1747RESOLUTION NO. I ~1 y~
A RESOLUTION TO ESTABLISH THE METHOD OF DETERMINING
SICK LEAVE FOR FIRE FIGHTERS, AND FOR OTHER PURPOSES.
WHEREAS, A.C.A. § 14-53-108 provides that fire fighters employed in cities of the first
class shall accumulate sick leave at the rate of twenty (20) working days per year beginning one
(1) year after the date of employment; and
WHEREAS, the Arkansas Supreme Court has determined in Donaldson v. Taylor, 327
Ark 93, 936 S.W.2d 551 (1997), that the term "working day" must be construed to refer to an
eight-hour day rather than atwenty-four hour shift; and
WHEREAS, the City of West Memphis has previously permitted fire fighters to
accumulate sick leave based on a twenty-four hour shift and the City of West Memphis now
desires to modify the method of determining sick leave for fire fighters in order to comply with
Arkansas state law as determined by the Arkansas Supreme Court; and
WHEREAS, the City of West Memphis recognizes the impact of this modification upon
fire fighters who have participated in the deferred retirement option plan, as well as those three
fire fighters under the old plan who have continued to work and accumulate sick leave based upon
atwenty-four hour shift being one day, and the City of West Memphis desires to permit these fire
fighters to retain their accumulated sick leave up to the effective date of this resolution and to
accumulate future sick leave based upon an eight-hour working day;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, THAT:
From and after the effective date of this resolution, sick leave for fire fighters shall
be determined based upon an eight-hour working day.
2. The eight fire fighters presently covered under the old plan and the deferred
retirement option plan shall be permitted to retain their accumulated sick leave, and to accumulate
future sick leave based upon an eight-hour working day;
;. All other fire fighters shall be permitted to retain any accumulated sick leave in
excess of the amounts set out in A.C.A. ~ 14-53-108. Any fire fighter who has accumulated sick
leave in excess of the amounts set out in A.C.A. fi 14-53-108 shall not accumulate additional sick
leave until such time as the total available sick leave for such fire fighter is less than maximum
amount permitted in A.C.A. X14-53-108, and then only up to the maximum amount permitted by
that statute.
ADOPTED this (~-~ day of ~a~ ~-~~ , 2002.
D
WILLIAM H. JOHNSO ,MAYOR
ATTEST:
PHILLIP ,CITY CLERK
SPONSORED BY:
RECEIVE®
CITY CLERKS OFFICE
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