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Home My WebLink AboutORDINANCE 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