RES NO 01-03-2005 CITY OF VAN BUREN, ARKANSAS
RESOLUTION NO. k -3 -2005
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO FILE A
DECLARATORY JUDGMENT ACTION.
WHEREAS, The City of Van Buren, Arkansas, pursuant to Ordinance No. 26-
1978, provides paid insurance premiums for elected officials with
ten years of service to the City upon retirement; and
WHEREAS, The Arkansas legislature, in 1995, passed A.C.A. Section 24 -12-
129, which provides that elected officials and employees must pay
their own insurance premiums upon retirement; and
WHEREAS, The Arkansas Municipal League has given the opinion that the
City of Van Buren was "grandfathered" into the 1995 statute since
there was no state law regarding this issue at the time the 1978
ordinance was passed; and
WHEREAS, The Attorney General recently declared that any payments by the
City of Van Buren made for insurance premiums for officials who
retired after 1995 are violative of A.C.A. Section 24 -12 -129; and
WHEREAS, It is in the best interests of the citizens of Van Buren to have this
issue definitively resolved in a court of law through a declaratory
judgment action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN, ARKANSAS:
SECTION 1: The City Attorney is hereby authorized to proceed with the filing
of a declaratory judgment action requesting the Court to clarify the
obligations of the City of Van Buren under Ordinance No. 26-
1978.
PASSED AND APPROVED THIS o2 DAY OF JANUARY, 2005.
MAYOR alS
ATTESTED:
CITY CLERK/TREASURER
0