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Home My WebLink About2005-12-27 - Agendas - Final Aldermen Mayor Dan Coody Ward I Position I - Robert Reynolds Ward 1 Position 2 - Brenda 'I'hiel Ward 2 Position I - Kyle B. Cook City Attorney Kit Williams Ward 2 Position 2 - Don Marr City Clerk Sondra Smith Ward 3 Position I - Robert K. Rhoads ayve e i le Ward 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position I - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda Special City Council Meeting December 27, 2005 A Special meeting of the Fayetteville City Council will be held on December 27, 2005 at 6:00 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. New Business: 1 . DOL Supervised Settlement: A resolution to approve the Department of Labor Supervised Settlement for all employee groups (except firefighters) and to approve a budget adjustment of $ 150,000.00 to pay for settlement checks. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 258-05. Meeting adjourned at 6:25 p.m. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) accessfayetteville.org City Council Meeling December 27005 02d "` to asr J Subject: Motion To: Motion By: Seconded: Cook Marr Rhoads Ferrell Lucas Jordan i✓ Reynolds ✓ Thiel Mayor Coody Subject: �j L Motion To: Motion By: Seconded: & � Cook A , Marr I "r Rhoads k�e Ferrell kool� n Lucas Jourdan I/ Reynolds Thiel Mayor Coody Aldermen Ward I Position I - Robert Reynolds Mayor Dan Coody Ward I Position 2 - Brenda Thiel Ward 2 Position I - Kyle B. Cook City Attorney Kit Williams Ward 2 Position 2 - Don Marr Cit Clerk Sondra Smith /T Ward 3 Position I - Robert K. Rhoads Y Tayve ` Ward 3 Position 2 — Robert Ferrell ARKANSAS Ward 4 Position 1 - Shirley Lucas Ward 4 Position 2 - Lioneld Jordan Final Agenda Special City Council Meeting December 27, 2005 A Special meeting of the Fayetteville City Council will be held on December 27, 2005 at 6:00 PM in Froom 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. Call to Order Roll Call Pledge of Allegiance A. New Business : 1 . DOL Supervised Settlement: A resolution to approve the Department of Labor Supervised Settlement for all employee groups (except firefighters) and to approve a budget adjustment of $ 150,000.00 to pay for settlement checks. 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax) acccssfaycucvi I I e.org City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 12/27/2005 Special City Council Meeting City Council Meeting Date Michele Bechhold Human Resources Finance & Internal Services Submitted By Division Department Action Required: Approve the Department of Labor Supervised Settlement and authorize Staff to execute budget adjustments as may be necessary to process the settlement checks within the 2005 calendar year. Not to exceed $150,000.00 $ Cost of this; request Category / Project Budget Program Category / Project Name Various $ Account Number Funds Used to Date Program / Project Category Name $ Various Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or ResolutionkA & # epart nt Director p / Zate S Original Contract Date: N /OyJ� Original Contract Number: City Affi6mey Date Received in City Clerk's Office S 2 finance and lnterndir`ServiolWbirector Date Received in Mayor's Office i Ma or Date Comments: City of Fayetteville, Arkansas Budget Adjustment Form Budget Year Department: General Government Date Requested Adjustment Number 2005 Division: Miscellaneous 12/22/2005 Program: Miscellaneous Project or Item Requested: _ Project or Item Deleted: $141 ,215 is being requested in the Settlements Account. None. $141 ,215 is being requested from the use of fund balance. Justification of this Increase: Justification of this Decrease: This amount is for the Department of Labor settlement Sufficient funds remain to comply with City policies. for the Police portion. Increase Budget (Decrease Revenue) Account Name Account Number Amount Project Number Settlements 1010 6600 5311 09 1419215 Decrease Budget (Increase Revenue) Account Name Account Number Amount Project Number Use of fund balance 1010 0001 4999 99 141 ,215 Approval Signatures Budget Office Use Only Type: A B C E uest d B r Date 17 = Z 2 'Of Date of Approval Budget Manager - Date - Initial Date Posted to General�Ledger Department Director Date - Initial Date . Posted to Project Accounting Finance & Internal Services Director Date Initial Date Entered in Category Log Mayor Date Initial Date Tayre vi le ARKANSAS Special City Council Meeting of Dec. 27, 2005 CITY COUNCIL AGENDA MEMO TO: Mayor Dan Coody and the City Council THRU: Stephen Davis, Finance & Internal Services Director FROM: Michele Bechhold, Human Resources Director7 DATE: December 21 , 2005 SUBJECT: Department of Labor Supervised Settlement Recommendation Staff recommends approval of the Department of Labor Supervised Settlement. Staff is also seeking approval to execute any budget adjustments that are necessary to fund the required settlement checks within this calendar year. Discussion Disbursement of the required settlement checks will complete the Department of Labor (DOL) supervised settlement process that the City began at the end of March 2005. The settlement and the methodology used to calculate the checks has received approval from local DOL representatives and from the DOL Solicitor's Office in Dallas, Texas. The City's timekeeping and pay practices are in full compliance with all applicable FLSA regulations. At the end of January, Staff will provide a report to Council outlining the issues and resolutions that have resulted from the supervised settlement process. Budget Impact The chart below summarizes the estimated cost of the settlement checks by fund. Staff will provide the actual cost by fund to Council on 12-27-05 after the checks have been calculated through the payroll system. FUND FUNDING SOURCE ESTIMATED COST OF CHECKS 1010 General Fund $141 ,215.00 2100 Street $1 ,050.00 2250 Parks Development $10.00 2930 Drug Grant $2,500.00 5400 Water Sewer $4,500.00 5500 Solid Waste $350.00 9700 Shop $375.00 Staff is available to answer any questions you may have. RESOLUTION NO. A RESOLUTION TO APPROVE THE DEPARTMENT OF LABOR SUPERVISED SETTLEMENT FOR ALL EMPLOYEE GROUPS (EXCEPT FIREFIGHTERS) AND TO APPROVE A BUDGET ADJUSTMENT OF $150,000.00 TO PAY FOR THE SETTLEMENT CHECKS WHEREAS, the City of Fayetteville asked the Department of Labor to review all of the City's pay practices and conduct a Supervised Settlement for any pay practices that might not have complied with the Fair Labor Standards Act; and WHEREAS, numerous firefighters sought judicial relief rather than this voluntary Supervised Settlement by the Department of Labor and have already resolved their case amiably by settlement with the City which was accepted by the Federal District Court; and WHEREAS, the Department of Labor privately interviewed employees from every City division (except the firefighters) and carefully reviewed every aspect of the City's payroll system; and WHEREAS, the vast majority of payroll procedures were in complete compliance with all federal statutory requirements, but a few minor discrepancies were discovered and have now been brought into compliance; and WHEREAS, the employees who suffered payroll discrepancies should be compensated for the two years' worth of those discrepancies which is reflected in the report and Supervised Settlement of the Department of Labor. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l : That the City Council of the City of Fayetteville, Arkansas hereby approves the Department of Labor Supervised Settlement and authorizes Mayor Coody to execute any document necessary to accept, enforce or satisfy this Supervised Settlement. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment in the amount of $150,000.00 to pay for this Supervised Settlement. PASSED and APPROVED this 3 d day of January, 2006. APPROVED: By: DAN COODY, Mayor ATTEST: By: SONDRA SMITH, City Clerk ftmft 17a)re e le ARKANSAS CITY COUNCIL INFORMATIONAL MEMO TO: Mayor Dan Coody and the City Council THRU: Stephen Davis, Finance & Internal Services Director FROM: Michele Bechhold, Human Resources Directorixb DATE: January 4, 2006 SUBJECT: Department of Labor Supervised Settlement — Actual Cost by Fund The chart below duplicates the chart provided to Council for the December 27, 2005 Special City Council Meeting and has been updated to reflect the actual cost of the settlement checks. FUND FUNDING SOURCE ESTIMATED COST OF ACTUAL COST OF CHECKS CHECKS 1010 General Fund $141 ,215.00 $130,879.72 2100 Street $ 1 ,050.00 $1 ,023.09 2250 Parks Development $10.00 $9.24 2930 Drug Grant $2,500.00 $2,348.61 5400 Water Sewer $4,500.00 $4,444.82 5500 Solid Waste $350.00 $308.86 9700 Shop $375.00 $353.41 Staff requested Council approval up to $150,000 to fund this settlement. Actual cost for the settlement is $ 139,367.75. Staff is available to answer any questions you may have. i I .ArkansloDemocrat _ i0azette EDITIONNORTHWEST ARKANSAS wordti vest Arksuuasl most Widely Read NeivsPg4WIf AFFIDAVIT OF PUBLICATION I , Erin Emisdo solemnly swear that I am the Legal Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and -published .in Lowell, Arkansas, and that .fro.m .my own personal .knowledge and reference to the files of said publication , that advertisement of: l:l ' Q _was inserted in the regular editions on kA� Po [)nL)03 PO# ** Publication Charge : $ LrJ� Subscribed and sworn to b re me this � I`r day of I�Q 005 . .Notary Public Sharlene D. Williams Notary Public My Commission Expires: State of Arkansas — my commission Expires October 18, 2014 ** Please do not pay from Affidavit. - - - - - -- FINAL AOeNDA - An Invoice will be sent. SPECIAL CM COUP Aleeml0 OCOBMBeF 27, IIU06 Tay evl le A Special meeting of the Fayett M Gty Coorud vAA be hod on DecemW 27, 2005 at 6:00 PIA n Room 219 ofthe DIry AdmVilvaeRon &dtl'ug lacatetl at 113 ARKANSAS �• West Mwntain Street Fa,etteWe, Arkansas. call m Ord" eoll cell Pledge e1 Allegtm A. New BmlN l 1. DOL Supervl"d Beth n A msaWlian to Nrprv+a the Depar baht of labor StperNsatl Settlement far e• ernpaee @omos (excact firefighters) ano to approve a butlget e0psiment of $150,Ot10A0 to pay for settlernent checks. P.O. BOX 1607 • 212 N. EAST AVENUE • FAYETTEVILLE, ARKANSAS 72701 • 479.571 -6470 dft FAYETTEVILE THE CITY OF FAYERFVILIE. ARKANSAS KTT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT TO: Dan Coody, Mayor THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney DATE : December 28, 2005 RE: Passed Resolutions from Special City Council meeting of December 27, 2005 1 . Approval of Dept. of Labor Supervised Settlement: Resolution approving Department of Labor Supervised Settlement for all Employee Groups (excerpt Firefighters) and approving a budget adjustment of $ 150,000.00 to pay for the settlement checks.