Alexander aldermen want to amend employee manual and take charge of hiring employees

Two City of Alexander aldermen handed out two proposed ordinances at the council's regular April meeting Monday night. The ordinances were discussed briefly then held over for a future council meeting.

One ordinance, presented by Aldermen Juanita Wilson, proposes to form a committee to amend the City's employee manual. The second ordinance, proposed by Alderman Andrea Bearden, would put the council in charge of city employees who are not department heads.

This sparked a response from Mayor Michelle Hobbs who asked, "Since when do aldermen write ordinances?"

Historically in Alexander both aldermen and mayors would submit pre-written ordinances and resolutions to the council for consideration. Sometimes changes would be suggested and made before voting. On more complicated issues a committee made up of aldermen and citizens would be formed. Prior to being appointed mayor in December, 2012 Hobbs served for several years as city recorder.

Amending the Employee Manual

The ordinance dealing with the city's personnel manual proposes to remove the benefits page from the manual and suspend the payment of all pensions while the manual is being rewritten. One of the complaints about the benefits page is that it gives elected officials the same rights to a pension as city employees.

Currently the only person receiving a pension is former mayor Shirley Johnson. The ordinance would also put these payments in a savings account until the council decides whether to continue giving Johnson a pension.

Bearden and Wilson, among others, have questioned whether Johnson has the legal right to a pension. City Attorney Carla Miller recently issued a report to council members concerning two main points.

The first deals with state law which allows a mayor of a "City of the Second-Class" to retire with a pension after being mayor for a minimum of 16 years. When Johnson lost her re-election bid in November of 2010 she ended her 20-years as mayor with Alexander being a class-two city for only 14 years.

Miller cited an Arkansas Supreme Court ruling which allowed a state employee to include his years with the state prior to a change in state law. Miller says the same could apply to Johnson, using her total years as mayor as if Alexander was a class-two city during the entire time.

Also, the City's employee manual, which has been in effect since January 1, 2006, gives elected officials the same retirement benefits as city employees. Under the current manual an individual qualifies for a pension after being with the city 12 years.

The other question is whether the City has a legal obligation to pay Johnson a pension. Miller points to another Arkansas Supreme Court ruling which denied a former mayor a mandatory pension because the mayor did not contribute to a pension plan. Any pension paid to a mayor in that case would be  a voluntary decision by the city council. Johnson was not part of any pension plan.

However again Miller cited state law and the City's employee manual, saying both may provide legal cover for Johnson receiving a pension. Also, a previous city council has already granted Johnson a pension. Miller would not provide a legal opinion if this were to go to court based on these facts.

Alderman Faye McKeon questioned Miller about the ordinance that was passed putting the employee manual in effect. McKeon noticed the date on the ordinance is October 4, 2005, yet the cover of the manual says, "Effective date January 1, 2006."

She then referred to the ordinance's emergency clause which states, "Therefore, an emergency is declared and the ordinance, being necessary for the preservation of the public peace, health, and safety shall be in force upon its passage and approval." McKeon asked why the effective date of the manual isn't October, 2005.

Miller said she can't answer that question because the minutes of that meeting are not available. She said the only document she was given was the ordinance which was provided by Alderman Juanita Wilson. She was then reminded the copy of the ordinance came from Mayor Michelle Hobbs.

The remainder of the ordinance establishes the Employee Policy Committee. The ordinance requires a five-member committee made up of two aldermen and three citizens. The council and mayor have 90 days to select the three citizen-members. The committee has one year to submit a revised employee manual to the council.

The council shall hire regular employees

The second proposed ordinance would give the city council control of the hiring, firing and disciplining of all city employees except department heads. Arkansas Code 14-42-110 gives mayors the authority to hire, fire and discipline department heads but Arkansas law says nothing about regular city employees.

After the meeting Alderman Bearden said it's been standard practice to allow the mayor to run everything including the hiring of all employees.

"If the council is going to put the city on a solid financial footing we need to take charge of the hiring of employees," she said.

The ordinance also requires all departments to have a department head and any vacancy must be filled in 60 days. Currently the fire and police departments have interim chiefs and the street department has no one serving as department head.

In other business;

Mayor Hobbs provided council members two bids for two projects; one to repair and repave the parking lot in front of the firehouse on South Alexander Road and another to correct drainage issues at nine locations throughout the city.

The firehouse parking lot has an area approximately 50-feet by 25-feet that needs to be repaired before paving the entire parking lot.

The nine areas needing drainage repairs are AC Wallace at 2nd Street, Earl D. Miller, Robert Earl, Corner Stone Road in front of S&K Plumbing, Brookwood Road at Lindsey Drive, Brookwood Road at Don Parker, West Azalea Drive, Spruce Drive, and South Alexander Road at the firehouse. The drainage repairs include removing tree stumps and cleaning out ditches, repairing damaged culverts, rebuilding ditch banks, repairing sections of streets, replacing culvert pipes, and removing debris from drains.

It was noted that state law requires three bids for projects such as these. In a five to three vote the council ordered the mayor to advertise both projects for bids. Those voting for the motion were Juanita Wilson, Lonnie Chapman, Andrea Bearden, Farren Wadley, and Faye McKeon. Those voting against were Ceola Bailey, Brad Scott and Sam Gregory.

The Alexander City Council meets the third Monday of each month, 6 PM at City Hall. The public is invited. The next regular meeting is May 19.