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Home My WebLink About258-05 RESOLUTIONRESOLUTION NO. 258-05 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 SE"ITLEMENT CIIECKS 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 senlement 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 I: 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 27'h day of December, 2005. A'rresT: ,pl11n'np„ry i:•• • GniY° '• ; cj• :pi E : FAYETTEVILLE: '''ti;4'GTQH C SONDRA SMITH, City Clerk By: SF/ APPROVED: By: COODY, Mayor City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2005 Department: General Government Division: Miscellaneous Program: Miscellaneous Date Requested 12/22/2005 Adjustment Number Project or Item Requested: $141,215 is being requested in the Settlements Account. Project or Item Deleted: None. $141,215 is being requested from the use of fund balance. Justification of this Increase: This amount is for the Department of Labor settlement for the Police portion. Justification of this Decrease: Sufficient funds remain to comply with City policies. Increase Budget (Decrease Revenue) Account Name Account Number Amount Project Number Settlements 1010 6600 5311 09 141,215 Decrease Budget (Increase Revenue) Account Name Account Number Amount Project Number Use of fund balance 1010 0001 4999 99 141,215 Approval Signatures uest d B Date /2 21-01 Budget Manager Date Depanmcnt Director Date Finance & Inter radj Ser ek Director Mayor Date Budget Office Use Only type. A B C �[i E Date of Approval Posted to General, Ledger Posted to Project Accounting Filtered in Category Log Initial Date Initial Date Initial Date Initial Date Michele Bechhold Submitted By City of Fayetteville Staff Review Form City Council Agenda Items Or Contracts 12/27/2005 Special City Council Meeting City Council Meeting Date Human Resources Division Action Required: Finance & Internal Services Department 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 5150,000.00 Cost of this request Various Account Number Project Number Budgeted Item $ Category / Project Budget Funds Used to Date Remaining Balance Budget Adjustment Attached Program Category / Project Name Program / Project Category Name Various Fund Name City Atte-lc-ley ��ksz, finance and Inter Servir Mayor /ZZ hcs ate 17 -21 -of Date it enol Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office Received in Mayor's Office 4 Comments: Ta!Lb:Me CITY COUNCIL AGENDA MEMO Special City Council Meeting of Dec. 27, 2005 TO: Mayor Dan Goody and the City Council THRU: Stephen Davis, Finance & Internal Services Director FROM: Michele Bechhold, Human Resources Director 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. 911 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 1: 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 3rd day of January, 2006. ATTEST: By: SONDRA SMITH, City Clerk APPROVED: By: DAN COODY, Mayor RESOLUTION NO. 258-05 A RESOLUTION TO APPROVE THE DEPARTMENT • LABOR SUPERVISED SETTLEMENT FOR ALL EMPLOYEGROUPS (EXCEPT FIREFIGHTERS) AND TO APPROVE A BUDGET ADJUSTMENT OF SI50,000.00 TO PAY FOR TIME :ETTLEMENT CHECKS\ WHEREAS, the City o yetteville asked the Departme• of Labor to review all of the City's pay practices and conduct a S • rvised Settlement for any .ay practices that might not have complied with the Fair Labor Standards 1; and WHEREAS, numerous firefighters sought jud'•'al relief rather than this voluntary Supervised Settlement by the Department of L. .or and .ve already resolved their case amiably by settlement with the City which was accepted by th Fede I District Court; and WHEREAS, the Department of Labor division (except the firefighters) and carefully revi ately interviewed employees from every City d every aspect of the City's payroll system; and WHEREAS, the vast majority of pay oll pro•edures were in complete compliance with all federal statutory requirements, but a few m' or discre ancies were discovered and have now been brought into compliance; and WHEREAS, the employees w . suffered payro discrepancies should be compensated for the two years' worth of those discrep• ies which is reflect d in the report and Supervised Settlement of the Department of Labor. NOW, THEREFORE, B' IT RESOLVED BY T E CITY COUNCII, OF THE CITY OF FAYETTEVILLE, ARKAN AS: Section I: That the Ci Department of Labor Supervis necessary to accept, enforce o Council of the City of Fayett d Settlement and authorizes May tisfy this Supervised Settlement. ille, Arkansas hereby approves the Coody to execute any document Section 2: That t. City Council of the City of Fayettevill= Arkansas hereby approves a budget adjustment in the a ount of S150,000.00 to pay for this Supervise. Settlement. PASSED and • PROVED this 27'" day of Decem an.nhq %%%%% FOCITRey'%, APPROVED: ;FAYETTEVILLEc.' I\I*•j' • -1--"41,41C76; G. i•unuuu• A"ITES'f: SMITH, City Clerk By DAN COODY, ayor ;Clarice Pearman - Res. 258-05 From: Clarice Pearman To: Bechhold, Michele Date: 1/18/06 4:08PM Subject: Res. 258-05 Michele, Attached is a copy of the above resolution and a copy of the budget adjustment for DOL settlement. I will forward the original ba to Budget & Research. I'm sorry ifs taken so long to get back to you but there were some errors on the resolution and I had to waft for the mayor to sign it. Thanks for your patience. CC: Bell, Peggy; Deaton, Vicki; Fell, Barbara