RES NO 12-03-2022 B CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO.X-03 -2022 Jy
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS,A RESOLUTION TO BE ENTITLED:
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A RESOLUTION ADOPTING THE REVISED POLICY MANUAL
GOVERNING CITY EMPLOYEES FOR THE CITY OF VAN
BUREN, ARKANSAS, AND REPEALING THE EXISTING
POLICY MANUAL; AND FOR OTHER PURPOSES.
WHEREAS, it is necessary to update and revise the existing Employee Policy Manual for the City of
Van Buren to conform to changes in law and policy;and
WHEREAS, a copy of the revised section, 5.4.2 FIRE DEPARTMENT in Employee Policy Manual is
attached hereto and all employees shall receive a copy of the revised policy manual page.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS,THAT:
SECTION 1:- The revised Employee Policy Manual for the City of Van Buren, Arkansas, section 5.4.2
FIRE DEPARTMENT, attached hereto is hereby adopted and the existing Policy Manual
dated August 22,2022, is hereby repealed.
IN WITNESS WHEREOF,the City of Van Buren, Arkansas, by its City Council, did pass,
approve, and adopt, by a vote of 5 for and Q against, the foregoing Resolution at its regular meeting
held on the 19t'day of December 2022.
Jo ur
Mayor
ATTESTED: ZCity
VED ASZTO :
P yl is Thom s we
City Clerk/Treasurer ey
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 not exceed 720 hours as authorized by
Ordinance.In the.event the firefighter's payout for 720 hours of sick leave exceeds three months'
salary, it is the city's intention to pay the full 720 hours of sick leave(not to exceed four and one-
half months' salary). 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.
I agree, if we can get an ordinance on the books this month,clarifying that the city intends to pay the full 720 hours
payout, I will process the payout for the full 720 hours.
The state statute does allow for the greater amount if allowed by ordinance,so the wording could be similar to:
In the event the firefighter's payout for 720 hours of sick leave exceeds three months'salary,it is the city's intention to
pay the full 720 hours of sick leave(not to exceed four and one-half months'salary).
Jacob,the handbook also contains some wording referring to "90 days"pay. Can that be clarified at the same time?
Phyllis Thomas
City Clerk-Treasurer
CITY OF VAN BUREN,ARKANSAS
479-474-8936
From:Jacob Howell<iacob@howelllawfirmar.com>
Sent:Wednesday, December 7,2022 10:05 AM
To: Phyllis Thomas<pthomas@VanBurenCity.org>;Joe Hurst<joehurst@vanburencity.orE>
Subject: Firefighter Sick Pay ,
Good Morning, Joe and Phyllis -
I spoke with Stanley Clark, re: firefighter payout. From my conversation with him, it was stated that the
City has historically paid up to 720 hours of sick time to retiring firefighters, but recently, the State
auditor warned against paying out more than 3 months.
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unused sick leave in the case of a firefighter, upon retirement or death,
three (3) months' salary unless the city, by ordinance, authorizes a
but in no event to exceed four and one-half months' salary.
If the City intends to payout the 720 hours, then I am happy to opine that the Ordiannce adopting the City
Handbook is sufficient to meet the requirements of ACA 14-53-108(c)(2) provided the 720 hours is
provided. for, or, if absolutely needed, we can present an additional ordinance on this issue only, to give
additional clarity.
As you both know, I don't make the policy decision, so I'll leave that to those that do, but this is, in my
opinion, our two options to make it happen if the 720 hours is the desired policy.
Thanks.
J
Jacob
Jacob R. L. Howell
Howell Law Firm, P.A.
P.O. Box 767
Van Buren, AR 72957
Jacob(a)HowellLawFirmAR.com
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Phyllis Thomas
From: Phyllis Thomas
Sent: Wednesday, December 7,2022 12:20 PM
To: Stanley Clark
Cc: Joe Hurst;Tim Arnold; Larry Gregory
Subject: Larry Gregory final payout
Attachments: 20221207121312239.pdf
Stanley,
I am working on Larry Gregory's Employee Action Form regarding his final retirement payout. In the event the City
Council approves the changes to the personnel handbook(according to the state statute)on December 19th, I will be
able to process Larry's sick leave payout at the full 720 hours in the amount of$21,966.48. In the event the handbook is
not changed, Larry's final payout for his sick leave will be capped at three months'salary(pursuant to state statute)in
the amount of$14,500.14.
I will withhold my signature on the Employee Action Form until we determine what the future holds. However, I will
submit it to Mayor Hurst for his signature or decision to wait.
Phyllis Thomas
City Clerk-Treasurer
CITY OF VAN BUREN,ARKANSAS
479-474-8936
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