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Home My WebLink AboutOrdinance 5560 ORDINANCE NO. 5560 AN ORDINANCE TO AMEND §31.30 (E)(1) AND §31.45 (G)(1) OF THE FAYETTEVILLE CODE 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 §31.30 (E)(1) relating to the beginning pay for a newly elected or appointed City Clerk by repealing (E)(1) and enacting a replacement(E)(1) as shown below: "§31.30 (E) "(1) The salary for a newly elected or appointed City Clerk-Treasurer shall be the same as the salary was for the outgoing City Clerk- Treasurer." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §31.45 (G)(1)relating to the salary for a newly elected or appointed City Attorney and enacting a new §31.45 (G)(1) as shown below: "§31.45(G) "(1) The salary for a newly elected or appointed City Attorney shall be the same as the salary was for the outgoing City Attorney." PASSED and APPROVED this P day of January, 2013. APPROVED: ATTEST: �0��1111111/By: \1 Y 0;�"t O&Z, �� d�"�, �e (tMA LD JO , Mayor SON RA E. SMITH, City Clerk/1 gsurer FAYETTEVILLE e i,;�/V;i OIN A,,,, /2 -.2---7/ AGENDA REQUEST FOR: COUNCIL MEETING OF JANUARY 3, 2013 FROM: ALDERMAN MATTHEW PETTY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: An Ordinance To Amend §31.30 (E)(1) And §31.45 (G)(1) Of The Fayetteville Code APPR VED FOR AGENDA: 17 Zee I Z Matthew Petty Date Alderman -41 City Attorney Date (as to form) ORDINANCE NO. AN ORDINANCE TO AMEND §31.30 (E)(1) AND §31.45 (G)(1) OF THE FAYETTEVILLE CODE 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 §31.30 (E)(1) relating to the beginning pay for a newly elected or appointed City Clerk by repealing(E)(1) and enacting a replacement(E)(1) as shown below: "§31.30 (E) "(1) The salary for a newly elected or appointed City Clerk-Treasurer shall be the same as the salary was for the outgoing City Clerk-Treasurer." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §31.30 (G)(1)relating to the salary for a newly elected or appointed City Attorney and enacting a new §31.45 (G)(1) as shown below: "§31.45(G) "(1) The salary for a newly elected or appointed City Attorney shall be the same as the salary was for the outgoing City Attorney." PASSED and APPROVED this 3rd day of January, 2013. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION calendar year. employment without complying with the city's (C) Cumulative annual pay increases over time may personnel policy. not cause the salary level to exceed the salary (E) Salary. "' ■.� range for the position without City Council a, approval. (1) Salary for a newly elected or appointed City Clerk shall be$45,000.00. (Ord.No.4357, 12-18-01) (2) Upon re-election to the same position, the Cross reference(s)--District Judge,§38.02. official shall retain their existing pay level. State law reference(s)-- Salaries of personnel and (3) Annually at the first payroll period coincident other requirements of various municipal courts, A.C.A. §16- 17-108. with or first following January 1st, a pay adjustment will be made equal to the 31.19-31.29 Reserved average percentage pay increase granted to regular full-time non civil service city 31.30 Office Of City Clerk-Treasurer employees during the previous calendar year. (A) Created. There is hereby created the office of (4) Cumulative annual pay increases over time the City Clerk, a department of the city. The City may not cause the salary level to exceed the Clerk is hereby designated Clerk-Treasurer by salary range for the position without City the City Council and shall assume the duties of Council approval. both clerk and treasurer. The office of City Clerk shall consist of the elected City Clerk, who shall State law references)--Duties of City Clerk, A.C.A. be head of the office of City Clerk, together with §14-43-506; Clerk-Treasurer in Mayor-Council cities, A.C.A. - Deputy City Clerks,Microfilm Clerks,Secretaries, §14-43-405 Clerks, and such other employees as may from time to time be required by the office of the City 31.31 Full Time Elected City Officials To Clerk. The number of employees in each of Elect Whether To Be Treated As Normal these categories and their respective salaries City Employees For Vacation And Sick shall be fixed from time to time by the City Leave Purposes Council through the city's budgetary processes. (B) Hiring. The elected City Clerk shall hire and (A) Irrevocable Election During First Month Of Tenn supervise the employees of the office of the City Of Office Clerk following the city personnel policy. (1) During the first month of a newly elected (C) Duties. The duties of the City Clerk with the mayor's, city clerk's or city attorney's term of assistance of the staff of the office of City Clerk office, said official shall make an irrevocable shall be as follows: election in writing to the Human Resources Division whether to be treated as a normal; (1) The City Clerk shall perform such duties as non-elected city employee for purposes of are prescribed by law for City Clerks of cities vacation and sick leave accumulation and of the first class having an aldermanic form use. If the newly elected official fails to of government and such duties as may be make a specific election within the first prescribed by the City Council. month of his or her term of office, the official shall be deemed to have opted not to be (2) The duties prescribed for the City Clerk shall treated as a normal city employee for be performed by the City Clerk, and in the vacation and sick leave purposes. absence of the City Clerk by a Deputy City Clerk appointed by the City Clerk. (B) City pay and benefits controlled by irrevocable election. (D) Full-time employment. The City Clerk and his/her duly authorized deputies and/or assistants shall (1) Subject to federal employment law be full-time officers and employees of the City of requirements, if the elected official opts to be Fayetteville and shall not engage in outside treated as a normal city employee,then the salary and benefits of the elected official CD31:4 .1 y rr J- C,.,)d-c FAYETTEVILLE CODE OF ORDINANCES TITLE III ADMINISTRATION shall be controlled by the official's any meeting of any other City Council irrevocable election such that if such elected Committee, administrative board, official takes more vacation or sick leave than such official has earned, the amount of commission, or authority of the city. vacation or sick leave above the accrued (5) Represent the city as needed in civil amount shall be unpaid leave. litigation; file all cases and civil actions (Ord.5212, 1-20-09) approved by the City Council required to protect the interests of the city. 31.32-31.44 Reserved (6) To prosecute all cases whether civil or criminal invol on or 31.45 City Attorney; Legal Department enforcement of citgy ordin ancesolbefore the district court; to prosecute all cases whether (A) Legal Department created. There is hereby civil or misdemeanor criminal cases involving created the Legal Department, a department of violations of the state laws within the the city. The legal department shall consist of the corporate limits of the city before the district, elected City Attorney, who shall be head of the juvenile, or circuit courts and to prosecute or legal department, together with Assistant City defend all appeals of any of such cases from Attorneys, City Prosecutor, Assistant City the district court to the circuit court. The city Prosecutors, Legal Interns, Paralegals, Legal attorney shall assign at least one full-time Secretaries, Clerks and such other employees as assistant city attorney as city prosecutor to may from time to time be required by the legal carry out such duties. department. The number of employees in each of these categories and their respective salaries (7) Perform such other duties as are prescribed shall be fixed from time to time by the City by law for city attorneys of cities of the first Council through the city's budgetary processes. class. (B) Hiring. The elected City Attorney shall hire and (D) Full-time employment. The City Attorney and supervise the employees of the city legal his/her duly authorized assistants shall be full department following city personnel policy. time officers and employees of the City of Fayetteville and shall not engage in outside (C) Duties. The duties of the City Attorney with the employment, including the private practice of law, assistance of the staff of the legal department without complying with the city's personnel policy. shall be as follows: (E) Authority to retain counsel other than City (1) To draft all ordinances, resolutions, Attorney. Should the City Council determine that contracts, leases, conveyances, bonds, and it would be in the best interest of the city for an such other instruments of writing as may be attorney other than the City Attorney to render required by the business of the city. legal services in connection with a legal matter or legal proceedings, the City Council may, by (2) To furnish written opinions upon subjects of majority vote, retain a private attorney to render a legal nature relating to the affairs of the city said services. government when requested to do so by the mayor, an administrative department head, a (F) Restrictions. The legal department of the city member of the City Council, or the shall not be required to render legal services in chairperson of any administrative board, connection with a legal matter or legal commission, or authority of the city. proceeding not otherwise provided for in subsection (A)above, including but not limited to, (3) To furnish legal advice regarding the bond opinions, representation of any independent activities of the city to the mayor, members organizations, boards, councils or foundations of the City Council, and all other city officials and performing any duties for any improvement and administrative department heads. district. (4) To attend meetings of the City Council, (G) Salary. Planning Commission, Board of Adjustments, A & P Commission, and upon (1) Salary for a newly elected or appointed City request by the chairperson thereof, to attend Attorney is established at$65,000.00. yvtr• CD31.5 �.� NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS EWSPME16LLC NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTHEAST 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. 5560 RECEIVED Was inserted in the regular edition of JAN 2 4 2013 The Northwest Arkansas Times CITY OF FAYETTEVILLE CITY CLERK'S OFFICE on: January 10, 2013 Publication Costs: $ 71.33 oRfliNANCE No iso AN'ORDINAkli TQ,'-AMEND§31.30(E)(1).AND THE F.A E -, ILLE CODE BE.IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF,FAYETTEVILLI: ARKANSgS:' AflxANSAs� ;Section`it Th'st the City Council;=0 the C(ty<of Fayetteville grkansas hereby argends§31.30,(E)(i)relat�ipg to Karen Caler thebeginrnng'pay' forta newt elected ora ointed Ci Clerk'b re ealih 1 and enactin` Y PP � tY Y =`replacemeh�%(E)(1).as-sHown belovri._� i; Subscribed and sworn to before me §31 sock (1) The salary for a newly elected or appointed City C' Treasurer shall b, This �0 day of _�y� —�, 201 3. the same as the salary was}or the outgoing City Clerk Treasurer' J Section 2 That Ihe Cify CounmLof the City of Fayetevtlle;Ar`kansas'hereby amends„§31,45(G)(i);relsting to the salary_for#a newly elected or appointed City, �' Attprneyand enacting a pew§31 45(G)(1)as shown below §3�1 "IR G) .,, (t The sblcryfor a newlyeleoed or appointed CityAttofneyshall be the satneas the salary was fof the outgoing CityzAttorney."^ NOtary PUbiICPASeSED and pPPR01(ED this 3rd day of January 2013 ( APPROVED ATTEST.;_ My Commission Expires: `Z�j�'� � ay B� . LIONELo JORDAN°Maydr "' 8okbh f SMITH,City`Clerklrreasurdr �� Cf'S H �.V�J EL Benton County My Carnoiissi.n Expires Februa y 2L,2014 aZws3"P^ m": -=