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2151 ORDINANCE NO. al 51 AN ORDINANCE TO ESTABLISH THE AMOUNT OF SICK LEAVE FOR FIREFIGHTERS EMPLOYED BY THE CITY OF WEST MEMPHIS AND FOR OTHER PURPOSES. WHEREAS,Act 1828 of 2005 provides that firefighters shall accumulate sick leave in 1 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; and WHEREAS, Act 1828 of 2005 further defines"working day"to mean: that period of time a firefighter is on duty within a twenty-four-hour period. If the firefighter is on duty for twelve(12)hours or more in a twenty-four(24)hour period, a working day shall not be less than twelve(12)or more than twenty-four (24)hours." and WHEREAS, the Personnel Manual for employees of the City of West Memphis should be amended to address sick leave for firefighters; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,ARKANSAS,THAT: SECTION 1. The City of West Memphis Personnel Manual is hereby amended to add the following as Section 4.2.1: Sick Leave- Firefighters Firefighters shall be subject to the general provisions of the City of West Memphis regarding sick leave except as specifically provided in this section. Firefighters scheduled to be on duty for twelve(12)hours or more in a twenty-four(24) hour period shall accumulate sick leave at a rate of ten(10)working days per year which shall be posted to the firefighter's account on the firefighter's anniversary date. For firefighters scheduled to be on duty for twelve(12)hours or more in a twenty-four (24)hour period a"working day" shall mean that period of time a firefighter is on duty within a twenty-four-hour period. Firefighters scheduled to be on duty for twelve(12)hours or more in a twenty-four(24) hour period may accumulate sick leave to a maximum of sixty(60) working days(1,440 hours). Payment for unused sick leave in the case of a firefighter scheduled to be on duty for twelve(12)hours or more in a twenty-four(24)hour period, upon retirement or death, shall not exceed 720 hours at the firefighter's regular rate of pay at the time of separation.. SECTION 2. No firefighter shall have any previously earned sick leave reduced in value. SECTION 3. The City Council finds that in order to provide the benefits intended by Act 1828 of 2005, the provisions of this ordinance shall apply retroactively to the effective date of Act 1828 of 2005,August 12, 2005. SECTION 4. Repealer. All ordinances or portions of ordinances in conflict herewith are hereby repealed to the extent of any such conflict. SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance or the application thereof to any person or circumstances is held invalid, such decision shall not affect the validity of the remaining portions of this ordinance or application of this chapter which can be given effect without the invalid section, subsection, sentence, clause, or phrase, and to this end the provisions of this,-cc�hapter are declared severable. PASSED AND APPROVED this 7 rt of C r0 , 2006. WILLIAM H. JOHNSO , YOR ATTEST: PHILLI'-' • ' • , CITY CLERK SPONSORED BY: hours). Payment for unused sick leave in the case of a firefighter,upon retirement or death, shall not exceed 720 hours at the firefighter's regular rate of pay at the time of separat'. .. SECTION 2. No firefighter shall have any previously earned sick 1-- - reduced in value. SECTION 3. The City Council finds that in order to pro % e the benefits intended by Act 1828 of 2005, the provisions of this ordinance shall ap, ' retroactively to the effective date of Act 1828 of 2005, August 12, 2005. SECTION 4. Repealer. All o •finances or portions of ordinances in conflict herewith are hereby repealed to the extent . any such conflict. SECTION 5. -verability. If any section, subsection, sentence, clause, or phrase of this ordinance or th pplication thereof to any person or circumstances is held invalid, such decision shall not : ect the validity of the remaining portions of this ordinance or application of this ch: 'ter which can be given effect without the invalid section, subsection, sentence, cl: . -, or phrase, and to this end the provisions of this chapter are declared sev- w : -. PASSED AND APPROVED this day of , 2006. WILLIAM H. JOHNSON, MAYOR ATTEST: P IP PARA, CITY CLERK RECEIVED SPONSORED BY: City Clerk's Office Date/Tim- , By.O,,u t. Ad A LA_ i i