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Home My WebLink About190-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 190-16 File Number: 2016-0473 2017 PROPORTIONAL SHARE AGREEMENT: A RESOLUTION TO APPROVE THE 2017 PROPORTIONAL SHARE AGREEMENT WITH WASHINGTON COUNTY AND CITIES IN WASHINGTON COUNTY TO PAY FAYETTEVILLE'S STATUTORILY REQUIRED SHARE OF OUR STATE DISTRICT JUDGES' BASE SALARIES. WHEREAS, A.C.A. § 16-17-1106 requires that "(e)ach county and town or city in which a state district court judgeship is created under this subchapter shall pay to the state an amount equal to its proportionate share of one-half (1/2) of the base salary established by law or that district's state district court judge." 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 2017 Proportional Share Agreement with Washington County and cities therein as attached to this Resolution, authorizes Mayor Jordan to sign this agreement and authorizes the payment of $82,294.99 as Fayetteville's proportional share for 2017. PASSED and APPROVED on 10/18/2016 ,�tiwMiirrrrr � •``'`1�t, K TR • ..J Attest: C. Y41 TO 47 w Sondra E. Smith, City Clerk Treasurer Page 1 Printed on 10/19/16 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 �ti yl, (479) 575-8323 Text File File Number: 2016-0473 Agenda Date: 10/18/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 6 2017 PROPORTIONAL SHARE AGREEMENT: A RESOLUTION TO APPROVE THE 2017 PROPORTIONAL SHARE AGREEMENT WITH WASHINGTON COUNTY AND CITIES IN WASHINGTON COUNTY TO PAY FAYETTEVILLE'S STATUTORILY REQUIRED SHARE OF OUR STATE DISTRICT JUDGES' BASE SALARIES WHEREAS, A.C.A. § 16-17-1106 requires that "(e)ach county and town or city in which a state district court judgeship is created under this subchapter shall pay to the sate an amount equal to its proportionate share of one-half (1/2) of the base salary established by law ... for that district's state district court judge." 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 2017 Proportional Share Agreement with Washington County and cities therein as attached to this Resolution, authorizes Mayor Jordan to sign this agreement and authorizes the payment of $82,294.99 as Fayetteville's proportional share for 2017. City of Fayetteville, Arkansas Page 1 Printed on 1011912016 Paul A. Becker Submitted By City of Fayetteville Staff Review Form 203,6,-0473 October 18, 2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/11/2016 Chief Financial Officer/ Finance & Internal Services Department Submitted Date Division / Department Action Recommendation: Approval of 2017 calendar year Proportionate Share Agreement (State District Court Program). 1010.040.0400-5315.00 Account Number Project Number Budgeted Item? NA Does item have a cost? Yes Budget Adjustment Attached? Previous Ordinance or Resolution # Original Contract Number: Comments Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title _ . _.... 1 $ 82,294.99 Approval Date: V20140710 CITY OF T I % —Ile ay� ARKANSAS MEETING OF OCTOBER 18, 2016 TO: Lioneld Jordan, Mayor THRU: Don Marr, Chief of Staff CITY COUNCIL AGENDA MEMO FROM: Paul A. Becker, Chief Financial Officer DATE: October 11, 2016 SUBJECT: Fayetteville Funding of the State District Judges Program beginning January 1, 2017 Proportionate Share Agreement RECOMMENDATION: The County Judges proposal to apportion cost by population as determined by decennial census seem reasonable and the administration recommends the Council authorize the Mayor to sign the '2017 Calendar Year Proportional Share Agreement' committing the City to pay $82,294.99 for this program and forward that agreement to the Department of Finance and Administration as well as the Washington County Judges Office. BACKGROUND: Beginning 2017 the State District Judges Program will be implemented. In Washington County there will be 4 judgeships with the base salary of $58,650 per judge which totals $234,600 in base salary costs. Arkansas Code Chapter 16 Section Seventeen mandates that each county, town, or city within the district pay its proportionate share of one half of the salary costs of the judges. The County Judge proposes the proportionate amounts be determined by population using the latest decennial census. However, the total number of Springdale residents should be added to the base district population which includes those living in Benton County. BUDGET/STAFF IMPACT: This amount will be appropriated in the 2017 budget. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 STATE OF ARKANSAS { Department of Financi And Administration Mayor Lioneld Jordan City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 OFFICE OF ADMINISTRATIVE SERVICES Administration of Justice Fund 1515 West Seventh Street, Suite 700 Post Office Box 2485 Little Rock, Arkansas 72203-2485 Phone: (501) 371-6145 Fax: (501) 682-5354 http:f/www.dfa.arkansas.gov September 26, 2016 RE: Ark. Code Ann. § 16-17-1106, Salary of state district court judges Dear Mayor Jordan: RECEIVED P 30 2n,Ce LViU 01TY OF FAYE f rE VI I.LE Pv1AYOTc, ; FFIC I would like to welcome you to the State District Judges Program beginning January 1, 2017. Under Ark. Code Ann. § 16-17-1106, each county, town or city located in a State district court judgeship shall pay to the State an amount equal to its proportionate share of one half (1 /2) of the base salary established by law for FY2009. The base salary for FY2009 was $117,300. Half of that amount is $58,650, with the remainder to be paid by the State. The purpose of this letter is to certify the proportionate share of $58,650 per judge to be paid by the county and the cities and towns in your State district court judgeship(s). Under the code, the amount to be paid by each county and town or city can be established by written agreement. The Proportionate Share Agreement is included with this letter to establish an agreement as to your proportionate share of the salary paid among the county, cities and towns in your State district court judgeship. Please sign and return the I"ropvrtionate Share Agreement to this office at the address listed above by October 31, 2016. If you are unable to reach an agreement, please contact this office. The Department of Finance and Administration — Administration of Justice Fund Section will certify proportionate share amounts according to the terms of Ark. Code Ann. S 16-17-1106. if you have any questions or concerns, please feel free to call me at (501) 371-6145. Sincerely, andra Moss, Fiscal Support Analyst Administration of Justice Fund Section Department of Finance and Administration — Office of Administrative Services sandra.lnosst`uidfa. arka.nsas.gov Enclosure Cc: Judge Marilyn Edwards Mayor Ernie Penn Mayor Rob Hulse Mayor Bruce Ledford Mayor Bill Groom Mayor Sonny Hudson Mayor Harold Douthit Mayor Chris Keeney Mayor Doug Sprouse Interim Mayor Don Rollins Treasurer Bobby Hill Act 1219 of 2011 State District Court Program 2017 Calendar Year Proportionate Share Agreement WHEREAS; Act 1219 of 2011 states that the State of Arkansas shall pay the salary and benefits of state district court judges; Act 663 further provides that each county and town or city that has a state district court judgeship created shall pay to the state an amount equal to its proportionate share of one-half (%) of the base salary established by law for that county and town or city's state district court judge; and WHEREAS; Act 1219 of 2011 established a base salary of $117,300 in 2011 for a state district court judge; and WHEREAS; Act 1219 of 2011 provides that a county and town or city that has a state district court judgeship created may agree in writing on the amount to be paid to the state by the county and town or city for its proportionate share of one-half (%) of the salary established by law for its state district court judge; THEREFORE; an agreement has been reached between the Washington County and the cities of Elkins, Elm Springs, Farmington, Fayetteville, Greenland, Johnson, Lincoln, Prairie Grove, Springdale and West Fork to pay to the state one-half (%) of the state district court judge's salary of $58,650 per judge totaling to $234,600 as follows: Washington County Paying __ _ _ Paying Cit of Elkins Cit of Elm Springs Pain Cit of Farmington Paying City of Fayetteville Pain City of Greenland Paying City of Johnson Paying City of Lincoln Paying City of Prairie Grove Paying City of Springdale Paying City of West Fork Pain _ Washington County Judge Washington County Treasurer Elkins Mayor Farmington Mayor Page 1 Greenland Mayor Lincoln Mayor Springdale Mayor Page 2 Johnson Mayor Prairie Grove Mayor West Fork Mayor REVISED 10.11.216 District Court Judge's Salaries Reorganization as of January 1, 2017 A.C.A. § 16-17-1112 SHARED SALARY COST IS $117,300, HALF BEING $58,650, PER FOUR DISTRICT COURT JUDGES $ 234,600 STATE AND CITY/COUNTY DISTRICT JUDGE SHARED SALARY COST CENSUS CITY/COUNTY CITY/COUNTY CITY/COUNTY PERCENTAGE 2010 SHARED COST BASED ON POPULATION WASHINGTON COUNTY* 37,350 17.81% $ 41,773.82 ELKINS 2,648 1.26% $ 2,961.64 ELM SPRINGS 1,893 0.90% $ 2,117.21 FARMINGTON 5,974 2.85% $ 6,681.57 FAYETTEVILLE 73,580 35.08% $ 82,294.99 GOSHEN* 1,071 0.51% $ 1,197.85 GREENLAND 1,294 0.62% $ 1,447.26 JOHNSON 3,354 1.60% $ 3,751.26 LINCOLN 2,249 1.07% $ 2,515.38 PRAIRIE GROVE 4,426 2.11% $ 4,950.23 SPRINGDALE 70,749 33.73% $ 79,128.68 TONTITOWN* 2,460 1.17% $ 2,751.37 WEST FORK 2,317 1.10% $ 2,591.43 WINSLOW* 391 0.19% $ 437.31 209,756 $ 234,600.00 * WASHINGTON COUNTY'S SHARED COST $ 46,160.35 WASHINGTON COUNTY $ 41,773.82 GOSHEN $ 1,197.85 TONTITOWN $ 2,751.37 WINSLOW $ 437.31 Jordan, Lioneld From: Mayor Sent: Wednesday, September 28, 2016 10:45 AM To: Jordan, Lioneld; Marr, Don; Becker, Paul Subject: FW: District Judge Salary Proportionate Share Agreement Attachments: Washington County_ Letter and Proportionate Share Agreement.pdf; 2017 Shared CostByPopulation.pdf Importance: High FYI lana Lana Broyles Mayor's Office Administrator City of Fayetteville, Arkansas 113 W. Mountain St. Fayetteville, AR 72701 T 479.575-8331 1 F 479-575-8257 1 M 479-466-2281 Website I Facebook_ I Twitter I Instagram I YouTube From: Karen Beeks[mailto:KBeeks@co.washington.ar.us) Sent: Wednesday, September 28, 2016 8:44 AM To: Bill Groom (mayor@greenland-ar.com); Bruce Ledford(bruceledford@elkins.arkansas.gov); Chris Keeney (johnsonmayor@live.com); Doug Sprouse (dsprouse@SpringdaleAR.gov); Ernie Penn (erniepenn@cityoffarmington- ar.gov); Harold Douthit (mayor@elmsprings.net); Mayor; Rob Hulse (mayor@lincolnarkansas.com); Sonny Hudson (sonnyhudson@pgtc.com); Don Rollins, Jr. (mayor@westforkar.gov) Cc: George Butler; Steve Zega Subject: District Judge Salary Proportionate Share Agreement Importance: High Good Morning Mayors, County Judge Marilyn Edwards asked that I contact you regarding the county/city obligation regarding its share of the State District Court Judge's beginning January 1, 2017, Under Ark. Code. Ann. § 16-17-1106, each county, town or city located in a State district court judgeship shall 'pay to the State an amount equal to its proportionate share of one half (1/2) of the base salary. You should have received a letter from the Department of Finance and Administration about this. I have attached our copy for reference. Judge Edwards is suggesting that that the County and cities divide our obligation based on population using the latest decennial census data. I have attached a document prepared by County Comptroller Ashley Farber showing the financial impact on each of us using this method. We are all being requested to reach and sign an agreement regarding this matter and have it to DFA no later than October 31. Judge Edwards would like to hear from each of you as soon as possible regarding this matter. I know we are all in the budget process for 2017. I wish we had more time to discuss this but this is the hand that we have been dealt. Thank you In advance for your prompt reply. Xaren Karen Beeks Executive Assistant County Judge's Office (479) 444-1700 kbeek@co.washinon.ar.us DEPARTMENTAL CORRESPONDENCE E OF TIIE. CITY ATTORNEY Kit \'Villiaimms City Af lor3' e y Blake Peoltinglon rl .jisIant Gilt' At a 1w)' TO: Mayor Jordan Patti ilrttufiord Don Marr, Chief of Staff Paul Becker, Finance Director FROM: Kit Williams, City Attorney DATE: October 5, 2016 RE: Proportionate Share Agreement for District Court Judge's Salary I agree with the letter from the Office of Administrative Services of the Arkansas Department of Finance and Administration to Mayor Jordan received on September 30, 2016. Washington County and each "town or city in a district in which a state district court judgeship is created under this subchapter shall pay to the state an amount equal to its proportionate share of one-half (1/2) of the base salary established by law for state fiscal year 2009 for that district's state district court judge." A.C.A. § 16-17-1106 (b). The Office of Administrative Services states that the base salary in 2009 was $117,300.00 so that half of that salary would be $58,650.00. With four authorized District Judges in Washington County (Second District of Arkansas), Washington County and all cities and towns in Washington County are required to pay $234,600.00 in proportionate shares to the state. Please review the proposal from the Washington County Judge about how this proportionate share would be allocated among the cities, towns and Washington County. DEPARTMENTAL CORRESPONDENCE OFFICE O1� T -HR (.1'1'1" A"1"eoRN!E,Y TO: Mayor Jordan City Council Kit 1rti'illianis (it' 4iiw- irj- Blake Pen ninglnn t s.+hri:' (1i( Athocc,r,, CC: Don Marr, Chief of Staff Paul Becker, Finance Director FROM: Kit Williams, City Attorney /� DATE: October 11, 2016 RE: Proportionate Share Agreement for District Court Judge's Salary IPati Mulford Priri!LL ,ri On September 30, 2016 the Arkansas Department of Finance and Administration's letter to Mayor Jordan arrived. This requires our execution of a Proportionate Share Agreement to be returned to them by October 31, 2016. Paul Becker promptly consulted with Washington County and the DF&A about this issue and has presented this agenda item as quickly as possible to meet DF&A's deadline of October 31, 2016.