Classification, Administration and Personnel - C2

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Classification, Administration and Personnel

 

CLASSIFICATION, ADMINISTRATION

AND PERSONNEL

 

Chapters:

2.04     City Classification

2.08     Ward Boundaries

2.12     Social Security Coverage

2.16     City Council

2.20     Mayor

2.24     Recorder/Treasurer

2.28     City Attorney

2.32     Fire Department

2.36     Police Department

2.40     Springdale District Court, Johnson Department

2.44     Election Clerks and Judges

2.48     Personnel Policy

CHAPTER 2.04

 

CITY CLASSIFICATION

 

Sections:

2.04.01            Classification of city

2.04.01 Classification of city Johnson is hereby declared to be a city of the second class. (Ord. No. 132, Sec. 1.)

STATE LAW REFERENCE - See A.C.A. 14-37-103.

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CHAPTER 2.08

WARD BOUNDARIES

 

Sections:

2.08.01            Ward boundaries

2.08.01 Ward boundariesThe ward redistricting plan as shown on the map which is attachedhereto and made a part hereof, be and is hereby adopted, with said map to serve hereafter as theofficial Ward Map for the city of Johnson, Arkansas. (Ord. No. 2012-4, Sec. 1.)

 

CHAPTER 2.12

 

SOCIAL SECURITY COVERAGE

 

Sections:

2.12.01            Contract

2.12.02            Withholding taxes from wages

2.12.03            City to match withholding

2.12.01 Contract The Mayor and the Recorder/Treasurer of the city of Johnson, Arkansas, are hereby authorized and directed to enter into an agreement with the state of Arkansas for the purpose of obtaining insurance coverage for the employees of the city under the terms and provisions of the Federal Social Security Act. (Ord. No. 36, Sec. 1.)

2.12.02 Withholding taxes from wages Commencing January 1, 1975, each employee’s insurance contribution shall be deducted from his salary check in accordance with the terms and provisions of the said Social Security Act. (Ord. No. 36, Sec. 2.)

2.12.03 City to match withholding Commencing January 1, 1975, there is hereby appropriated from the general fund of the city of Johnson, Arkansas, the sums of money necessary to pay the city's share of the insurance tax in accordance with the terms and provisions of the Social Security Act. (Ord. No. 36, Sec. 3.)

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CHAPTER 2.16

CITY COUNCIL

 

Sections:

2.16.01            Salary of Councilmembers

2.16.02            Terms

2.16.01 Salary of Councilmembers The salary of Councilmembers shall be determined each year by the city budget.   Pursuant to the provisions of Resolution No. 2011-13, that salary shall be paid at or following the regular December meeting in each calendar year and the pay shall be for the preceding twelve months. (Ord. No. 98-12, Sec. 1.)

2.16.02 Terms

A.        There be, and there is hereby called an election to be held onTuesday, November 6, 2012 at which election there shall be submitted to the electors of the city

of Johnson, Arkansas, the question of electing the two alderman from each ward to four year terms, which four year terms will be effective in 2015 for half the alderman elected in 2014 and thereafter as provided in ACA § 14-44-103 (a) (5) (A and B).

 

B.        The Council hereby adopts four (4) year terms for alderman elected in

2014 and thereafter as provided in ACA § 14-44-103 (a) (5) (A and B), however, this ordinance shall not be effective until after the election called in Section (A) above has been held and the four (4) year alderman terms has been approved by the voters. (Ord. No. 2012-7, Secs. 1-2.)

CHAPTER 2.20

MAYOR

 

Sections:

2.20.01            Mayor’s salary

2.20.01 Mayor’s salary Effective January 1, 2012, the salary for the Mayor of Johnson, Arkansas, shall be determined each year by the city budget, payable on the 15th and last day of each month. (Res. 2011-13.)

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CHAPTER 2.24

RECORDER/TREASURER

 

Sections:

2.24.01            Duties

2.24.02            Supervisory authority

2.24.03            Changes

2.24.04            Salary

2.24.01 Duties of Recorder/Treasurer The office of Recorder/Treasurer of the city of Johnson, Arkansas, whether that office be filled by election as prescribed in Ord. No. 132, or filled as prescribed by A.C.A. 14-44-116, shall have, assume and carry out the following duties:

A.        To maintain and provide for the safekeeping of all city documents which the city is required to keep, maintain, store, and otherwise preserve for public viewing and reference, by-laws, statutes, ordinance or acts of this city, Washington County, the state of Arkansas, or the government of the United States.      

B.        To record, by minutes, and otherwise keep a regular and correct journal of the proceedings of the City Council of Johnson, Arkansas.

C.        To provide in concert with other city officials and post for public notice the dates, times and places of all official meetings for the City Council of Johnson, Arkansas, and committees thereof, including the agenda of same.

D.        To submit monthly a full report and detailed statement of the financial condition of the city showing receipts, disbursements and balance on hand, together with all liabilities of the city to the City Council in public session.

E.         To prepare and arrange for the publication of official notices such as requests for bids, conducting of public hearings, ordinances, elections, etc., as required by law.

F.         To assist in the preparation of the city’s budget and review disbursements as to allocation of expenditures to proper budget areas.

G.        To administer the city’s payroll, insurance programs, as well as relief and pension funds.

H.        To administer, excepting court accounts, all accounting records, maintain accounts receivable and accounts payable records, including regular periodic balancing of all financial accounts relating to expenditures and receipts. (Ord. No. 96-25, Sec. 1.)

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2.24.02 Supervisory authority The office of Recorder/Treasurer of the city of Johnson, Arkansas, whether that office be filled by election as prescribed in Ord. No. 132 or filled as prescribed by A.C.A. 14-44-116, shall review and have supervisory authority over the following city actions:

A.        Preparation of ordinances and resolutions

B.        Instructing and training employees

C.        Collection of taxes and fees

D.        Issuance of various licenses and permits

E.         Purchases and acquisitions to ensure adherence to budgetary restrictions and limitations

F.         Handling and processing of zoning and re-zoning applications

G.        Providing services as secretary to various city boards and committees or commissions (Ord. No. 96-25, Sec. 2.)

2.24.03 Changes From time to time the Council may add or delete from the duties and responsibilities set forth hereinabove as law or the needs of the city may dictate, such changes shall be effected by ordinance. (Ord. No. 96-25, Sec. 3.)

2.24.04 Salary Effective January 1, 2012, the salary for the Recorder/Treasurer of Johnson, Arkansas, shall be determined each year by the city budget, payable on the 15th and last day of each month. (Res. 2011-13.)

                                                                             

CHAPTER 2.28

CITY ATTORNEY

 

 

Sections:

2.28.01            Appointment

2.28.02            Term of office

2.28.03            Contract for services

2.28.04            Duties

2.28.05            Compensation

2.28.06            Special conditions

2.32.01 Appointment  The Mayor, with the advice and consent of the City Council, will appoint a licensed Arkansas attorney to fulfill the duties of the City Attorney for so long as the city qualifies to appoint a City Attorney under A.C.A. 14-43-319. (Ord. No. 2010-6, Sec. 1.)

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2.28.02 Term of office The term of office for the City Attorney shall be two (2) years and shall begin January 1 of an odd-numbered year, and end December 31 of the following even-numbered year. Nothing herein shall prohibit the Mayor, with consent of the Council, from terminating a City Attorney and nothing herein shall prohibit a City Attorney from resigning, however, in either event the giving of thirty (30) days’ advance written notice shall be required. (Ord. No. 2010-6, Sec. 2.)

2.28.03 Contract for services The City Attorney will perform such duties as are hereinafter described and delineated, and such other duties, as, from time to time, may be assigned by the Mayor or the City Council. A Contract for Services prescribing the salary, other fees, expenses and benefits to be paid such appointed City Attorney shall be entered into periodically. (Ord. No. 2010-6, Sec. 3.)

2.28.04 Duties For the compensation, benefits and consideration set forth in the Contract for Services with the appointed City Attorney, he/she shall perform the following:

A.        Attend City Council meetings and advise the city on municipal matters;

B.        Communicate with and advise city officials and/or employees regarding municipal matters;

C.        Prepare such ordinances and resolutions as are needed for normal operations of the city;

D.        Prosecute cases in the Springdale District Court, Johnson Department.

            (Ord. No. 2010-6, Sec. 4.)

2.28.05 Compensation For compensation to be delineated in the Contract for Services, the City Attorney may be requested or assigned by the Mayor or the City Council to perform services or assume special responsibilities beyond those anticipated by the foregoing.

Such projects may include, but are not necessarily limited to, criminal appeals, legal efforts/consultation and/or litigation of city matters not in the Springdale District Court, Johnson Department; bond issues, legal efforts/consultation and/or litigation of matters related to Johnson Area Volunteer Fire Department, special meetings, reviewing/consultation involving financing issues, condemnation and right-of-way matters, tax ordinances, and the purchase, sale or lease of property.

These services shall be compensated at an hourly rate as set forth in the Contract for Services and will be billed as the matter is handled in lengthy proceedings/matters. The City Attorney may recommend that additional legal counsel be hired by the city as the matter requires, however, the City Council shall make the final determination in every case and such other counsel shall be compensated as agreed. (Ord. No. 2010-6, Sec. 4.)

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2.28.06 Special conditions Recognizing a City Attorney should be a member of the Arkansas City Attorney’s Association and attend continuing education classes for City Attorneys, the city agrees to pay a pro-rata share of such membership and education costs, as determined by the Contract for Services. (Ord. No. 2010-6, Sec. 5.)

 

 

CHAPTER 2.32

 FIRE DEPARTMENT

 

Sections:

2.32.01            Hazardous materials incident

2.32.02            Key lock box

2.32.01 Hazardous materials incident

A.        Definition

Hazardous materials incident shall mean any incident involving the release, spill, leak or other undesirable accumulation of any substance for which a Material Safety Data Sheet (MSDS) is required under Section 311 of the Emergency Planning and Community Right to Know Act of 1986 (Public Law 99-499) or any incident believed to be such an occurrence at the time of the Johnson Fire Department’s response.

B.        Rates, reimbursements, collections and records The Fire Department of the city of Johnson is hereby authorized to bill and collect from recipients of services for all costs incurred by the Johnson Fire Department responding to a hazardous materials incident, including, but not limited to:

1.         A charge of Two Hundred Dollars ($200.00) for the first hour, and One Hundred Dollars ($100.00) for each additional hour for each major piece of fire apparatus which responds to the incident, and

2.         The replacement costs of all expendable equipment and supplies used by the Johnson Fire Department in managing and mitigating the incident, including any equipment damage or made unusable by contamination, and

3.         All costs incurred by Johnson Fire Department for any labor, materials or supplies provided by third parties at the request of the Johnson Fire Department, including, but not limited to a hazardous materials emergency response team (Res. 2012-4), local government entities, business and industrial facilities, specialists, consultants, and utilities, and any other costs necessary to manage and mitigate the incident.

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4.         The Johnson Fire Chief, or his designated representative, shall collect charges due the city for the provision of hazardous materials incidents services and shall prepare and issue statements for charges to persons, corporations, partnerships, or any other entities, who are provided hazardous materials incident services under this ordinance. (Ord. No. 99, Secs. 1-2.)

            2.32.02 Key lock box

A.        Commercial or industrial structures protected by an automatic alarm system or automatic fire suppression system shall be equipped with a key lock box at or near the main entrance or such other location as required by the Fire Marshall/Chief of Police.

B.        All newly constructed structures subject to this ordinance shall have the key lock box installed and operational prior to the issuance of an occupancy permit. All structures subject to this ordinance which are in existence on the effective date of this ordinance shall have one (1) year from the effective date of this ordinance to have a key lock box installed and operational.

C.        The Fire Marshal/Chief of Police shall designate the type of key lock box system to be implemented within the city and shall have the authority to require all structures subject to this ordinance to use the designated system.

D.        The owner or operator of a structure required to have a key lock box as described above shall, at all times, keep a key in the lock box that will allow for access to the structure by authorized emergency personnel.

E.         The Fire Marshal/Chief of Police shall be authorized to implement rules and regulations for the use of the lock box system.

F.         Any person who owns or operates a structure as described above subject to this ordinance shall be subject to a fine of Fifty Dollars ($50.00) plus costs of the court for each violation of this ordinance, with each day of non-compliance constituting a separate offense. (Ord. No. 2008-14, Sec. 1.)

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CHAPTER 2.36

 POLICE DEPARTMENT

 

Sections:

2.36.01            Established

2.36.02            Members

2.36.03            Chief of Police

2.36.04            Duties

2.36.05            Liability insurance

2.36.06            Arkansas Local Police and Fire Retirement System

2.36.01 Established The Department of Police is hereby established, pursuant to the applicable laws of the state of Arkansas for the city of Johnson, Arkansas. (Ord. No. 34A, Sec. 1.)

2.36.02 Members The Department of Police shall consist of a Chief of Police and one or more patrolmen. (Ord. No. 34A, Sec. 2.)

2.36.03 Chief of Police

A.        The City Council of any city of the second class, if they deem it to be in the best interest of the city, and upon passage of an ordinance by majority of the City Council, may provide that said Chief of Police shall be appointed by the Mayor with the approval of the City Council. (Ord. No. 42, Sec. 1.)

B.        The Chief of Police shall, with approval of the Mayor, appoint one or more patrolmen. (Ord. No. 34A, Sec. 4.)

C.        The salary of the Chief of Police and patrolmen and the hours of duty shall be as may be from time to time established by the City Council of the city of Johnson. (Ord. No. 34A, Sec. 5.)

2.36.04 Duties The duties of the Chief of Police shall be as follows:

A.        To execute and return all writs and process to him directed by the Judge of the Springdale District court, Johnson Department, and in criminal cases or cases of a violation of the city ordinance, he may serve the same in any part of the county;

B.        To suppress all riots and disturbances and breeches of the peace;

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C.        To apprehend all disorderly persons in the city and to pursue and arrest any person fleeing from justice in any part of the state;

D.        To apprehend any person in the act of committing any offense against the laws of the state or ordinances of the city, and forthwith bring such person before the Springdale District Court, Johnson Department Judge, or other competent authority, for examination or trial;

E.         To appoint one or more deputies for those official acts he shall be responsible;

F.         He shall, in the discharge of his proper duties, have like powers, be subject to like responsibilities and shall receive like fees as sheriffs and constables in similar cases. (Ord. No. 42, Sec. 1.)

2.36.05 Liability insurance The city of Johnson shall obtain a liability insurance policy on the Chief of Police private vehicle to insure against liability while said vehicle is being used for said city purposes. The city shall also equip said private vehicle owned by the Chief of Police with the proper radio and lighting equipment. (Ord. No. 42, Sec. 2.)

2.36.06 Arkansas Local Police and Fire Retirement System

A.        The City Council on behalf of the city of Johnson, Arkansas, a “political subdivision” as defined in Act 364 of 1981, hereby elects to have covered by the Arkansas Local Police and Fire Retirement System all its eligible present and future employees who are: Policemen, as defined in Act 364.

B.        The city of Johnson hereby elects to commence retirement coverage for its eligible employees on June 1, 1994.

C.        The city of Johnson understands that employer contributions (and member contributions when applicable) are to be effective the first day of the month following the adoption of retirement coverage.

D.        Ordinances 2006-9 and 2008-12 are hereby repealed, the accumulated funds

in this account shall be paid by the Recorder-Treasurer to the Washington County Detention Center. Inasmuch as future periodic payments from defendants will partially be apportioned to this account, the Recorder-Treasurer shall, at least annually, pay such future accumulated sums to the Washington County Detention Center. (Ord. No. 2011-10, Sec. 1.)

           

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CHAPTER 2.40

SPRINGDALE DISTRICT COURT, JOHNSON DEPARTMENT

Sections:

2.40.01            Court costs

2.40.02            Witnesses

2.40.01 Court costs

A.        For each warrant for the Springdale District Court, Johnson Department served on a defendant appearing before said court, there shall be collected from each such defendant upon each plea of guilty, nolo contendere, forfeiture of bond or determination of guilt for misdemeanors or traffic violations in the Springdale District Court, Johnson Department the sum of Fifty Dollars ($50.00), which sum shall be placed in a separate fund called the Warrants Service Fund to be used by the city to defray the expenses of the service of warrants issued by the Springdale District Court, Johnson Department. (Ord. No. 2002-10, Sec. 1.)

B.        The Springdale District Court, Johnson Department shall collect such costs and fees as authorized by state law, court or city ordinance and pay those as directed.

2.40.02 Witnesses

A.        Any witness ordered to appear in any court for the city of Johnson for the prosecution of violations of Arkansas state statutes and ordinance of the city of Johnson shall be reimbursed for their expenses and time.

B.        The maximum remuneration allowed shall be paid at a rate of Ten Dollars ($10.00) per appearance and/or Ten Dollars ($10.00) in each case in which said witness was required to give testimony. (Ord. No. 90, Secs. 1-2.)

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CHAPTER 2.44

ELECTION CLERKS AND JUDGES

 

Sections:

 

            2.44.01            Restrictions

            2.44.01 Restrictions No candidates for city office, no city employee and no public official (elected or appointed) for the city of Johnson, Arkansas, and no family member of any candidate for city office, city employee or any public official (elected or appointed) shall be allowed to act either as an election clerk or election judge for the city of Johnson for any general or special election. (Ord. No. 64, Sec. 1.)

 

CHAPTER 2.48

PERSONNEL POLICY

Sections:

 

            2.48.01            Adopted

            2.48.02            Amendments

            2.48.01 Adopted The document attached hereto and entitled Personnel Policy of city of Johnson, Arkansas, is hereby adopted as the Personnel Policy of the city of Johnson, Arkansas, as regards all matters contained therein and shall be effective as to all employees hired by the city of Johnson from and after the effective date of this ordinance. (Ord. No. 65, Sec. 1.)

            2.48.02 Amendments

Ord. No. 75

A.        The City Council recognizes the need for all employees of Johnson Police Department to have an annual physical examination.

B.        All salary or paid employees of the Johnson Police Department shall be required to submit to an annual physical examination. Such examination shall be given by a physician approved by the City Council and the costs of the examination shall be entirely at the expense of the city of Johnson.

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C.        All voluntary employees of the Johnson Police Department may also be required to submit to an annual physical examination, at the discretion of the Johnson City Council. The costs of such examination shall be entirely at the expense of the city of Johnson.

D.        The results of the above-mentioned physical examinations shall be given to the Mayor and/or members of the Johnson City Council within thirty (30) days after the examination.

E.         The City Clerk shall be responsible for having the contents and requirements of this ordinance codified and added to the Personnel Policy of the city of Johnson, Arkansas, the same being attached to and incorporated in Ord. No. 65.

Ord. No. 2011-9

A.        The Personnel Policy of the city of Johnson and its enabling legislation along with the Policy Manual of the Johnson Police Department are hereby amended to include the following revised Sick Leave Bank which replaces the previous Sick Leave Bank adopted by Ord. No. 2006-4.

B.        Sick Leave Bank

1.         Participation All employees who have full benefits are allowed to participate in the Sick Leave Bank after declaring their intention to participate and donating at least eight (8) accumulated hours of sick leave to the bank by January 15 of the calendar year. New hires are allowed to join thirty (30) days after getting full benefits, which is ninety (90) days for a total of one hundred twenty (120) days. Such declaration and contribution shall be made on a Sick Leave Bank Form.

2.         Governance The Sick Leave Bank is governed by the Mayor, Recorder/Treasurer, and one full-time employee elected in an election run by the Police Chief. Any request for leave from the Sick Leave Bank must be requested from the committee on a Sick Leave Bank request form. This committee shall approve or disapprove requests based on individual situations and documentation. The committee may review employee records and documentation.

3.         Rules of operation

a.         Only participants who have made a contribution to the bank may make requests from the Bank.

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b.         Sick Leave Bank hours will be granted only in the cases of physical, mental, or emotional illness of the participant, or illness or death in the immediate family. Immediate family shall include participant’s spouse, children, parents, and any other relatives living in the same household.

c.         Sick Leave Bank hours will only be granted after the exhaustion of all other paid compensation (sick leave, vacation) and compensatory time. Sick Leave Bank hours or days are grants and do not require repayment.

d.         Sick leave grants made from the banks shall be for up to one hundred sixty (160) hours for an individual applicant per year, if the hours are available.

e.         The Sick Leave Bank committee shall have the discretion to award days in fractional amounts up to the maximum 160 hours per year to a participant who has disability income protection insurance that pays a per diem rate less than the employee’s contracted per diem rate. This discretion is limited to the degree that the sum of the per diem disability insurance plus the value of the per diem Sick Leave Bank leave days warded does not exceed the total per diem amount for the leave as compensated by both wages and disability compensation(s).

f.          Any participant of the Sick Leave Bank making withdrawals from the bank must contribute at least the minimum of eight (8) hours at the beginning of the next calendar year (by January 15 or when eight (8) hours of sick leave is earned) in order to be eligible to make withdrawals from the bank in succeeding years.

g.         Any unused Sick Leave Bank hours granted may not be carried forward to any subsequent year and shall be returned to the Sick Leave Bank if unused at the end of the calendar year.

h.         At the beginning of each calendar year (by January 15), any employee who is not already a participant of the Sick Leave Bank may join by giving eight (8) hours to the Sick Leave Bank.

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i.          Participants who have contributed to the Sick Leave Bank will not be requested to contribute to the bank again as long as the bank is considered to be solvent. When the Sick Leave Bank committee determines that more hours/days are needed for the bank to remain solvent, each participant will be requested to contribute eight (8) hours of their earned sick leave. Failure to contribute will result in termination as a Sick Leave Bank participant.

j.          A maximum of six hundred forty (640) hours may be in the Sick Leave Bank (the prior balance shall be carried forward and no contributions will be accepted until bank balance falls below 640 hours. The only exception will be for new employees and employees not previously participants in the Sick Leave Bank joining at the beginning of any calendar year.)

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