSAS 72702 9 (501 ) 442- 1700