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RES NO 06-06-2022 CITY OF VAN BUREN,ARKANSAS RESOLUTION NO.ND -'6(a -2022 BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN, ARKANSAS,A RESOLUTION TO BE ENTITLED: A RESOLUTION TO REMOVE AMBIGUITIES, UPDATE LANGUAGE,AND PROVIDE CLARITY TO THE CITY OF VAN BUREN PERSONNEL HANDBOOK,AND TO AUTHORIZE THE MAYOR AND CITY CLERK/TREASURER TO PAY UNUSED ACCUMULATED SICK LEAVE TO DAVID TODD HARRIS. WHEREAS, the City of Van Buren Personnel Handbook is in need of certain updates and revisions for the purpose of consistency and clarity among city departments; and WHEREAS, it is necessary to add a word that was mistakenly left out of a section pertaining to the Fire Department;and WHEREAS, it is the desire of the City Council to authorize the Mayor and City Clerk/Treasurer to pay unused accumulated sick leave to the following city employee: David Todd Harris $12,932.58 Accrued Sick NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,ARKANSAS,THAT: SECTION 1: The City of Van Buren Personnel Handbook is hereby updated and revised per Exhibit A. SECTION 2: The Mayor and City Clerk are hereby authorized to pay unused accumulated sick leave to David Todd Harris in the amount of$12,932.58. IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City Council, did pass, approve, and adopt,by a vote of_for and D against,the foregoing Resolution at its regular meeting held on the 271 day of June 2022. 'W4--P- 4"4- Wr .H t ATTESTED: APPRO FORM: 6 Qb� Ph 1 is Thomas Jacob City Clerk/Treasurer i Attorney ***The only change to this section is adding the word"hired"in the first sentence of the last paragraph.The word was mistakenly left out. 5.4.2 FIRE DEPARTMENT In accordance with Ark..Code Ann. § 14-53-108,all firefighters shall accumulate sick leave at the rate of fifteen (15) 24-hour working days per year beginning with the date of employment and decreasing to twelve (12) 24-hour working days beginning four (4) years after employment. If unused,sick leave shall accumulate to a maximum of one hundred (100) 24 hour days. Unused accumulated sick leave shall not be used for the purpose of computing years of service for retirement purposes. Time off may be charged against accumulated sick leave only for the days that a firefighter is scheduled to work. No sick leave as provided in this section shall be charged against any firefighter during any period of sickness,illness, or injury for any days that the firefighter is not scheduled to work. A uniformed employee may use earned sick leave while receiving workers'compensation benefits only to the extent that the leave augments the employee's compensation benefit to the amount equal to that employee's regular rate of pay.Additional leave may be addressed by the Catastrophic Leave Committee. If,at the end of his or her term of service,upon retirement or death,whichever occurs first,any firefighter'having unused accumulated sick leave,he or she shall be paid for this sick leave at the regular rate of pay in effect at the time of retirement or death. Payment for unused sick leave in the case of a firefighter,upon retirement or death, shall riot exceed ninety (90) days as authorized by Ordinance. Uniformed employees will not be paid for accrued sick days upon termination from the City. For all uniformed employees hired on or after July 1,2001, "retirement" for the purpose of this section is defined as such time that the uniformed employee is eligible to receive retirement benefits. Unused accumulated sick leave shall not be used for the purpose of computing years of service for retirement purposes. EMPLOYEE ACTION FORM EMPLOYEE I David T. Harris JEWPLOYEE NUMBER 1 551 EFFECTIVE DATE OF CHANGE Ju DEPARTMENT FIRE 5-31-?.tlzv y,Sor� RETIRED XXXX I 4V HOURLY CHANGE INCENTIVE CHANGE I PIT TO FULL TIME DESCRIPTION OF CHANGE: David has retired and is entitled to a pay out of 148 hours Vacation, 1 Hour Comp, and 720 hours Sick time for a total of 869 hours @$19.31 =$.,4�^39- L A JAAAPPROVED: J DEPARTMENT SUPERVISOR APPROVED: fit � p.� DATE: _r �')'CI Y CLERK APPROVED: lO.e DATE: MAYOR SIGNATURE OF EMPLOYEE: -'���� — "�"'s VACATION and COMP TIME= 149 x 19.329 per hour= LUMP PAYOUT: $2,880.02 Paid•5/31/22 payroll Sick Leave section of employee handbook(Fire Department)to be corrected-on June 27, 2022. Upon correction being approved by council,sick leave will.be paid out on 6/30/22 payroll: 720 hours of sick leave adjusted per ACA 14-53-108, not to exceed three months'salary. 3 months salary= $2,155.43 x 6 pay periods= $12,932.58. LUMP PAYOUT(SICK LEAVE)_ $12,932.58 {14-55-108.Unifoim sick leave. http://web.lexisnexis.com/researclilretrieve? m=2ed60c5762d6de1'J_ • lY . A.C.A. § 14-53-108 Arkansas Code of 1987 Annotated Official Edition © 1987-201.7 by the State of Arkansas All rights reserved. 1• ** Current through all 2016 laws; and including unofficial updates through laws effective March 1, 2017 of the 2017'Regular Session (unofficial updates dd not include changes and corrections by the Arkansas Code Revision Commission) *** Title 14 Local Government Subtitle 3. Municipal Government Chapter 53 Municipal Fire Departments A.C.A. § 14-53-108 (2017) 14-53-108. Uniform sick leave. (a) (1) (A) From and after April 11, 1969, all firefighters employed by cities of the.first class and cities of the second class shall accumulate sick leave in accordance with a municipal ordinance at the rate of not less than ten (10,) working days nor more than twenty (20) working days per year, beginning one .(1) year after the date of employment. (B) As used in this section, "working day" means that period of time a firefighter is on duty within a twenty-four-hour period. If the fireflighter Is on duty for twelve (12) hours or more in a twenty-four-hour period, a working day shall be not less than twelve (12) hours nor more than twenty-four (24) hours. (C) The number of days of sick leave'in effect for firefighters employed by cities of the first class and cities of the second class on January 1, 2005, shall remain in effect until changed by authority of a municipal ordinance, and nothing in this section shall be construed to require a reduction In the level of sick leave below the rate of twenty (20) working days per year or the rate in effect on January 1, 2005. (2) .(A) If unused, sick leave shall accumulate to a maximum of one thousand four hundred forty (1,440) hours unless the city by ordinance authorizes the accumulation of a greater amount, in no event to exceed a maximum accumulation of two thousand one hundred sixty (2,160) hours. (B) Unused accumulated sick leave shalt not be used for the purpose of computing years of service for retirement purposes. (b) (1) In cities having sick leave provisions through ordinance, the total sick leave accumulated by the individual firefighter shall be credited to him or her and new days accumulated under the provisions of this section until the maximum prescribed In subsection (a) of this section is reached. (2) If the governing body of the employing municipality successfully reduces the accrual rate, no firefighter shall have any previously earned sick leave reduced in value. (3) Time off may be charged against accumulated sick leave only for the days that a firefighter is scheduled to work. No sick leave as provided in this section shall be charged against any firefighter during any period of sickness, illness, or injury for any days that the firefighter is not scheduled to work. LTf 2 3/23/2017 7:54.AN; NIP, - (c) (1) If at the end of hisj or her term of service, upon retirement or death, whichever occurs first, any firefighter has unused accumulated sick leave, he or she shall be paid for this sick leave at the regular rate of pay In effect at the time of retirement or death. (2) Payment for unused sick leave in the case of a firefighter, upon retirement or death, shall not exceed three (3) months' salary unless the city, by ordinance, authorizes a greater amount, but in no event to exceed four an e-half months' salary. (d) (1) Cities of the first class, cities of the second class, and incorporated towns shall have the option of providing sick leave for firefighters to accumulat6 at a rate of fifteen (15) twenty- four-hour working days per year beginning with the date of employment and decreasing to twelve (12) twenty-four-hour working days beginning four(4) years after employment. (2) Unused sick leave shall accumulate to firefighters provided with fifteen (15f twenty- four-hour working days per year sick leave and twelve (12) twenty-four-hour working days per year sick leave to a maximum of one hundred (100) twenty-four-hour working days. HISTORY: Acts 1969, No. 393, §§ 1-3;. 1971, No. 241, §§ 1-3; 1983, No. 842, §§ 1-3; 1985, No. 181, § 1; 1985, No. 240, § 1; 1985, No. 892, § 1; A.S.A. 1947, §§ 19-1718 -- 19-1720; Acts 1987, No. 716, § 1; 1997, No. 412, § 1; 2005, No. 1828, § 1. G About LexisNexis Privac Policy Terms&Condition oryt 3 �. SI' 2X$ c 1 v cy I 1 } Copyright�3 2017 LexisNexis, a division of Reed Elsevier Int.A-li- 1 e rt r A 2 3/23/2017 7:54 AM