HomeMy WebLinkAboutORDINANCE 5930113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 5930
File Number: 2016-0508
AMEND § 31.18 DISTRICT JUDGE COMPENSATION:
AN ORDINANCE TO AMEND § 31.18 DISTRICT JUDGE COMPENSATION BECAUSE THE
DISTRICT JUDGE OF WASHINGTON COUNTY DISTRICT COURT, FAYETTEVILLE
DEPARTMENT WILL ON JANUARY 1, 2017 BECOME A FULL TIME STATE EMPLOYEE.
WHEREAS, A.C.A. § 16-17-1112 mandates that on January 1, 2017 Fayetteville and other cities in the
Second District (primarily Washington County) will have their current local district courts reorganized as
state district courts; and
WHEREAS, A.C.A. § 16-17-1106 (a) mandates that the "state shall pay the salary and benefits of the state
district judges created under this subchapter"; and
WHEREAS, Chief District Court Clerk Dena Stockalper has notified the City Administration of this
upcoming change including the renaming of the District Court in her memo of October 19, 2016.
NOW, THEREFORE, 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 repeals in its entirety §
31.18 District Judge Compensation and enacts a replacement § 31.18 as shown below:
"§ 31.18 Washington County District Court, Fayetteville Department.
Pursuant to state law, the former Fayetteville District Court will be renamed the Washington County District
Page 1 Printed on 1217116
Ordinance: 5930
File Number: 2016-0508
Court, Fayetteville Department effective January 1, 2017. The Washington County State District Judges
will become full time state employees on January 1, 2017. The state will pay all of the Washington
County State District Judges' salaries and benefits on and after January 1, 2017."
PASSED and APPROVED on 12/6/2016
Attest:
Lam. 05�7 4�
Sondra E. Smith, City Cleric Trtee'f►r►,
4?K ; T ITS.-frf j
r
1T Y 0.�p�'.
FAYErFEVIL (j '-"
vr� 4,,r;
C ti
�06V, G,daOlut% ►������
Page 2 Printed on 1217116
City of Fayetteville, Arkansas 1 F West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Text File
File Number: 2016-0508
Agenda Date: 12/6/2016 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: B. 8
AMEND § 31.18 DISTRICT JUDGE COMPENSATION:
AN ORDINANCE TO AMEND § 31.18 DISTRICT JUDGE COMPENSATION BECAUSE THE
DISTRICT JUDGE OF WASHINGTON COUNTY DISTRICT COURT, FAYETTEVILLE
DEPARTMENT WILL ON JANUARY 1, 2017 BECOME A FULL TIME STATE EMPLOYEE
(LEFT ON THE FIRST READING)
WHEREAS, A.C.A. § 16-17-1112 mandates that on January 1, 2017 Fayetteville and other cities in the
Second District (primarily Washington County) will have their current local district courts reorganized
as state district courts; and
WHEREAS, A.C.A. § 16-17-1106 (a) mandates that the "state shall pay the salary and benefits of the
state district judges created under this subchapter"; and
WHEREAS, Chief District Court Clerk Dena Stockalper has notified the City Administration of this
upcoming change including the renaming of the District Court in her memo of October 19, 2016.
NOW, THEREFORE, 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 repeals in its entirety §
31.18 District Judge Compensation and enacts a replacement § 31.18 as shown below:
"§ 31.18 Washington County District Court, Fayetteville Department.
Pursuant to state law, the former Fayetteville District Court will be renamed the Washington County
District Court, Fayetteville Department effective January 1, 2017. The Washington County State
District Judges will become full time state employees on January 1, 2017. The state will pay all of the
Washington County State District Judges' salaries and benefits on and after January 1, 2017."
City of Fayetteville, Arkansas Page 1 Printed on 1217/2018
Legistar ID No.: d 0 r�- 0 5 0 Y'
AGENDA REQUEST FORM
FOR: Council Meeting of November 15, 2016
FROM:
City Attorney Kit Williams
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
AN ORDINANCE TO AMEND § 31.18 DISTRICT JUDGE COMPENSATION
BECAUSE THE DISTRICT JUDGE OF WASHINGTON COUNTY DISTRICT
COURT, FAYETTEVILLE DEPARTMENT WILL ON JANUARY 1, 2017 BECOME
A FULL TIME STATE EMPLOYEE
APPROVED FOR NDA;
City Attorney Kit Villiams
Date
FAYETTE'" I LLE
DENA SMCRA —VER
TO: Mayor Lioneld Jordan
Don Marr, Chief of Staff
Paul Becker, Admin. Services
Brenda Reed, Human Resources
Kit Williams, City Attorney
From: Dena Stockalper, C re'f Cjerk .�
Thru: Judge William A. Storey ft
Subject: District Court Judge
Date: October 19, 2016
Beginning January 1, 2017 Judge Williams A. Storey will preside over what is
currently Fayetteville District Court. The judge will become a full time state
employee. His salary and benefits will be paid by a combination of state, city and
county contributions to be determined by the Department of Finance and
Administration.
The Fayetteville District Court will be renamed Washington County District
Court Fayetteville Department.
These changes have all been included in the 2017 budget.
176 Church Ave., Suite 1, 72701 Telephone (479)587-3591 Fax: (479) 444-3480
OFFICE OF THE
C'n' AT•roRNEY
DEPARTMENTAL CORRESPONDENCE
TO: Mayor Jordan
City Council
Judge Storey
CC: Don Marr, Chief of Staff
Paul Becker, Finance Director
Dena Stockalper, District Court Administrator
FROM: Kit Williams City Attorney
DATE: October 20, 2016
RE: Reorganization and renaming of the Fayetteville District Court
Kit Willianis
Cit), Attoniey
Blake Pennington
Assistant (;it), Attorney
Patti N Ulfo rd
Pararegol
Pursuant to A.C.A. § 16-17-1112, the current Fayetteville District Court will
be reorganized and become part of the Second District of Arkansas which "shall
be composed of Washington County and the city limits of Springdale as of January
1, 2011, including that portion of Springdale which extends into Benton County."
A.C.A. § 16-17-1112 (b)(1)(A).
"(B) The Second District shall have ten (10) departments as follows:
... (iv) One (1) located in Fayetteville;...."
"(C) The Second District shall be served by four (4) state district court
judges;... designated as Division 1; ... Division 2; ... Division 3;
and ... Division 4."
"(E) The Second District judges shall be elected districtwide."
"(F) The Second District court shall have districtwide jurisdiction."
A.C.A. § 16-17-1112 (b) (1) (B), (C), (E) and (F).
Because of the change from Fayetteville District Court to state district courts
and the assumption of paying all state district judges by the State, we need to
amend § 31.18 District Judge Compensation to § 31.18 Washington County
District Court, Fayetteville Department pursuant to state law and in conformity
with Chief District Court Clerk Dena Stockalper's memo (attached).
Jinth District shall
1 by two (2) state
12 and to become
Division 1; and
12 and to become
)ivision 2.
inth District shall
o become effective
nder subdivisions
A by the mutual
cted districtwide.
istrictwide juris-
sed of Calhoun,
I departments as
!Y one (1) state
ed districtwide.
itl'iutwide juris-
f the coutrties of
lepartments as
' one (1) state
d districtwide.
.rietwide. juris-
-k County.
113
DISTRICT COURTS
16-17-1112
(B) The Fortieth District shall have four (4) departments as
follows:
til ("finer C1) Itre:7t+��! in �r°lc,ldcll�hia;
Iii) C7r'te {l) Iorslb'd in Amity;
6ii) one t l l loe;;rtt,(I' in C"•llddo Valley; ant(
(iv) No 11) lcicalpd ill Gurdon.
tf-'}
Tilt' Portivt.l1 lJisl,rit t sh<Yll h(� ti['r vrxl by one (1) state district
court judge.
(D) The Fortieth District.judge shall be elected districtwide•
(E) The Fortieth District court shall have districtwide jurisdiction.
History. Acts 2011, No, '1219,
16-17-1112. Reorganization of local district courts to state dis-
trict courts as of January 1, 2017.
(a)(1) Heglnnitig.l.lrIllar_y 1, 2017, the following cities and counties
Hint erre euy.n.11 l , su'rved bti�• lar,ll district courts pursuant to y;' 16-17-
901 cal Berl, sh.-til be roor€'alliZod a state district Courts and served by a
stcltt' district c curt ,j rldgv,
(2) 'l"hc� 11c�w st 1te Riista it f. court Judgeships created by this section
sh,311 1lr�cr,rnr. c�11i.!ct"' 11,11rusrl•y 1, '21117, and shall be placed on the ballot
LO be it) the 2016 11on1),rl.tis:,,, jlydicial election fioln the new[p
eon tr uc.tc'el jn(licirll clista'i(t.
(3) The cities i1i(I c°riztirtiOs which were preuintrsly served by local
distr•icL emirts and 1viIJ btsrTVC-d 1)y state district courts shall ccxrnhly
with the cost-,,, I I'l lirlr; r".furrenlr�nts established in 4 16-17-1106, offec-
tivo .1„lilu,"ll'y 1, 2017.
(b)(1)(A) The srt•ond 1)i.wtrict ;hnIl lle, Compost=rl ��f' Wa;;hil�gtryn
f'cnlllly .trill rIu• G'Ii'v lirllits o1" �11r rrl#�ll��rlrw ns +rf' ,l.uluax'y 1, 201T,
including drat liontir,rl of the ('.it.v s,(°�lrrin��rl,rla" Whit -11 extends into
Benton 1'nlrnty.
(B) rl'17e e(n1'rcl 11ist.rit t s11,-111 have ten (10) departments as follows:
(i) Ulie t 1 } Ic}cltetl fill1ri n ci; cle;
lrw;llod ill f:Irt1 frriltgs;
(iii) One 1 } Iocal.ed in .iolillsolt,
60 ()11e" (1 } lo'11,111 ill MtyOtLeville;
(V) One, t 1) locotod in k,'Iklrls;
(Vi) Onc ( 1) locrlted ill We<t Pork;
w1i) l)llc O) located in Gre.enit.tlyd;
(viii) One (1) lin 1'r�lirie Grove,-
iix) C)1ler 117 lrlcrlr�c1 irl l,iticolu; and
(x) 0Icr f 1) loci ltrrl ilt h'arnlin�rt,ran.
Tho Sec olld 1)i r.r it i :�hrr11 he served by four (1) state district,
calor{- Ir.ldg'es;
{fir llllr 11.1 judge• Olip lir sr- ici be eloewd in 2011i Fuld to bcica�n�lc�
cflA�(:LEr'c-� ,I��nitar,v 1. 2017, :hrlll lar, c3rrs l)ivisirrll l;
c iil 1 ire, I ]) jud "vship first (7) lice oloctrd in 20R; ,Cllr.( to be(:on7c,
c.1lr=scai�fE� .J�1nt.lir;y� 1, 2017, ball lip rlr4i};rr:ltc+d as 11iviion `'
16-17-1112 PRACTICE, PROCEDURE, AND COURTS 114
115
(iii) One (1) judgeship first to be elected in 2016 and to become
(5)(A) The Tw
effective January 1, 2017, shall be designated as Division 3; and
Phillips counti
(iv) One (1) judgeship first to be elected in 2016 and to become
(B) The 'lave
elfVCtiVC Jf1JlLIt11`.Y 1, 2017, shall ib(: (lcslgnated as Division 4.
follows:
(D) The presiding judge of t1l1., deparLaienth Under subdivision
(1) One (1) lc
del this Suction shall be determined by the 111Lttu2tl ( givenient
(11) One (1.) 1
of the *t-1(.[* dislxict Court Judges.
(111) One (1)
(E) The Second District judges shall be elected districtwide.
(iv) One, (1)
(F) The Second District court shall have districtwide jurisdiction.
(v) Onc (1) 1-
(2)(A)
(2)(A) The Third District shall be composed of the counties of Carroll
(C) `.l'11e Twe
and Madison.
district court j1
(B) The Third District shall have three (3) departments as follows:
(D) The'I\ve
(i) One (1) located in Berryville;
(E) The 'lwe
(ii) One (1) located, in Eureka Springs; and
risdiction.
(iii) One (1) located in Huntsville.
(6)(A) The'lwe
(C) The Third District shall be served by'one (1) state district court
(B) The We
judge.
follows:.
(D) The Third District judge shall be elected districtwide.
(i) One (1) lc
(E) The Third District court shall have districtwide jurisdiction.
(ii) One (1) ]
(3)(A) The Twenty -Seventh District shall be composed of the counties
(C) The [\V(-
\veof
ofDesha and Chlcot.
district court 11
(B) The Twenty -Seventh District shall have five (5) departments
(D) The Twe
as follows:
(E) The Twe
(i) One (1) located in Dermott;
diction; and
(ii)- One (1) located in Eudora;
(7)(A) The'I VE
(iii) One (1) located in Lake Village;
Drew counties.
(iv) One (1) located in Dumas; and
(B) The lave
(v) One (1) located in McGehee.
follows:
(.C) The Twenty -Seventh District shall be served by one (1) state
(i) One (1) lc
district court judge.
(ii) One (1) 1
(D) The Twenty -Seventh District judge shall be elected dis-
(C) The We
trictwide,
district court jt
(E) The Twenty -Seventh District court shall have districtwide
(D) The'Ave:
jurisdiction_
(E) The flue
(4)(A) The Thirty -Third District shall be composed of the counties of
risdiction.
Grant and Hot Spring.
(B) The Thirty -Third District shall have five (5) as departments
History. Acts 20
p
follows:
2013, No 19$9. � 1;
(i) One (1) located in Sheridan; b
A.C.R.C. Notes.
were made to the de
(11) One (1) locate(.] in Malvern;
trict courts in consu
(iii) Ono (1) located in Donaldson;
ministrative Office of
(iv) One (I) located in Priendship; and
Amendments. Th
(v) 01W (1) ]r7t;aWcl in. Roc:lcport.
added (b)(7).
(C) The Thi rty-'Whir(] District shall be served by one (1) sta[e
16-17-1113. Rea
rli4l.rict eoull jLlc ge
(D) The Thirty -Third District judge shall be elected districtwide.
trice
(E) The Thirty -Third District court shall have districtwide juris-
(a)(1) Beginnir
diction.
that are currentl:
98 99 DIs,rRim' Coult'I's 16-17-1106
resources to all (5)(A) "State district, court," means a district court that is created by
this subchapter and has:
on courts is riot (i) Criminal jurisdiction, as established by the General Assembly;
merely shift the and
ate f;overnment (ii) Civil jurisdiction, as established by the Supreme Court.
system; (B) "State district court" includes a department of a state district,
circuit courLs in court; and
on of the district (6) "State district court judge" means a full-time ,judge:
strict court and (A) Whose salary is paid by the state;
(B) Who is not engaged in the private practice of law; and
sis by the state ((") Who is available for work in circuit court under rules adopted
for the delivery by the Supreme Court.
cleated ill § 16-
history. Acts 2007, Na. 663, § 2; 201 1, deleted former (1) throuvh (3) and In-
ate's creation of
No. 1219, § 2. sorted present (1) through (6).
Lll In creating a
Amendments. The 2011 amendment
Llle number of
fi 16-17-1103. [Repealed.)
!f ti(;'I'vlce to the
int; Lbe shift of
P'ublisher's Notes. 'Phis scc•tion, con- 2011, No 1219, § :3 Thv section v r: di -
liber of conflicts
cernint cr•caLinn of' piloL ,tate: disLricl. rived from Acts 2007, No 603, �, 2; 2009,
npr'ovI , public
cotn'I.. uclp —hips. wu.-3 repealed by Acts No, 345, § 3.
(r.Aiou of state
16-17-1104. State district court judges — Salaries.
1,:Lc oeographic
f (a) The judges who are appointed or elected to serve the courts
time judge until
created under this subchapter are state district court judges.
fammry 1. 2017;
(b) `.Phe salaries of the state district court judges are uniform ;Ind
shall be paid with moneys appropriated from the Constitutional Of i -
p one
;holll ees
cors Fund, 5 19-5-205, by the General Assembly.
from {roes and
he cont -sharing
History. Acl.s 2007, No 663• � 2; 2009, Amendments. The 2011 ,une,nclu,cIlL
No. 345, § 4; 2011, No 1219, ti 4 rewrote the section.
,r(:- 16-17-1106. Salary of state district court judges — Cost-sharing.
I 'pilin' precrdrn(;
(a:! The state shall pay the salary and benefits of state district court
judges created under this subchaf)ter.
(b)(1)(A) Each county and gown or city in a district in which a ,Lata
disLrict court judgeship is (treated under this subchapter shall pay to
t[w ,Late an aniounl, equal to its proportionate share: of one-half (1,_,)
LIT ,e,,ions of of the base salary established by law for state fiscal year 2009 for 1,11A
district's state district court judge.
N sLatc district (B) The proportionate share is calculated as follows:
e di,trict court (i)(o) Determine the sum total of the base salary paid by each
county Lind town or city in a district to that county and town or city's
ojl.iun, fur, ca,e district court judge or city court judge for- the calendar year immedi-
"snblect matter' ately preceding the creation of the state district court judgeship; and
(), 7; (b) Determine the proportion of the base salary of each county and
dist 1 ict, c•otu't, town or city to the sum total base salary of the district; and
DEC 2 2 2016
NORTHWEST ARKANSAS CITY CLERK S OFFi10E
Democrat v azette
,0PDX P.,:ui !';. __ _ I. ;.ti 79-14 21. .... ask ,19 695 ?,. . ,r,d x•< -x .... :'
AFFIDAVIT OF PUBLICATION
I Karen Caler, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat -Gazette, printed and published in
Washington County and Benton County, Arkansas, and of bona fide
circulation, that from my own personal knowledge and reference
to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord 5930
Was inserted in the Regular Edition on:
December 15, 2016
Publication Charges: $ 110.50
MEN- 10111IIII!0_1
Subscribed and sworn to before me
This 11 day of -Dec. , 2016.
(�V,V
Notary Public J(
My Commission Expires: Z12b ` T
CATHY WILES
Arkansas - Buton County r'
Notary PubliC - Comm;; 12397118
My Commission E p res F b 20 2024
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 5930
File Number: 2016-0508
AMEND § 31.18 DISTRICT JUDGE
COMPENSATION:
AN ORDINANCE TO AMEND § 31.18
DISTRICT JUDGE COMPENSATION
BECAUSE THE DISTRICT JUDGE OF
WASHINGTON COUNTY DISTRICT
COURT, FAYETTEVILLE
DEPARTMENT WILL ON JANUARY
1, 2017 BECOME A FULL TIME
STATE EMPLOYEE.
WHEREAS, A.C.A. § 16-17-1112
mandates that on January 1, 2017
Fayetteville and other cities in the
Second District (primarily Washington
County) will have their current local
district courts reorganized as state district
courts; and
WHEREAS, A.C.A. § 16-17-1106 (a)
mandates that the "state shall pay the
salary and benefits of the state district
judges created under this subchapter';
and
WHEREAS, Chief District Court Clerk
Dena Stockalper has notified the City
Administration ofthis upcoming change
including the renaming of the District
Court in her memo of October 19, 2016.
NOW, THEREFORE, 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
repeals in its entirety § 31.18 District
Judge Compensation and enacts a
replacement § 31.18 as shown below:
"§ 31.18 Washington County District
Court, Fayetteville Department.
Pursuant to state law, the former
Fayetteville District Court will be
renamed the Washington County District
Court, Fayetteville Department effective
January 1, 2017. The Washington County
State District Judges will become fill
time state employees on January 1, 2017.
The state will pay all of the Washington
County State District Judges' salaries and
benefits on and after January 1, 2017."
PASSED and APPROVED on 12/6/2016
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk Treasurer
73962682 Dec. 15, 2016