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HomeMy WebLinkAboutOrdinance 5212 ORDINANCE NO. 5212 AN ORDINANCE TO AMEND CHAPTER 31 CITY OFFICIALS TO CODIFY THE POLICY THAT A FULL TIME ELECTED OFFICIAL SHALL DESIGNATE AT THE BEGINNING OF THE TERM OF OFFICE WHETHER OR NOT TO BE TREATED AS AN ORDINARY CITY EMPLOYEE FOR VACATION AND SICK LEAVE PURPOSES. WHEREAS, unless an elected official agrees to abide by all the rules of normal city employees for vacation and sick leave accrual and use, the elected official would not be bound by those rules and could take vacation time or sick leave at the official ' s sole discretion and without any effect upon the official's compensation during the term of office; and WHEREAS, an elected official should have the option, but cannot be required, to elect to be treated as any ordinary city employee for vacation and sick leave purposes; and WHEREAS, the elected official's election should be required to be made at the beginning of such elected official' s entry into office and should be irrevocable during such term of office. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 31 : City Officials by enacting a new §31 .31 Full Time Elected City Officials to Elect Whether To Be Treated As Normal City Employees For Vacation And Sick Leave Purposes as shown below: "31 .31 Full Time Elected City Officials To Elect Whether To Be Treated As Normal City Employees For Vacation And Sick Leave Purposes Page 2 Ord. 5212 "A. Irrevocable Election During First Month Of Term Of Office "During the first month of a newly elected mayor' s, city clerk' s or city attorney's term of office, said official shall make an irrevocable election in writing to the Human Resources Division whether to be treated as a normal, non-elected city employee for purposes of vacation and sick leave accumulation and use. If the newly elected official fails to make a specific election within the first month of his or her term of office, the official shall be deemed to have opted not to be treated as a normal city employee for vacation and sick leave purposes. `B. City pay and benefits controlled by irrevocable election. "Subject to federal employment law requirements, if the elected official opts to be treated as a normal city employee, then the salary and benefits of the elected official shall be controlled by the official's irrevocable election such that if such elected official takes more vacation or sick leave than such official has earned, the amount of vacation or sick leave above the accrued amount shall be unpaid leave." S PASSED and APPROVED this 20`h day of January, 2009. Ev A 'c ; FAYETI-EVILLE ; APPROVED ATTEST: B By: &ltG� NELD AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer RECEIVED FEB 0 2 2009 CITy OF CIIY CLERKS OFFICE E ORDINANCE NO. 6474 AN ORDINANCE TO AMEND CHAPTER 31 CITY TIME TO CODIFY THE POLICY THAT A FULLTayeTIME ELELE CTED OFFICIAL SHALL DESIGNATE ATTHE BEGINNING OF THE TERM OFOFFICE WHETHER OR NOT TO BE TREATED AS AN ORDI- NARYCITYEMPLOYEEFORVACATIONANDSICK ARKANSAS LEAVE PURPOSES. WHEREAS, unless an elected off iclal agrees to abide by all the rules of normal city employees for vacation and sick leave accrual and use, the elected official would not be bound by those rules and could take vacation time or sick leave at the official's sole discretion and without any effect upon the ofliciela compensation during the lens of office: and WHEREAS, an elected official should have the option, but cannot be required, to elect to be treat- ed as any ordinary city employee for vacation and sick leave purposes: and WHEREAS, the elected officialTs eocllon should be required to t>e made at the beginning of such ' elected official's entry into office and should be irrevocable during such term of office. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF d9 FAYETTEVILLE, ARKANSAS: Section 1: That the City Council a the Cry of Fayetteville, Arkansas hereby amends Chapter 31: City Officials by enacting a new §31.31 Full Time Elected City Officials to Elect Whether To Be Treated AS Normal City Employees For Vaceticn And Sick Leave Purposes as shown below: '31.31 Full Time Elected City OBiclals To Elect Whether To Be Treated As Normal City Employees For Vacation And Sick Leave Purposes 'A. Irrevocable Election During First Month Of Term Of Office 'During the first month of a newly elected mayor's, city cork's or city attorney a term of office, said official shall make an irrevocable election in wailing to the Human Resources Oivi on whether to be treated as a normal, nomelecled city employee for purposes of vacation and sok Wave accumula- tion aro use. If the newly elected official fails to make a specific election within the first month of his a nor term of once, the official shall be deemed to have opted not to be treated as a normal city employee for vacation and sick leave purposes. 'B City pay and benefits controlled by irrevocable election. v e er r me k, f mal city to federal employment lawnd b ramen the elected teo iciial s opts to be treated as the city employee, then the salary and benefits of the ficial to official shall be controlled le the toffhan 1 doth Irrevocable election such that if such elected official takes above t vacation or sick leave ll be I such official hes earned, the amount of vacation or sick leave shwa the accrued amount shall be 1 unpaid leave.' PASSED and APPROVED this 20th day of January, 2009. l APPROVED: ATTEST: Byr. By: L10NELD JORDAN, Mayor fONOM� SMITH, City Cbrt/MMrjlnr AGENDA REQUEST 5a � � My FOR: COUNCIL MEETING OF JANUARY 20, 2009 FROM: KIT WILLIAMS, Fayetteville City Attorney ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend Chapter 31 City Officials To Codify The Policy That A Full Time Elected Official Shall Designate At The Beginning Of The Term Of Office Whether Or Not To Be Treated As An Ordinary City Employee For Vacation And Sick Leave Purposes APPROVED FOR AGENDA: Kit Williams Date LZcZ-Dcf City Attorney Pml Missy L ar Date Human esources Division Manager 4ayor d Jorda at r FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Lioneld Jordan, Mayor City Council CC : Missy Leflar, Human Resources Division Manager FROM : Kit Williams, City Attorney DATE: January 2, 2009 RE : City Officials treated as ordinary city employees When I was appointed City Attorney in early 2001 , Human Resources Director Don Bailey asked if I wanted to be treated exactly as a normal city employee for vacation and sick leave purposes. Don made it clear that I could opt out and would not have to report hours or days worked . I could take vacations as I desired and would not lose any pay if I had an early extended period of sickness or disability. As an elected official, there was no boss to tell me when to work or how much time to take off. I chose to be treated like an ordinary city employee which meant no vacation for at least the first six months and after that only as much as the leave I had accumulated like any other employee. However, I felt much more comfortable .. taking no special privileges and being treated just like the employees I supervised. I believe my predecessor made this same election, as has City Clerk Sondra Smith. I do not know whether Mayor Coody chose this option. Human Resources Manager Missy Leflar suggested we place this election in the City Code. I agreed and drafted a possible code section which requires an irrevocable election one way or the other by the elected official during the first month in office. I made this an irrevocable election by the newly elected city official to prevent any "gaming of the system" in which a city official could change back and forth depending of what was more beneficial during different periods of his or her term of office. I believe that an elected official should either be permanently in the regular employee system (with its benefits and drawbacks) or permanently out of it. If the City Council does not believe this should be an irrevocable choice by a newly elected official, I could change the ordinance to allow more frequent options to change from the employee regulated system to the unregulated elected official system and vice versa. As an elected official , I would be uncomfortable with a system that allowed elected officials such discretion . ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 31 CITY OFFICIALS TO CODIFY THE POLICY THAT A FULL TIME ELECTED OFFICIAL SHALL DESIGNATE AT THE BEGINNING OF THE TERM OF OFFICE WHETHER OR NOT TO BE TREATED AS AN ORDINARY CITY EMPLOYEE FOR VACATION AND SICK LEAVE PURPOSES WHEREAS, unless an elected official agrees to abide by all the rules of normal city employees for vacation and sick leave accrual and use, the elected official would not be bound by those rules and could take vacation time or sick leave at the official ' s sole discretion and without any effect upon the official 's compensation during the term of office; and WHEREAS, an elected official should have the option, but cannot be required, to elect to be treated as any ordinary city employee for vacation and sick leave purposes; and WHEREAS, the elected official 's election should be required to be made at the beginning of such elected official ' s entry into office and should be irrevocable during such teen of office. 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 amends Chapter 31 : City Officials by enacting anew §31 .31 Full Time Elected City Officials to Elect Whether To Be Treated As Normal City Employees For Vacation And Sick Leave Purposes as shown below: "31 .31 Full Time Elected City Officials To Elect Whether To Be Treated As Normal City Employees For Vacation And Sick Leave Purposes "A. Irrevocable Election During First Month Of Term Of Of "During the first month of a newly elected mayor' s, city clerk' s or city attorney' s term of office, said official shall make an irrevocable election in writing to the Human Resources Division whether to be treated as a normal, non-elected city employee for purposes of vacation and sick leave accumulation and use. If the newly elected official fails to make a specific election within the first month of his or her term of office, the official shall be deemed to have opted not to be treated as a normal city employee for vacation and sick leave purposes. `B. City pay and benefits controlled by irrevocable election. "Subject to federal employment law requirements , if the elected official opts to be treated as a normal city employee, then the salary and benefits of the elected official shall be controlled by the official ' s irrevocable election such that if such elected official takes more vacation or sick leave than such official has earned, the amount of vacation or sick leave above the accrued amount shall be unpaid leave." PASSED and APPROVED this 20`h day of January, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Page 1 of 1 Clarice Pearman - Ord. 5212, 5214 & 5215 From: Clarice Pearman To: Williams, Kit Date: 1 .23.09 3:06 PM Subject: Ord. 5212, 5214 & 5215 CC: Audit; Langehennig, Sherrie Attachments: Audit; Langehennig, Sherrie Kit: Attached are copies of the following ordinances: 1 . 5212 regarding the vacation & sick leave of elected city officials 2. 5214 regarding the compensation freeze for elected city officials 3. 5215 amending 166.03 and 166.05 of the UDC If there is anything else needed for these items please let me know. Have a good weekend. Thanks. Clarice Clarice Buffalohead-Pearman, CMC, CAMC City Clerk/Treasurer Division 479-575-8309 cpearman@ci.fayetteville.ar.us file:HC :\Documents%20and%20Settings\cpearman.000\Local%2OSettings\Temp\XPgrpwise\4979DDOAF ... 1 .23 .09 RECEIVED e .,''^„�. �} {},� APR 0 7 2009 AYkawas Democrat (1iazew CITY OF WTTEVILLE CIiY CLERKS OFFICE Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE : 479-571 -6421 AFFIDAVIT OF PUBLICATION I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas Democrat Gazette newspaper. Printed and published in Benton County Arkansas, (Lowell) and that from my own personal knowledge and reference to the files of said publication , the advertisement of: City of Fayetteville — Ordinance 5212 January 27, 2009 Publication Charge : $ 102 .22 Signed: _ Subscribed and sworn to before me This 3 day of aAA: Qt 2009 . Notary Public _Snt (/ My Commission Expires: `-�Ylatty c�Lo �2, Do not pay from Affidavit, an invoice will be sent ASHAmoo. GON1M. W ��QSARy' •'•: us ro?.