Planning Commission Minutes
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Planning Commission Minutes

Michelle Horne

Michelle Horne

Thursday, 20 April 2017 14:15

RESOLUTION 2017-04

RESOLUTION NO. 2017-04

A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JOHNSON TO UTILIZE FEDERAL-AID TRANSPORTATION ALTERNATIVES  PROGRAM FUNDS

 WHEREAS, City of Johnson understands Federal-aid Transportation Alternatives Program Funds are available at 80% federal participation and 20% local match to improve and/or install lighting on the trails, including the Razorback Greenway within the City of Johnson;

WHEREAS, the City of Johnson understands that Federal-aid Funds are available for this project on a reimbursable basis, requiring work to be accomplished and proof of payment prior to actual monetary reimbursement; and,

WHEREAS, this project, using federal funding, will be open and available for use by the general public and maintained by the applicant for the life of the project.

NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, That:

 SECTION I: The City of Johnson will participate in accordance with its designated responsibility, including maintenance of this project.

SECTION II: The Mayor and Recorder-Treasurer are hereby authorized and directed to execute all appropriate agreements and contracts necessary to expedite the construction  of the above stated project.

SECTIO Ill:               The Johnson  City  of Council pledges  its full  support and hereby authorizes the Arkansas State Highway and Transportation Department to initiate action to implement this project.

       
       
 


THIS RESOLUTION adopted this 11th day of April, 2017.

 

 

Thursday, 20 April 2017 14:13

RESOLUTION 2017-03

RESOLUTION 2017-03

 

A RESOLUTION APPROVING A MEMORANDUM  OF UNDERSTANDING BETWEEN THE CITIES OF JOHNSON AND FAYETTEVILLE, ARKANSAS, CONCERNING  THE  TRAFFIC  SIGNAL AT  JOYCE  AND WILKERSON

 WHEREAS, the Cities of Johnson and Fayetteville previously entered into an interlocal agreement that the traffic signal at the intersection of Joyce Boulevard and Wilkerson Street within the city limits of Johnson  would  be owned and  operated  by the City of Fayetteville;

WHEREAS, discussions between the cities over the last several months centered  on the  City of Johnson assuming responsibility for the traffic signal and adding  pedestrian  crossing sections  to tie in with the nearby  trailhead;

WHEREAS, future development in the City of Johnson will necessitate that  the  traffic signal  at that  intersection  be converted  into four-way operation; and,

WHEREAS, the Cities of Fayetteville, Arkansas and Johnson Arkansas have reached a Memorandum of Understanding regarding the transfer of ownership and responsibility for the operation  of the traffic signal  at that intersection;

BE IT RESOLVED  BY THE CITY  COUNCIL  OF JOHNSON,  ARKANSAS,  that:

 Section IThe  Memorandum  of  Understanding  regarding  the  transfer  of  the  traffic signal located at the intersection of Joyce Boulevard and Wilkerson Street, as attached to this resolution,  is hereby  approved  by the Council.

Section 2: The Mayor and Recorder-Treasurer are  hereby  authorized  to sign and execute the attached  Memorandum  of Understanding  with the Mayor and Clerk of the City of Fayetteville.

 
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 Section 3: Regarding the transfer of the traffic signal at Wilkerson and Joyce, that the Mayor and Recorder-Treasurer are hereby authorized and directed to take such further steps as are necessary to maintain and operate such traffic signal so as to provide the same basic service as the motoring public has enjoyed for the last couple of decades and to provide for safe crossings of Wilkerson Street by pedestrians at that location.

PASSED AND APPROVED  this 11th   day of April,  2017.

clip_image008.gifAPPROVED:

ATTEST :

 

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clip_image011.gifJ

Thursday, 20 April 2017 14:10

RESOLUTION 2017-01

RESOLUTION 2017-01

A RESOLUTION AMENDING RESOLUTION 2015-20 OF THE CITY OF JOHNSON, ARKANSAS; AMENIHNG THE BUDGE'lr FOR THE PERIOD BEGINNING JANUARY 1 , 2016 ANU ENDING DECEMBER 31, 2016.

 WHEREAS, the City Counci I has been advised of changes in various portions of the 2016 City Budget affecting  both  actual  expenses and  income ditlerent than anticipated  for 2016; and

WHEREAS, it is the opinion of the City Council that an amendment to the budget accepted by Resolution 2015-20  is required  to make appropriations for the revenue to cover the additional  and different expenses  for the year 20 I 6.

NOW, THEREFORE, IT IS HEREBY R ESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS,

 SECTION 1:    That  Resolution  2015-20 which is known as the Budget Resolution  for the City of Johnson, for the year 2016 which reflected an estimate of revenues and expenditures for the city departments did not adequate ly meet the needs of those departments. The attached budget is hereby adopted as an amendment to the budget approved by Resolution  20I5-20.

SECTION 2:    The respective  amounts in the attached  Exhibit shall be and constitute the changes  to the  budget for the year 20 I 6 as was attached  to  Resolution 2015-20.

PASSED  AND APPROVED this 10 day of   January, 2017.

Chris Keeney                       --   Mayor           -

ATTEST:

 
   

 

Municipa l/co  j Resolution  Amending  Budget 2017 010516

 
   

 General Fund

Amended 2016 Budget

 
   

 

Annual Budget

Jan 2016

                                                                                                     Dec 2016                                                                                                            

Revenue & Expenditures

Revenue

Tax Receipts

Franchise Taxes

115,000.00

Property Taxes

393,000.00

Property Taxes - Street

42,500.00

Sales Tax - City

575,500.00

Sales Tax - County

620,500.00

Turnback - State

50,000.00

Fines and Forfeitures

Court Costs - Act 1256

 

41,100.00

Fines

160,000.00

Restitution

5,600.00

Warrant  Service Charge

10,300.00

 

Fees & Permits

5% state construction surcharg Building Permits

Business Licenses Demolition Permit Flood Hazard Permit Grading Permit Mechanical Permits Sign Permits Submittal Fees

Other Revenue

 

2,950.00

52,700.00

5,200.00

1.00

200.00

1,500.00

6,575.00

290.00

7,500.00

 

City Donations

 

100.00

Copy Charges

 

360.00

Grant Funding

 

34,650.00

Interest Earned

 

3,850.00

Johnson Festival

 

2,600.00

Misc Income  - General

 

1,680.00

Misc Income - Sales

 

645.00

Police Dept Donation

 

3,500.00

Rent - Post Office

 

8,400.00

Surplus Carryover

 

300,000.00

Trash Bags

 

3,100.00

 

Revenue

$2,449,301.00

 

Expenses

 

Gross   Profit--$-2.;_,44_9..;.,3_0_1_.-oo-

 

Police Department Expense

Cell Phone

Equip less $500 - Police Equip less $500 - vehicle Equip over $500 - Police Equip over $500 - Vehicle Fuel

General Expenses  < $500

Gross Wages Police LOPFI Funding Maintenance for equip PD Membership Dues PD Office Expense

 

2,050.00

1,500.00

925.00

3,385.00

5,080.00

17,000.00

1,800.00

502,500.00

50,000.00

50.00

100.00

12,000.00

 

clip_image008.gif

 

clip_image009.gif

clip_image010.gifGeneral Fund

Amended 2016 Budget

 

clip_image011.gif

 

 

 

 

PD Safety  Equip PD Travel Expense

Police Dept Donation Police Overtime Wages Purchase  New PD Unit

Records Management System Ruling 8.1  Court Fee

Tower Rental Training

Uniforms Expense Vehicle Insurance Vehicle Maintenance

Administrative  Expense

S% State Construction Surcharg Admin Expense

Building Official Expenses Capital Outlay (over $500) Code Red

Gross Wages - City

Land Purchase

Office Expenses - Admin Overtime  Wages-  City Petty Cash Expense Schematic  City Master Plan

Trans to Street - Property Tax Transportation Allowance Trash Bags

Travel Expenses Unemployment Fee

Fire Department Expense

Fire Truck Insurance JAVFD Contribution JAVFD Vehicle Expense

Court Expense

Court  Clerk Training Court Office Expense Court Office Overtime Gross Wages Court Office Gross Wages Dist. Judge

Benefits Expense

APERS Expense

City Match - 401 K Plan Medical Insurance Medicare - Employers One Time  Pay Increase

Social Security - Employers Workers  Comp Insurance

General Expense

 

Annual Budget

Jan 2016

clip_image012.gifDec 2016

1,330.00

2,530.00

5,750.00

7,100.00

15,400.00

13,500.00

4,200.00

3,200.00

5,550.00

9,500.00

3,350.00

12,300.00

3,105.00

775.00

2,875.00

1.00

1.00

225,000.00

111,800.00

23,650.00

500.00

105.00

1.00

44,330.00

3,600.00

5,445.00

410.00

5,000.00

1,850.00

277,500.00

50.00

350.00

4,150.00

1.00

116,500.00

13,710.00

2,000.00

13,000.00

91,500.00

12,650.00

3,900.00

54,000.00

14,595.00

 

Animal  Impound Fees

200.00

Bldg & Equip Maint

10,250.00

Election Fee

2,125.00

Fire Hydrant Rental

2,325.00

Hazmat

1,300.00

 
  clip_image013.gif

 

 

clip_image014.gif

clip_image015.gifGeneral Fund

Amended  2016 Budget

 

clip_image016.gif

 

 

 

 

Insurance - Property Misc Expenses

Transfer to Street - Misc/Fund Utilities Expense

Professional  Services Expense

Engineering for 56th Street Engineering/Infrastructure Engineering/Mapping Engineering/Ordinance Updating Engineering/Storm Water Mgmt Engineering/Submitted Plan Rev Legal Fees

Planning and Zoning Special Attorney Fees

Dues and Membership Expense

 

Annual Budget

Jan 2016

clip_image017.gifDec 2016

2,010.00

1.00

100,000.00

25,000.00

1.00

12,620.00

2,900.00

1.00

17,600.00

41,230.00

32,100.00

4,500.00

18,200.00

 

Erner  Medical Serv

28,400.00

Membership Dues

3,900.00

ORT Fair Share Contribution

5,000.00

Solid Waste District Contribut

3,775.00

Park Expense

 

Park Expense

3,360.00

Park Expense -  Restroom

1,110.00

Repair/ Maintenance Expense

Trail  System Expenses

16,125.00

Advertising & Promotion Expens

e

Advertising

3,800.00

Johnson Festival

2,050.00

Public Relations

1,175.00

Expenses--$2,053,512.00

Revenue Less Expenditures             $395,789.00

Net Change  in Fund Balance           $.,..._93_.    5_,=7s_9 0_0-

 

 

Fund Balances

Beginning Fund Balance

Net Change in Fund Balance Ending Fund Balance

 

0.00

395,789.00

0.00

 

 

 

 

clip_image020.gifStreet Fund

Amended 2016 Budget

 

clip_image021.gif

 

 

 

Revenue & Expenditures

Revenue

Tax Receipts

 

Annual Budget

clip_image022.gifJan 2016 Dec2016

 Expenses

Labor Expense

Gross Wages - Street

 Revenue               ....$.;.4._5...6.;,..2._0_5._00 Gross Profit                                 $456,205.00

 

 

 

Property Taxes - Street

44,350.00

Turnback - State - Street

221,575.00

Other Revenue

Grant Funding

10,000.00

Interest Earned

280.00

Surplus Carryover

80,000.00

Transfer from Gen Fund - Gener

100,000.00

 

96,400.00

 

Street Wages Overtime

Benefits Expense

 

1,150.00

 

City Match - 401 K Plan

1,660.00

Medical Insurance

14,250.00

Medicare - Employers

1,430.00

One Time Pay Increase

880.00

Social Security - Employers

60,100.00

Uniforms - Street

1,200.00

General Expense

 

__---

 

Electric - Street Lights

22,400.00

Fuel - Street Vehicles

5,900.00

Signal Maintenance

2,450.00

Street Cell Phone

1,000.00

Street  Equipment Replacement

22,000.00

Street Shop Misc

1,400.00

Street Signs

525.00

Street Sweeping

2,260.00

Vehicle Insurance - Street

2,155.00

Repair/ Maintenance Expense

Equipment  Maintenance

8,800.00

Street Repairs & Maint

26,000.00

Winter Chat

100.00

 

Expenses                                           $272,060.00 Revenue Less Expenditures           ....$.;.1._8..4..;,..1._45.00 Net Change in Fund Balance                                           $184,145.00

Fund Balances

 

Beginning  Fund Balance

Net Change in Fund Balance Ending Fund Balance

 

0.00

184,145.00

0.00

 

 

 

 

clip_image025.gifAct 1256

Amended 2016 Budget

 

clip_image026.gif

 

 

 

Revenue & Expenditures

Revenue

Fines and Forfeitures

Court Costs - Act 1256

 

Annual Budget

clip_image027.gifJan 2016 Dec2016

 

86,384.00

Revenue                    $,8:_6:..,.3.,8_ 4.00

 

 

Expenses

Other Expense

 

Gross Profit               $86,384.00

 

Court Cost - General Fund

41,867.00

Court Costs - Dept. of Fin

16,034.00

Court Costs - LOPFI (Johnson)

6,256.00

Court Costs - WA County

22,227.00

Expenses

$86,384.00

 

 

Fund Balances

Beginning Fund Balance

Net Change in Fund Balance Ending Fund Balance

 

0.00

0.00

0.00

 

clip_image029.gif

clip_image030.gifAct988

Amended 2016 Budget

 

clip_image031.gif

 

 

 

Revenue & Expenditures

Revenue

Fines and Forfeitures

No Ins Fine/Act 988

Other Revenue

Surplus Carryover

 

Annual Budget

clip_image032.gifJan 2016 Dec2016

 

 

 

 

30,450.00

40,000.00

clip_image033.gif

Revenue               $70,450.00

 

 

Expenses

 

Gross Profit                     $_7_0_,-4S_O   o o

 

Expenses                   $...6.;.6...,.;3._0_0._00

 

Police Department Expense

 
  clip_image034.gif


Purchase New PD Unit                                           66,300.00

Revenue Less Expenditures                                                                ...$.;.4....,;1._5_0._00 Net Change in Fund Balance                                                                             $4,150.00

 

Fund Balances

 

Beginning Fund Balance

Net Change in Fund Balance Ending Fund Balance

 

0.00

4,150.00

0.00

 

clip_image035.gif

 

clip_image036.gifclip_image037.gifCourt Automation Fund

Amended  2016 Budget

 

clip_image038.gif

 

 

 

Revenue & Expenditures

Revenue

Other Revenue

Court Auto Fee Surplus Carryover

Expenses

Other Expense

 

Annual Budget

clip_image039.gifJan 2016 Dec2016

 

 

 

 

14,060.00

9,000.00

clip_image033.gif

Revenue               $23,060.00 Gross Profit---$ 2-3.;..,0_6_0_.0_0

 

 
  clip_image040.gif

 

__---         -

 

Court Automation                                              16,895.00

Expenses               $16,895.00

Revenue Less Expenditures                                                                 $6.,;1..65.00 Net Change in Fund Balance                                                               $6,165.00

Fund Balances

 

Beginning  Fund Balance

Net Change in Fund Balance Ending  Fund Balance

 

0.00

6,165.00

0.00

 

clip_image041.gif

 

clip_image042.gif

clip_image043.gifLOPFI

Amended  2016 Budget

 

clip_image044.gif

 

 

 

Revenue & Expenditures

Revenue

Fines and Forfeitures

Court Costs - Act 1256

Other Revenue

 

Annual Budget

Jan 2016

clip_image045.gifDec 2016

 

 

 

 

 

6,256.00

 

Interest Earned                                                        81.00

LOPFI FUNDING                                               50,000.00

Trans Employee Contribution                         12,750.00

Revenue               $69,087.00

 

 

Expenses

Benefits Expense

 

Gross Profit      

 

$,....6"""'9,....,0.,....8,....7--.0--0.,..

 

 
  clip_image046.gif


Retirement Expense                                         79,235.00

Expenses---$79,235.00

---- -

 

Revenue Less Expenditures                                                              ($10,148.00) NeCthange in Fund Balance            ($10,148.00)

Fund Balances

 

Beginning  Fund Balance

Net Change in Fund Balance Ending Fund Balance

 

0.00

(10,148.00)

0.00

 

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Thursday, 20 April 2017 14:06

RESOLUTION 2017-01

Tuesday, 21 February 2017 15:28

FEBRUARY 02, 2017

JOHNSON PLANNING COMMISSION

AGENDA FOR

PUBLIC MEETING

PUBLIC HEARING

BOARD OF ADJUSTMENTS MEETING

February 2, 2017 – 6:00 PM

PUBLIC MEETING IS CALLED TO ORDER

**** Approval of January 5, 2016 Meeting minutes.

Old Business:

**** Overlay progress report

**** Master Street Plan review

**** Main Street and Wilkerson Street Feasibility Study

**** Morgan Hooker presentation of a proposed road section of Johnson Mill Boulevard within the Johnson Square PUD

New Business:

**** Petition 2016-25: Request for Property Line Adjustment for property located at 3906 Johnson Mill Boulevard. Requested by Willian Gagner, representative for MC James, LLC, owner.

MOTION TO ADJOURN PUBLIC MEETING

PUBLIC HEARING IS CALLED TO ORDER

         

Comment from the Public regarding Petition 2016-24: Request for Rezoning from C-1 to C-2 for property located at 1597 Main Drive. Requested by Joseph Orr of Blew & Associates for James McAdow, Sherrie McAdow and Kaye Hanks, property owners.

PUBLIC HEARING IS CLOSED

BOARD OF ADJUSTMENTS MEETING IS CALLED TO ORDER

 

Old Business:

**** Petition 2016-24: Request for Rezoning from C-1 to C-2 for property located at 1597 Main Drive. Requested by Joseph Orr of Blew & Associates for James McAdow, Sherrie McAdow and Kaye Hanks, property owners.

MOTION TO ADJOURN BOARD OF ADJUSTMENTS MEETING

Tuesday, 21 February 2017 14:19

FEBRUARY 23, 2017

JOHNSON PLANNING COMMISSION

AGENDA FOR

WORK SESSION/PUBLIC MEETING

February 23, 2017 – 5:30 PM

CALL TO ORDER

**** Discussion of State law and City Ordinances related to Planning Commission and the Board of Adjustment. City Attorney Danny Wright

-          Q & A relating to above
**** Discussion of the newly implemented public hearing and public meeting order with regard to the agenda. Susan Anders 

**** New Planning commission calendar with new submittal dates. Clay Wilson

**** Discussion of City’s Staff involvement and the Planning Commission involvement in preparing the Agenda. Clay Wilson

MOTION TO ADJOURN

Thursday, 16 February 2017 17:56

RESOLUTION 2016-11

RESOLUTION CONCERNING  APPOINTMENT  AND  APPROVAL OF MUNICIPAL  ATTORNEY  FOR THE  CITY  OF JOHNSON, ARKANSAS.

WHEREAS , Ordinance No. 20 I 0-06 of the City of Johnson established the procedure for appointment of a Municipal  Attorney and set terms  for such appointments;   and.

WHEREAS, the appointment of Daniel  Wright as City  Attorney expires  1 2-3 1- 201 6; and,

WHEREAS, Chris Keeney, as Mayor. has and does hereby appoint Daniel Wright to serve as M un icipa l/City Attorney  for the City of Johns on, Arkansas , for the term  beginning  1-1-2017, and ending 1 2-3 1 -2018 and ,

WH EREAS , such appointment is subject to City Ordinance No. 20 I 0-06 and other Ordinances and Reso lut ions regarding termination, resignation, duties, responsibilities, and other issues touched upon therein;

NOW, THEREFORE,  BE IT RESOLVED  BY THE  CITY  COUNCIL  OF JOHNSON,  ARKANSAS,  that:

I.             The appointment  of  Daniel  Wright as  Municipal City Attorney  for the City of Johnson, Arkansas, for the term of 1-1-2017 through 12-31-2018, subject to the  provisions  of  0rdinance  No.  2010-06  and  other  Resolutions  and Ordinances,  is  hereby  approved  and  ratified .

  1. That the Agreement for Service attached  hereto is hereby  ratified and approved. The  Mayor and

Recorder /Treasure r of the City of Johnson are hereby authorized to execute such in the name of and on behalf of the City of Johnson, and payment to the attorney pursuant to such Agreement  is hereby authorized.

PASSED AND APPROVED this 13th day of December,              2016

CITY OF JOHNSON , ARKANSAS

ATT ES T :

 
   
Thursday, 16 February 2017 17:51

RESOLUTION 2016-15

RESOLUTION 2016-15_

A RESOLUTION AUTHORIZING EXECUTION OF CONTRACT WITH TOMLINSON ASPHALT CO., INC. TO COMPLETE CONSTRUCTION OF CAROL E. VAN SCYOC TRAILHEAD

WHEREAS, the City, using in-house personnel and equipment, made some progress toward the construction of the Carol E. Van Scyoc Trailhead (Trailhead) but has determined that the City lacks the personnel, equipment and skills to complete the trailhead in accordance with the plans prepared by Earthplan Design Alternatives , P.A. (EDA).

WHEREAS, EDA has prepared detailed plans and contract documents for the construction, and completion of the Trailhead, advertised for interested bidders, received and tabulated bids and consulted with the City concerning the most acceptable and advantageous bid.

WHEREAS, the City Council desire to accept the bid of Tomlinson Asphalt Co., Inc. (Tomlinson) to complete the Trailhead in accordance with their bid including the alternate item.

WHEREAS, the Council believes this project should be pursued n a prompt manner and that the City is able to pay for the project without adversely affecting other services provided to our residents.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS, that:

  1. That the Contract Documents dated October 2, 2016, prepared by EDA which incorporates the bid (with alternate)of Tomlinson Asphalt C0., for completion of the Carol E. Van Scyoc Trailhead for the price of $97,387.02 (per the bid) are hereby approved and accepted.
    1. That the Mayor and Recorder-Treasurer are authorized to take such steps as are necessary to execute the Contract Doc
  1. That the Mayor and Recorder-Treasurer are authorized to take such steps as are necessary to execute the Contract Documents dated October 2, 2016, prepared by EDA for completion of the Carol E. Van Scyoc Trailhead, on behalf of the City, and to make payment as provided in such contractdocuments.

PASSED  AND APPROVED this  13        day of December, 2016.

       
       
 

Thursday, 16 February 2017 17:48

RESOLUTION 2016-14

RESOLUTION NO. 2016-04

A RESOLUTION AMENDING THE JOHNSON POLICE DEPARTMENT POLICY & STANDARD OPERATING PROCEDURE MANUAL TO ADOPT POLICIES AND PROCEDURES FOR POLICE BODY CAMERA RECORDING.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JOHNSON, ARKANSAS:

Section 1:        The Table of Contents of the Johnson Police Department Policy & Standard Operating Procedure Manual is hereby amended by deleting the topic under Section 65 in its entirety and substituting the following:

"A.        VEHICULAR AUDIO/VIDEO RECORDING EQUIPMENT

B.       BODY-WORN AUDIO/VIDEO RECORDING EQUIPMENT"

Section 2:       The heading of Title 65, reading:

"SECTION 65

MOBILE  VIDEO/AUDIO  RECORDING  EQUIPMENT"

is hereby deleted in its entirety and replaced with the following:

"SECTION 65

"PART A: VEHICULAR VIDEO/AUDIO RECORDING EQUIPMENT" "PART B: BODY-WARN VIDEO/AUDIO RECORDING EQUIPMENT"

Section 3:        Section 65 is hereby amended by adding after the heading in Section 2, and prior to the text, the following division heading:

"PART  A:   VEHICULAR  VIDEO/AUDIO  RECORDING  EQUIPMENT"

Section 4:        Section 65 is hereby amended by adding after the text of Part A, the following:

"PART B: BODY-WORN VIDEO/AUDIO RECORDING EQUIPMENT

POLICY:  It is the policy of this department to provide officers as designated by the Chief of Police with Body-Worn Video Recording (BWV) devices as feasible. Officers shall activate the BWV  when  such  use is appropriate  to the  proper


performance of his or her official duties and/or where the recordings are consistent with this policy and law. This policy does not govern the use of surreptitious recording devices used in undercover operations or in-car-video covered under separate policy or directive.

PURPOSE: The purpose of this policy is to direct Officers and Supervisors in the proper use and maintenance of BWV as well as directing how video will be utilized as a quality control mechanism and evidence.

DEFINITIONS:

Law Enforcement Contact: A law enforcement contact for the purposes of this policy is any contact or activity whereby an Officer stops a person's movement by a means intentionally applied or conducts any activity requiring probable cause, reasonable suspicion, or consent to form the legal basis for the conduct. A law enforcement contact or activity does not include mere conversation or other contact outside the scope of a law enforcement purpose when such contact does not require any legal basis.

PROCEDURES:

l. Officers using BWV equipment shall be trained in its use, maintenance, and required documentation and storage of such recordings.

  1. Officers using BWV equipment will test such equipment at the beginning of each tour of duty or special event to ensure proper operation and required battery life. Improperlyfunctioningequipmentshallbereportedtotheimmediatesupervisoror other reporting mechanism established by this department for purpose of replacement orrepair.

  1. Officers assigned BWV equipment are required to wear such devices unless otherwise directed by the Chief of Police or their designee or other unforeseen circumstances preventthewearingofthedevice.BWVwillbewornontheofficer's bodyinamannerthatwilloptimizetherecordingofevents.

  1. BWV activation is limited to situations involving official police activities authorized by law or court order, including consensual citizen encounters and investigation of law violations. Officers are authorized to record events when the officer is a party to the conversation, or when an individual is in custody and there is generally no expectation of privacy. Officers will audibly and video-graphically record, as feasible, the following events, including but not limitedto:

  1. Calls for service in which a law enforcement contact ismade;

  1. Trafficstops;


  1. All transports  excludingride-alongs;

  1. Investigativestops;

  1. Footpursuits;

  1. Arrests,  Searches,Seizures;

  1. Consensual encounters;

  1. Verbal  Witness/SuspectStatements;

1.         Miranda  Warnings,  Arrestee Interviews;

J.            When  arriving  at  law  enforcement  contacts  and/or citizen  contacts initiated  by other officers;

  1. Other incidents the officer reasonably believes should  be  recorded for law enforcement purposes.

  1. Officers will make reasonable efforts to ensure the BWV recording equipment is accurately capturing events. Officers are prohibited from turning off the  BWV  during any citizen contact or law enforcement contact, unless otherwise  authorized  by this policy, and Officers shall not erase, alter, modify or tamper with BWV recordings.
    1. Recording shall continue until the law enforcement contact or citizen contact is completed and the citizen involved departs or the officer discontinues his or her participation  in the law enforcement  contact or citizen contact  by leaving thescene.

  1. In the event an officer deems it  necessary  to stop recording  or becomes  aware that a recordable event  was not recorded, the officer will document  such  event.

ISSUES  RELATED  TO PRIVACY:

  1. BWV should not be activated when: the officer is on break, engaged in personal activities,  involved  with citizen encounters  outside the scope of a law enforcement contact or purpose, or when the officer is in a location under circumstances  requiring a respect for an expectation  of privacy such as a  restroom, locker room, or other area when people are in an exposed or otherwise compromised state. However, should exigent circumstances  develop  where the need to record an event outweighs any  privacy concern, the officer will activate  the device where feasible  to do  so.
  2. BWV will not be activated when encountering undercover officers or confidential informants  and such encounters should  not be recorded.


  1. When entering a residence that requires the consent of the resident, Officers will inform the resident that he or she is wearing an activated recording device and request permission to continue recording the encounter. If the resident wishes not to be recorded in the interior of their home, Officers will document that desire via theBWVandturnoffthedevicefortheremainderofthecontact.However,should exigent circumstances develop where the need to record the event outweighs any privacy concern, the officer will reactivate the device where feasible to do so irrespective of the resident'sdesire.

  1. When legally entering a residence without the consent of the resident, such as serving a warrant or exigent circumstances, or undercover operations, recordings willbemadeoftheincidentuntilitsconclusion.

  1. The BWV will not be activated during personal or administrative conversations betweenofficers,orbetweenofficersandsupervisors.

ELECTRONIC STORAGE:

  1. OriginaldigitalfilesfromaBWVwill bedownloadedandstoredonadesignated network server orother electronic network storage.

  1. Officers will make reasonable attempts to download video/audio files beforethe end of each tour of duty or specialevent.

  1. Non-evidentiary video/audio recordings will be maintained in electronic storage or the network server for a period of time as directed by the Chief of Police or designeebutinnocasewillbeheldlessthanotherwiserequiredbyArkansaslaw or court decision relatingthereto.

  1. Video/audio recordings determined to be evidentiary in any criminal or civil proceeding shall be copied to DVD or other media and handled in accordance with departmental regulations regarding electronic evidence or work product. RecordingswillbemaintainedinaccordancewithArkansaslawrelatedtopolice municipal records as outlined in ACA 14-2-204. If a written request is received, recordings which pertain to civil matters will be maintained for a minimum of three years or until such a time as the civil matter is resolved and all time for appeal hasexhausted.

  1. This agency will maintain a duplicate electronic file of recordings submittedto other agencies for court or otherpurposes.

  1. All recording media, recorded images and audio recordings are the propertyof this agency. Dissemination outside theagency for reasons other than criminal


prosecution is strictly prohibited without specific authorization of the Chief of Police or designee.

  1. Maliciousdestructionordeletionofvideoandaudiofilesisprohibited.

  1. All video and audio files are subject to open records request asallowed by Arkansaslaw.

  1. Electronicmediawillbestored inamannerdesignatedbytheagency.

  1. If a recording is used in a disciplinary action resulting in suspension or termination against an employee, the recording shall be held for a minimumof three(3)yearsfromthecompletionofthedisciplinaryaction.

  1. ElectronicMediaissubjecttoreview bytheChiefofPoliceordesignee.

  1. Otherthanforpurposesrelatedtoprosecution,videoshallnotbereproduced withouttheexpressauthorityoftheChiefofPoliceordesignee.

  1. First line supervisors or a designee should review a random sample of BWV recordings quarterly for each officer supervised for policy, training and legal compliance. After review, the supervisor will document the review and any supervisory actions taken. Supervisors should meet with individual Officers to provide guidance, training and correction when required. Supervisors will initiate formal counseling or internal affairs procedures as the need arises. When correctiveactionistaken,aspecialreviewmaybeimplementedforthatparticular officerforasetdurationoftimeinordertoensurecompliancewiththecorrective action.

BWV EVIDENTIARY/ADMINISTRATIVE PROCEDURES:

  1. When an officer becomes aware that a BWV recording contains potential evidence of a criminal or administrative matter, the officer is required to ensure the video is uploaded to the network server (or other storage medium) and document such recording via police report and/or other procedures establishedby thisdepartment.
    1. When a BWV related to evidence of a criminal or administrative matter is recorded, the evidence custodian will ensure the video is uploaded tothe network server or other electronic media and disseminated per department procedure
  1. Where there is any indication that the BWV may contain "Brady" materia l, that recording must be saved and turned over to the prosecutor assigned to the case in accordance  with  the "Duty  to Disclose"  policy of thisdepartment.
    1. Civilians shall not be allowed to review recordings except as approved by the Chief of Police or designee, through the process of evidentiary discoveryand
    2. F.0 .1.A. request; all such events shall be documented."

Section 5:        In all other respects, the Johnson Police Department Policy & Standard Operating Procedure Manual is not amended or modified and is hereby ratified and confirmed.


PASSED AND APPROVED th is {W             day of &                      

I


, 2016.


ATTEST:

Thursday, 16 February 2017 17:47

RESOLUTION 2016-13

RESOLUTION NO. 2016-13

A RESOLUTION CONFIRMING APPOINTMENT BY DISTRICT JUDGES JEFF HARPER AND GRAHAM  NATIONS OF RACHEL GUENTHER AS COURT  CLERK FOR THE JOHNSON DEPARTMENT OF  THE WASHINGTON COUNTY DISTRICT COURT AND THE APPOINTMENTS OF SUZY WALKER AND CHERYL MORGAN AS DEPUTY COURT CLERKS AND CITY COUNCIL DESIGNATION OF COLLECTOR FOR THE JOHNSON DEPARTMENT.

 

WHEREAS, effective January 1, 2017, the District Court Judges have appointed Rachel Guenther as Court Clerk for the Johnson Department of the Washington County District Court pursuant to ACA § 16-17-211, and have appointed Suzy Walker and Cheryl Morgan Deputy Court Clerks pursuant to ACA Sec. 16-17-106.

WHEREAS, the District Judges have also nominated Rachel Guenther as collector of all fines, costs and other sums due to said Court.

WHEREAS, appointment of the Deputy Court Clerks by the District Court Judge, pursuant to ACA § 16-17-106, requires approval of such appointments by the City Council.

BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF JOHNSON, ARKANSAS,

That:

Section 1:        The appointment of Rachel Guenther as Court Clerk and the appointment of Suzy Walker and Cheryl Morgan as Deputy Court Clerks for the Johnson Department of the Washington County District Court by District Judges Jeff Harper and Graham Nations, effective January 1, 2017, is hereby approved.

Section 2:        The City Council of Johnson pursuant to ACA Sec. 16-13-709(a)(2)(A)(i) hereby designates Rachel Guenther, Court Clerk, as the collector of all fines assessed, costs levied and other sums due the Johnson Department of the Washington County District Court.

PASSED AND APPROVED this 13th day of December, 2016.

ATTEST:                                                                    

coj Deputy Court Clerk Res 112216