Blytheville City Councilwoman Carol White is challenging the legality of a 2008 ordinance that lowered the mayoral retirement age.
White, who chairs the Council's Personnel Committee, told the board Tuesday an attorney should review the ordinance, which lowered the eligible retirement age to 55. The ordinance says the mayor must serve at least 10 years to receive retirement benefits, citing Arkansas Code 24-12-123.
"It doesn't say 55," White said.
Personnel director Judy Andrews and finance director Faye Griggs argued the statute does allow cities to lower the retirement age to 55.
"We need to look at it and have a legal opinion," White said, noting none of the three are attorneys.
At press time, Blytheville City Attorney Mike Bearden said he would research White's claim.
The state law reads: "In all cities of the first class in this state, any person who shall serve as mayor of the city for a period of not less than ten (10) years, upon reaching age sixty (60), or any person who shall serve as mayor of the city for a period of not less than twenty (20) years, without regard to age, shall be entitled to retire at an annual retirement benefit during the remainder of the person's natural life, payable at the rate of one-half of the salary payable to the mayor at the time of retirement.
"The governing body of the city may provide by ordinance that any person who has served as mayor for a period of not less than ten (10) years may retire upon reaching age fifty-five (55) with the benefits provided under this section."
The city ordinance, passed Sept. 16, 2008, cites the latter paragraph.
"We will look at that because the one I was looking at clearly said that how they govern for 10 years is for every one year you have to serve two years," White said.
The clause White was referring to reads: "However, a mayor who has served as an elected official or employee of that city prior to or after the person's service as mayor shall count his or her service as an elected official or employee of that city towards the mayor's retirement as follows: At the rate of one (1) year of a mayor's retirement for each two (2) years served as an elected official or an employee of that city up to a maximum of an additional two (2) years' credit towards a mayor's retirement benefit;
"If authorized by a city ordinance, at the rate of one (1) year of a mayor's retirement benefit for each two (2) years served as an elected official or an employee of that city up to a maximum of three (3) additional years' credit towards a mayor's retirement benefit if the person has not fewer than twenty (20) years of mayor's credit and is at least fifty-two (52) years of age; or
"If authorized by a city ordinance, at the rate of one (1) year of a mayor's retirement benefit for each two (2) years served as an elected official or an employee of that city up to a maximum of four (4) additional years' credit towards a mayor's retirement benefit if the person has not fewer than twenty (20) years of mayor's credit and is at least fifty-four (54) years of age..."
The city ordinance says if the mayor dies, the spouse married to him or her for 10 years or longer will receive one-half of the retirement benefits.
According to state law, the minimum retirement benefits are $250 per month for both salaried and nonsalaried mayors.
Each Jan. 1, if a retiree has been retired for at least 12 full months, up to a three percent cost-of-living increase will be added, the law reads.
Current Blytheville Mayor Barrett Harrison, 52, was sworn into office Jan. 1, 1999. Harrison's third term expires at the end of the year, and he has not announced publicly whether he plans to seek re-election or pursue other business interests, though he has hinted at the latter.
Meanwhile, White asked if all city employees reside in Blytheville.
Andrews said if addresses are correct, each employee lives within the 72315 ZIP code or is in the process of moving here.
White also questioned a $3,000 payment to attorney Jim Harris, who represented officers Earnest Frye and Jason Wolfenbarger.
The two officers were terminated April 14, 2009, for failing to comply with the city's residency policy.
But under a Dec. 15 settlement agreement, they were reinstated, required to comply with the residency policy within six months.
Griggs said also under the agreement the city paid each of the officers' $1,500 attorney fees.
She noted the Arkansas Municipal League reimbursed the city for half of the fees, meaning the city was out a total of $1,500.
Griggs said she has not seen the settlement agreement, but the city has not paid any back pay as the officers were asking for in their lawsuits.
Ordinance 1556, a 2003 amendment to the personnel handbook, reads: "All city employees shall reside within the city limits of Blytheville unless first approved by the department head and the personnel committee."
City officials have said though there is nothing in writing, the city has allowed employees to live in the 72315 ZIP code, which includes Blytheville and some of its surrounding towns.
The committee also discussed:
-- Looking at elevating salaries for low-salaried, longstanding employees.
-- Using the Workforce summer program. White said the program hires youths and looks for sites to send them to work. She noted the city could take advantage of the federal program, using the workers to do various jobs at no cost to the city. Andrews said the city has used the program in the past. She said there are certain jobs that require individuals to be at least 18 years old. There also must be a designated supervisor assigned to the worker. Councilman Mylas Jeffers said it is a good program, though noting some of the young people were slack. According to the Workforce website, to be eligible for the program, one must be 16-24 years old, eligible to work in the United States and a person whose family receives government benefits or public assistance.
mbrasfield@blythevillecourier.com