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HomeMy WebLinkAbout1956-04-17 Minutes98- H April 17, 1956 Upon call of its President, Mayor Roy A. Scutt, a meeting of the Board of Trustees of the Firemau'.-� Relief h Pension Fund was held in the office of the President, Mayor R•r)y A. Scott, Tuesday, April 17, 1956, for the purpose of considering the retirement of Captain Lee Skelton of the Fayetteville Fire Department for a service connected physical disability. Fire Chief Burl Skelton presented the reports of Preston L. Hathcock, M.D. , Coy C. Kaylor, M. D. , and record of the minutes of the business meeting of the Fayetteville Fire Department dated April 5. 1956, which were read in full and duly filed. A tuotion was made by Ellis Poore, seconded by Arthur Caselman, that said instruments be received and spread upon the record. The m,)tion carried unanimously and said instruments are set forth herein in words and figures as follows: I saw Mr. Lee Skelton of Fayetteville, Arkansas, on 4-11-56, At that time he complained )f some weakness in his right leg with a tendency to tire and an inability • to run and control the leg perfectly. It is our opinion that he is disabled at this time for any active work such as Fireman and we have informed him of this. /s/ Preston L. Hathcock, M. Do' I have recently examined Mr. Lee Skelton, an employee of the City of Fayetteville Fire Departmen, and find that as the result of the injury which he sustained in an accident while on duty April 24. 1955, that he has resulting disability of 25 percent to the right lower extremity. The amount of disability prevents him from adequately performing his duties as an able bodied fireman should do. He canna climb ladders, climb stairs or do other duties assigned to him with the co-ordination and agility demanded of one in his type if work. It becomes a handicap to other firemen working with him as well as to himself and a constant hazard to those who might be dependent upon him in being rescued from burning buildings. ' It, therefore, becomes a risk to the City of Fayetteville, and I, therefore, cannot take the responsibility -)f recommending ' him for further duty as a fireman and recommend that he be pensioned. / sl Coy C. Kaylor, M. Do" -2- 0 "FAYETTEVILLE FIRE DEPARTMENT MINUTES OF BUSINESS MEETING April 5, 1956 Meeting was called to order at 8 o'clock by Chief Burl Skelton. The roll call showed thirty-one (31) members present. The minutes of the March meetings were read ana approved as read. The treasurer's report a-howed expenbes of $5.35 and receipts of $25. 00 leaving a balance of $138. 45 on nand. The Chief gave us it brief report ui the Introductory Training Schoul just completed and stressed th., value of these schools in maintaining the departments efficiency. The: a followed a discussion of Lee Skelton's accident last year and its effect on his ability to fulfill all the duties of • his work as a driver. A moti:)n was made by Bill Morris and sec.,nded by Maurice Southern that the departmem go on record as feeling that Lee Skelton is ent,tled to be placed on pension under the terms and conditions of the Firemen' Pension Laws. The motion carried unanimously. Vote was by secret ballot. It was pointed out i.hat the authority to grant the pension rests with thu pension board, There being no further business, the meeting adjourned at 9 .,'click. /s/ Frank M. Brown, Sec'y." Upon motion by D >yle Morrison, seconded by Bill Morris, the following resolution was unanimously adopted, there being the following vote record: Ayes - Roy A. Scott, President; A. D. McAllister, Jr,, acting City Clerk; Roy Nix, City Treasurer; Burl Skelton, Fire Chief; Arthur Caselman, Ellis Poore, Doyle Morrison, Bili Morris. Nays - None. ' That driver and/or Captain Lee Skelton of the Fayetteville Fire Department be retired for service connected physical disability in accordance with Arkansas Act 76 of 1955, and that he be paid a monthly pension of $129.77 per m nth, -3- 1 retroactive as if April 8, 1956, the said sum of $129.77 being determined and computed as follows, to -wit: $,115. 00 - one-half base salary 2.46 - one-half telephone bill 7. 50 - one-half uniform allowance 4. 81 - one-half of 13 holidays Wk. Act 132 of 1955) There being no further businet,s, upon motion duly made and sec:)nded and passed unanimously, the President declared the muting adjourr_ed. APPROVED: ROY A. SCOTT, President of the Board of Trustees of the Fireman's Relief & Pension Fund ATTEST: A, D. McALLISTEI;4 JR. , Acting City Clark and Ex -Officio Treasurer • of the Board of Truatees of the Fireman's Relief & Pension Fund. w/ - MAIL Uto April 17, 1956 Cs, Mr. Burl Skelton Fire Chief City of Fayetteville Fire Dept. Fayetteville, Arkans:.e Roo Loo Skelton Dear •Skeltcn: I have recently erimined Mr. Leo 31celten, an employee of the City of Fayetteville Fire Deprrtment and firm that: an the result of the injury which he suctairod jr, art accident while on duty April 24, 1955 that he has resulting disckbility of 25 percent to the right lower ext.racity. the v.moi:nt of dis- ability prevents him from adc(Ilzitoly perforndn,. iirs duties as wr uble bodied fireerzr. sheul d (to. to cazv.ot climb ladders, clI b stairs or do other duties assured to hL*1 14th the eo-ordinatior and agility demanded of onn in his i; pe of woiic, It boconws u handicap U other firemen working :4th his au well as to himself and it constant hazard to those whe miet to dcpendsr.t upon him in being rescued'.from'burning buildings, It, therefore, hecoraes a rick to tho City of .Fryot,t. evil le es:3 I, thereXore, cannot take the rcvponsibil+ty of ruco..v>nlinr; him for further duty as a fireman and recomrr,end that he bo pensioned. Yours very truly, i Coy C. Kaylor, M.L.• CCK:na E a April 20, '1956 Mr, Lee Skelton 653 Wilson Fayetteville, Arkansas Dear Lee: It is with regret that we are losing your services as a driver on the Fayetteville Fire Department. For the past ten years you have been a reliable , trust- worthy, and efficient fireman. The City and the De- partment as a whole will miss your friendly personality and the interest that you have taken in the Department. Anytime during you;: temporary retirement that we can be of service to you, please do not hesitate to call on use Sincerely, ROY A. SCOTT MAYOR RAS/sls r i 1. r r April 20, '1956 Mr, Lee Skelton 653 Wilson Fayetteville, Arkansas Dear Lee: It is with regret that we are losing your services as a driver on the Fayetteville Fire Department. For the past ten years you have been a reliable , trust- worthy, and efficient fireman. The City and the De- partment as a whole will miss your friendly personality and the interest that you have taken in the Department. Anytime during you;: temporary retirement that we can be of service to you, please do not hesitate to call on use Sincerely, ROY A. SCOTT MAYOR RAS/sls r i 1. April 20, '1956 Mr, Lee Skelton 653 Wilson Fayetteville, Arkansas Dear Lee: It is with regret that we are losing your services as a driver on the Fayetteville Fire Department. For the past ten years you have been a reliable , trust- worthy, and efficient fireman. The City and the De- partment as a whole will miss your friendly personality and the interest that you have taken in the Department. Anytime during you;: temporary retirement that we can be of service to you, please do not hesitate to call on use Sincerely, ROY A. SCOTT MAYOR RAS/sls r OFFICE OF ATTORNEY GENERAL C0 p March 7. 190 iia:Orablo Nool Eutior, a:r. Mayor City o2' Benton Eonton, Arkansas Door Mayor Daticr: Your recent inmiry in rcrfazd to t: a rirci•_n'o Rolilo.E zn:3 ' j PEnai021 a:^.C? , has bomi r:=, _.: 6 to ?: for rcz-D-01-120. +:1 yo'S_ recont inc-air_7, you az%ccl '� :i: 20116 , n u : I v:.mlcl certainly i : L C».:i:0 lron : in::or?.%:% Stz ion Q- t::c Eire ::cz' a ,.clic u : ere ti»on - d iat:� cQ :ca_. ° rg ' the powaa& ^i a".YY3 G'3tiCa O t:1Q Jaril , 01 1".r'�:G �C.?S. c: _.,liciL•ly r "o3:: ,._ar.. :,m3:3 haVe th-a %S;:Lt t0 .jraan.l. scditiosal C%': '• :C -.ii »J:i 1:0 a uac:T.!! .c L•$l0 has rotired a'Snd, noeclo a.:. ti %:a3 c0• :1.^ nz ttion" 1 •• It ; u r:V O inion ti1P.•i; atho uG:C:.'3 c' i�ustocs O ti10 :?SiC::'.3n' °. Roliof and Ponaion.ii'_nd of i::oU ii_s '3Ac^..1•:z=t 02 20Z. i • Ar SaYlsecs hcZ 1 a : h ,'i' ..: _;� w • /, r.; :.., b. •� e G.Zis ra)• arf a. rJ Cji: .y uuC.?.•ar:.a✓:..•1 Q�:i.�L6a.:J % i way oz it _a »rc3 ...�r. t_c_•� tJio :._:i ' itz di.jC_C::iol anal' Ni;:; A the lir»<;.e:c»O:t ou'�*lire3 be'0:). ' T 7 Iii !':..1�.'--a �i• CI of :_A...1,O,9 AY_ • �J07, lZe J JC..•i v C 55�, O F': CL'7CQ7iJ CO'��i ^ciG' in dcalii i With rir mon':r P Sic n and Roi_o_ VL•AC±3 •tna•,:: Pc;. sioaa and bcnofito va_.3 »: :vYl and op-,�Oliccmcn a_. not gr„�u_t ea or b; :: n: �.:•:., ra d1C0 in ..o nature o3 i xrcacaa or a.:a»t_accl cr,:^ r: 'at io.1. AG';:i19 Maint01"lan3a O' r,�_ir.3 c_.__ ��_3 %C��ar'�'C •1%u i3 a rra»»Ciel �L`:^C'a`.»Cn, '.'3::0 .a:=.Lim O•� "ali^ pality may bo uocd for -�, CL :: J r,.a. ts.v7 = 1 pons. an .4icailiiitr be .o =tJ pc:laa�ioa.to c»ty r..^y c ave :O rxs:'.� o: itL fc:3a as aro avail able a0:' tai's Buz' oca. It is Honorable P.oci Butler, ire -2- March.7, 1967 l�itnin tih r�_t_`,:•c Vii. cx_.ticn_. •. t? c•rx ��''��r`n^awion ray = „, • - :?_ _�� i ts� i ba` it is t . .. _ .. _ pat. w.it•tlin the discretion o.'''. • th(!f C::.y to 14Vy for this . or any Oti3eY j7:L'('pJ:e, u;l ad'. Valora. J. n....� O� five mill If the mairt�n1:1^_0 of fire a:(3 police O ayzirtmcntss ir, a 1 LL•li.Ci_".'.;Il fll:;ctini� canno-� be u:sid that compcn,ating policaron and firem^n •or_th pension;, and disabilit l ]*pOna at is not a1 0 a . municipal purpoce.. Ido= its tyre na'tura of tiro tax changed by the fact that it. is levied by vote o'" the p oplo, and not by the city coul:cil. jDrtphaoic mine) Try C ira? 1C n ^a P.@%i.ei and PCnu tOn 1 ULiJ C; a UL"QDJ, Ark, Stat. ?.nn. 19-2201 ©t. s^q. .(195r p, 6- 1. •.. does not d_: cla.^,o any specific rcc.. iY.-�nent that pencien funCis bo soparat"ed YG7 relief Zunea,S do r R.• t::a!- , t no Wane are stat ute tr::atra a.s one fl:nu. 71:e cnZ y l ::;gage . Which Would $own to iT:70£3 any allocait:ion 1i1r 1La� Ona} O fund aaa ars in file last Prov so of Section 19-3277 (IS -166 :upy 40HiliCh i%7?O:i.�..:R a recvirenent L at ::�:}`.it^nt Or th(/3L'r:dC Orovi&& LL: ' for ci3al.1 not be made until after no :.Ymont in full of a l Cialria and damando against th:: funds ari:: ' Honorable Noel Butler, Jr.• -s^^- %larch 7, 1967 It is my opinion that the abovo statute proscriboo the amouni which the city is legally obli;ated to pay its re irel u rc::en. I would call your attention to the provisions of section 19-2227 (1965 Supp.) , vinich, state:.: In no caro shall the payr:c:lt to any :.0 h rotircd macbar be less than thirty dollar= ($30.00) per month, prd tho Ua.,, ^',,,_13�J .- d . in accoer.?vzce Co t`zn is+rtia� ao3 r�+z, +• o� c�c' r_�.-� a:, c'ntn -•i_nnd bv :110 Doanrl of: .._.._`_� .^ cr.'.' 4; �,� xera..=.a r , e:` .:r..l Penn?.on r unr.j. . . w-iha"oI In conclnoion, it isily opinion that the Board os lrusteos o� Renton ri .J , • '' ^�-�-nee to Cho jaz::ice y in u13i:. 616 CSG.+.=011, in C... '� and ecjaity Oy cae.1 C.=o, v::a :�. acdi•.:.ic al Ci+:..7e:'w^ati G:1 t0. m_:abers . . vino have retired, proviCed t:.cae a'ae a3ec;aa:o £ince available at this ti,i-n to provido c=n j0.)ay . nt c• ithsou.Z CZ'Using a rer"'zCtion of the ot•t r noceoo ry bone it.: u "er tzc plan, and prcvi de:: / ; £uedier that all previously zeti_cu fl c: -n in t similar circumotances are treated oczaally. It is my opinion, hoveavor, that is board in e%orcising" its i '. discretion, bared on tz:o _=do avac_aa1e, may at any time withdraw the additional bone_its given. u - Yours, ver. ! t: uly, r' •P4 .���. Vp Atto."nov Gene_al By: SZ.7iL$ri1 i=�3u.. Assistant Attorney General UMmac i .. ... .�.-... ... .... �..-tee- ,Y. _•_••."•_ ".••m`-. '`•.'�