The City Council of Forrest City, Arkansas, met in regular session on August 5, 2008. The meeting was called to order at 6:00 p.m. Alderman Capps opened the meeting in prayer. The following answered roll call: Mayor McCoy, Clerk Cochran, Attorney Cline, and City Council Members: Peacock, Jeffers, Hollowell, Breeding, Twillie, Fields, Capps, and Oswalt.

Alderman Twillie made a motion to approve the minutes of the previous meeting. Seconded by Alderman Fields. Roll Call: All Ayes.

Committees

Parks
Alderman Hollowell asked where they were with the ball park committee concerning the public meeting. Alderman Twillie stated the committee would call a meeting in the near future. He also stated he had spoken with the park director and the mayor and asked them to make a list of the concerns that needed to be addressed.

NEW BUSINESS

Shop Renovation Project Grant Resolution
Mayor McCoy asked Attorney Cline to read A Resolution Authorizing the Mayor of Forrest City to Apply for a Grant on Behalf of the Forrest City Community. For $100,000.00 to off set the cost for the construction of the city shop. Alderman Peacock asked if there were a time frame on getting the grant. Mayor McCoy stated he spoke with Rodney today he is getting ready to post the bid announcement in the Arkansas Democrat Gazette and the local paper. Rodney will come back on September 2, 2008 regular council meeting prepared to open the bids. Pryor to the opening of the bids, on August 2l, 2008 he will have a pre bid walk through, all of the interesting parties would come in and have an opportunity to go out and look at the sight. The deadline to apply for the grant is September 19, 2008. Alderman Breeding asked if the bid is being structured where the city shop can be completed as per bid. Mayor McCoy assured the council that Rodney was doing a good job with the project and he was informing him on everything that was going on. Attorney Cline read the resolution. Alderman Peacock made a motion to adopt the resolution. Seconded by Alderman Fields. Roll Call: All Ayes

Personnel Policy Handbook Resolutions

Alderman Oswalt explained the changes for each resolution to the personnel policy handbook. 1st Resolution Section B, subsection 3, paragraph 2: Sick Leave Policy. Alderman Oswalt made a motion to adopt the policy. Seconded by Alderman Twillie. Roll Call: All Ayes.

2nd Resolution Section B, subsection 3, paragraph 6: Sick Leave Policy (removal of sick leave). Alderman Oswalt made a motion to adopt the policy. Seconded by Alderman Twillie. Roll Call: All Ayes.

3rd Resolution Section B, subsection 3, paragraph 8: Sick Leave Policy (accrued sick days upon termination or retirement). Alderman Oswalt made a motion to adopt the resolution. Seconded by Alderman Twillie. Roll: All Ayes.

4th Resolution Section B, subsection 4, paragraph 3: Sick Abuse Policy. Alderman Oswalt made a motion to adopt the policy. Seconded by Alderman Twillie. Roll Call: All Ayes.

5th Resolution Section B, subsection 6: Family Medical Leave Act. Alderman Oswalt stated that this was the Arkansas Municipal League Policy word for word. Alderman Oswalt made a motion to adopt the policy. Seconded by Alderman Twillie. Roll Call: All Ayes.

6th Resolution Section B, subsection 7.1: Maternity Leave Policy. Alderman Oswalt made a motion to adopt the policy. Seconded by Alderman Twillie. Roll Call: All Ayes.

7th Resolution Section B, subsection13: Education Opportunities Policy. Alderman Oswalt made a motion to adopt the policy. Seconded by Alderman Twillie. Roll Call: All Ayes.

8th Resolution Section D, subsection 6: Absenteeism and Tardiness Policy. Alderman Oswalt made a motion to adopt the policy. Seconded by Alderman Twillie. Roll Call: All Ayes.

9th Resolution Section D, subsection 10: Procedure for Review of Disciplinary Decisions. Alderman Oswalt stated the committee had a lengthy discussion and this resolution was not recommended one way or the other by the committee; it just needs to be voted on. Alderman Oswalt also stated the way the resolution is written at the present, if an employee is written up, suspended, or terminated, they have so many days they can go to their supervisor, the department head, the mayor, and then the city council. This resolution deletes step 4 the employee can have their appeal process to the supervisor, the department head, and then the mayor makes the final decision. Alderman Oswalt made a motion to adopt the resolution. Seconded by Alderman Hollowell.

Alderman Breeding stated to his understanding after speaking with Alderman Oswalt, the Arkansas Municipal League recommendation to the personnel committee was to remove that section concerning the council. Alderman Oswalt stated he had spoke with Mark Hays, Municipal League Attorney but, in the Municipal League sample handbook, when it comes to disciplinary decisions, the Municipal League recommends that the city does away with all the steps. Oswalt also stated Attorney Hays has told him that they are a legislative body and once the council gets into personnel decision making, they become more administrative. Alderman Breeding agreed with Alderman Oswalt that Attorney Hays had made the same statement to him.

Alderman Fields stated she had spoken with someone at the Municipal League and she did not get the same information. It is a step that she thinks should be allowed, the attorney she spoke with did not see anything wrong with the council making the final decision. Fields also said the attorney stated that all steps could keep the council out of legal situations. Alderman Peacock asked, “What is the biggest problem of a city employee having recourse and their life not being dictated by one individual. I don’t see the problem. It is a check and balance. Employees have to do what their superintendent tell them, superintendents have to do what the mayor tells them, the mayor has to answer to the people, city council has to answer to the people, you’ve got to have a check and balance in place. I think the employees need an outlet.”

Alderman Breeding stated if the step was left in the personnel policy and the employee did not like the decision of the council, that employee still could take the city, the mayor, and the council to court. The recourse would be to sue. Alderman Peacock stated he feels if an employee goes through all of the steps, he would just go away and not take further action. The administration is not always right; nor the employees nor the department heads are not always right or not always wrong. Alderman Fields stated she has been a council member for almost six years and that step has always been a part of the personnel policy. She then asked, what is the purpose of removing it now is?

Alderman Capps stated the department heads do not parade the employees in front of the council and ask if it is all right to hire that employee, that department head is given free reign to hire qualified people for the job and the department head should have the ability to terminate a person they do not need or want. Alderman Twillie stated if he was in charge he would never give himself that much autonomy nor would he ever think he could do a better job; eight minds are better than one. Twillie also said, “I think a person who is turned down by one person is more apt to take legal action than if they were to get turned down by eight people, we all are human.” Alderman Hollowell stated he thinks the personalities come when you have eight council members; that is when the politicking starts, when there are eight people involved. Alderman Peacock stated the employees that work for the City of Forrest City are citizens and they are represented by the city council as elected officials. Peacock also stated the employees want someone sitting on the council that is going to listen and make sure that things are operated fairly; that is the council’s responsibility.

Mayor McCoy stated it is on the table for a vote it can be voted up or down. Mayor McCoy called for a Roll Call: Alderman Peacock, Jeffers, Twillie, and Fields voted no. Alderman Hollowell, Breeding, Capps, and Oswalt voted yes. Mayor McCoy stated since he was put in the middle, he voted yes on the changes to the personnel policy to break the tie. Alderman Twillie said, “You were put in the middle this time, but every other time you have said I am not getting in ya’ll mess. That is what you have always said to us for eighteen or nineteen months but that’s ok we will deal with that.”

Mayor McCoy stated he did not like someone telling him they are going to deal with him. “Everyone around the table had a vote, let’s move on.” said Mayor McCoy.

10th Resolution Section D, subsection 12: Internet and E-mail Use Policy. Alderman Oswalt made a motion to adopt the policy. Seconded by Alderman Twillie. Roll Call: All Ayes.

11th Resolution Section D: City Vehicles Policy. Alderman Oswalt made a motion to adopt the policy. Seconded by Alderman Twillie. Alderman Breeding stated to please make sure that every employee received a copy of this policy. Roll Call: All Ayes.

Substance Abuse Ordinance
Alderman Oswalt stated the council had a substance abuse ordinance from the Arkansas Municipal League and the Municipal League said it needed to be an ordinance. Attorney Cline read for the 1st reading An Ordinance to Amend the Personnel Policy Handbook as Hereinafter Set Forth; And For Other Purposes. Section 1. That Section D, Subsection 11, Substance Abuse Policy of the Employee Handbook of the City of Forrest City be herby amended as follows: Sponsored by Alderman Oswalt.

Alderman Oswalt commented that he, Alderman Twillie, Fields, and Hollowell had been working on the personnel policy at least a year on and off. He gave a big thank you to all of them for helping with the personnel policy.

STREET FUND BILLS

Alderman Capps made a motion to pay street fund bills totaling $9,837.76. Seconded by Alderman Peacock. Roll Call: All Ayes.

GENERAL FUND BILLS

Alderman Oswalt made a motion to pay general fund bills totaling $52,618.60. Seconded by Alderman Twillie. Roll Call: All Ayes.

Announcements

Mayor McCoy asked the council to look at some dates for a retreat and budget meeting. He also stated during the retreat he wanted the council members to look at a couple of ordinances.

Retreat date was set for August 25, 2008 at 5:00 p.m. at the Forrest City Civic Center.

Budget meeting was set for September 30, 2008 at 5:00 p.m.

Alderman Twillie made a motion to adjourn at 7:05 p.m. Seconded by Alderman Fields.

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Gordon McCoy, Mayor
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Derene Cochran, Clerk-Treasurer