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Home My WebLink AboutOrdinance 5557 ORDINANCE NO. 5557 AN ORDINANCE TO AMEND §31.17 MAYOR'S COMPENSATION OF THE FAYETTEVILLE CODE TO ALLOW A MAYOR TO WAIVE IN WRITING THE SALARY ADJUSTMENT REQUIRED BY(B) 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 enacts a second sentence in §31.17 (B) to allow the Mayor to waive the yearly adjustment for that year so that(B) shall be as follows: "(B) The salary shall be adjusted one time per year, as provided above, at the payroll period coincidental with or following January 1St. The mayor may waive for himself or herself this salary adjustment by filing such written waiver with the City Clerk no later than January P of the affected year." PASSED and APPROVED this 18th day of December, 2012. APPROVED: ATTEST: BY: \. By: O ELD JO , Mayor SONDRA E. SMITH, City Clerk/Treasurer .011111f11/1j�`� :A�••• G\TY �U• •r :FAYETTEVILLE�x'= J � AGENDA REQUEST f FOR: COUNCIL MEETING OF DECEMBER 18, 2012 FROM: MAYOR LIONELD JORDAN ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §31.17 Mayor's Compensation Of The Fayetteville Code To Allow A Mayor To Waive In Writing The Salary Adjustment Required By (B) APPRO ED FOR AGENDA: yor at City Attorney Date (as to form) 12-11-12P03:22 RCVD • TI e Departmental Correspondence LEGAL ARKANSAS www.accessfavetteville.org DEPARTMENT Kit Williams TO: Mayor Jordan City Attorney CityCOU11C11 Jason B.Kelley G Assistant City Attorney Sondra Smith, City Clerk Paul Becker, Financial Director FROM: Kit Williams, City Attorney e DATE: December 7, 2012 RE: Mayor's request to waive salary adjustment for 2013 Pursuant to the Mayor's request, I have drafted an amendment to §31.17 Mayor's Compensation which would give any mayor the right to waive salary adjustment for the upcoming year. Mayor Jordan would need to present such written waiver of salary adjustment to the City Clerk to be filed in her office no later than January 3rd of the affected year. An earlier filing would be helpful to Accounting. A Mayor leaving office cannot use this waiver power to affect the salary adjustment for the new mayor. A new mayor would have to act by January 3rd to waive the salary adjustment. ORDINANCE NO. AN ORDINANCE TO AMEND §31.17 MAYOR'S COMPENSATION OF THE FAYETTEVILLE CODE TO ALLOW A MAYOR TO WAIVE IN WRITING THE SALARY ADJUSTMENT REQUIRED BY (B) 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 enacts a second sentence in §31.17 (B) to allow the Mayor to waive the yearly adjustment for that year so that(B) shall be as follows: "(B) The salary shall be adjusted one time per year, as provided above, at the payroll period coincidental with or following January 1St. The mayor may waive for himself or herself this salary adjustment by filing such written waiver with the City Clerk no later than January 3d of the affected year." PASSED and APPROVED this 18th day of December, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer FAYETTEVILLE CODE OF ORDINANCES ��yJ TITLE III ADMINISTRATION CHAPTER 31: CITY OFFICIALS ARTICLE 1 31.16 Aldermen, Compensation GENERAL PROVISIONS Compensation for each alderman shall be in the amount of $700.00 per month without regular city 31.01 Form Of Government benefits. The form of government provided for this city is (Ord.No.3660,§§1,2,12-1-92;Ord.No.4109,§1,8-4-98) hereby known as the "Aldermanic form of government." State law reference(s)--Compensation of officials (Ord.No.3651,§1,11-10-92) generally,A.C.A.§14-43-409. F(A) ayor's Compensation 31.02 Removal From Office; Filling tion for the mayor shall be as follows: Vacancies ase salary shall be set at a level that is 5% (A) Elected officers. r than the average of the salaries of each Elected officials of the City of Fayetteville may beand the department directors reporting'to removed from the office pursuant to A.C.A. §14- ayor. 42-109 upon a finding by a Circuit Court that such official is guilty of nonfeasance in office. alary shall be adjusted one time per year, rovided above, at the payroll period (B) If any such official is removed for nonfeasance, dent with or first following January 1 st. the vacancy shall be filled in the manner provided by state law. When any official is removed under (C) Termination and replacement of an employee:in the provisions of subsection (A) of this section, the positions designated above is not cause fo.r a the vacancy shall be filled in the manner provided pay increase or decrease at the time of such by law. action. (Code 1965,§§2-14,2-15;Ord.No.761,9-4-33;Code 1991, (D) A newly elected mayor shall make an irrevocable §31.01) election in writing during his or her first two months in office whether or not to be paid ,an State law reference(-)--Removal of elective or annual automobile allowance of $5,000.00 In appointed officers,A.C.A.§14-42-109. equal monthly installments during the maygr's 31.03-31.14 Reserved term of office. if a mayor does not make such election in writing, the automobile allowance shall not be paid during the mayor's term of office. ARTICLE 11 ELECTED OFFICIALS* (Ord. No. 3659, §§1, 2, 12-1-92; Ord. No. 3764, §1, 3-1-94; Code 1991,§31.17;Ord.No.5214,1-20-09) 31.15 City Council; Mayor State law references)--Compensation of officials generally,A.C.A.§14-43-409. (A) There shall be eight aldermen on the City Council, who shall be elected as set forth in 31.18 District Judge Compensation §32.01. The District Judge of Fayetteville's compensation (B) The Mayor shall perform such duties as are shall fall within the current pay range determined (A) prescribed by law for mayors of cities of the first by the most recent public sector survey class having an aldermanic form of government. conducted by the city, or independent survey State law reference(s)- Officials in mayor-council contractor and any applicable state law. cities of 50,000 or more, A.C.A. §14-43-303; Mayor (B) Annually at the first payroll period coincident with generally,A.C.A.§14-43-401. or first following January 1st, a pay adjustment will be made equal to the average percentage pay increase granted to regular full time non-civil service city employees during the previous CD31:3 i NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NEWSPAYJLJ16 NORTHWEST ARKANSAS TIMES LLC BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.Box 1607, 72702 1 479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Benton County and Washington County, Arkansas, of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ordinance No. 5557 RECEIVED Was inserted in the regular edition of JAN 2 4 2013 The Northwest Arkansas Times on: January 10, 2013 CITY OF CITY CLEf3�WO��iCE Publication Costs: $ 58.36 _ ORDINANCE NO 5557 AN ORDINANCE TO AMEND§31.17.MAYOR S COMPENSATION OF THE FAYETTEVILLE CODE TO ALLOW,,A MAYOR TO'WAIVE IN Karen Cater WRITING THE ALgRY ,ADJ"US,TMENT AwKAHsas_ REQUIRED BY(B) BE ITAORDAINED:BY=THeclTY COUNCIL:"QF''LTHEfCITY;OP.FAYETTEVILLE, ARKANSAS Subscribed and sworn to before me Sections That theC�tyCouncilofthe0ityofFayetteuille Arkansasherebyenacts a second sentence in§31.17(B)to allow the Mayor to waive theyearly adjustment This I(S day Of , 201 3. for that year so�that(B)sJ%all be as follows -, "(B) 'The salary shall be adjustetl-one time per year,,as provided above at;f the`payroll peciotl coincidental wiih.pir.,Dowing Januaryplst The,mayor rnay�,' waive for`tiim"selto�heisLLelf"tfiis'salary adjustm`entbyfiling such".wr`iften-waiver ` with the City,plerk no later than January 3rd,pf the affected year' PASSED antl APPROVED this 1 Sth day of December 2012 Notary Public �APPRQVEDi, �' �ATTEST By: By LIONELD JORDAN,Mayor SONDRAE WITH;City Clerk(Treasurer My Commission Expires: -p\\1'1Rf;tri��i C i olILEnJ iy6enfuI "= My Comn-rission Expires 1 February 20,2014 k