1679ORDINANCE NO. 1679 (#29 - 2021)
AN ORDINANCE ADOPTING PREMIUM PAY FOR CERTAIN
CITY EMPLOYEES FROM THE AMERICAN RESCUE PLAN;
AND, FOR OTHER PURPOSES.
WHEREAS, the United States Congress on March 11, 2021 passed the
American Rescue Plan Act of 2021, (ABPA) which provides fiscal relief funds to
state and local governments, and other program areas aimed at mitigating the
continuing effects of the pandemic; and
WHEREAS, APRA is intended to provide support to local governments in
responding to the impact of COVID-19 and in their efforts to contain COVID-19 in
their communities, residents, and businesses; and
WHEREAS, the ARPA provides stimulus grant funds permitting cities and
towns the option to provide Premium Pay for eligible employees in order to provide
additional support to those who have and will bear the greatest health risks because
of their service in critical infrastructure sectors; and
.— WHEREAS, the United States Department of Treasury (hereinafter
Treasury), has issued guidance and an Interim Final Rule (hereinafter IFR) regarding
the use of ARPA funds; and
WHEREAS, Premium Pay is defined by the IFR as additional compensation
for "eligible workers performing essential work during the COVID-19 public health
emergency;" and
WHEREAS, the IFR provides that eligible workers are those "who have been
and continue to be relied on to maintain continuity of operations of essential critical
infrastructure sectors, including those who are critical to protecting the health and
wellbeing of their communities;" and
WHEREAS, Treasury recognized essential critical infrastructure sectors as
"healthcare, public health and safety, childcare, education, sanitation, transportation,
food production and services" and also permits each city's chief executive to add
additional sectors to the list if they are "deemed critical to protect the health and
well-being of its residents;" and
WHEREAS, essential work involves regular in-person interactions or regular
physical handling of items that were also handled by others; however, it does not
include telework from a household; and
WHEREAS, the IFR emphasizes the need for recipients to prioritize
Premium Pay for lower income workers most impacted by the pandemic; and
ORDINANCE NO. 1679 (#29 — 2021)
Page Two
BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF THE CITY OF
JACKSONVILLE, ARKANSAS, THAT:
SECTION ONE: The City of Jacksonville hereby appropriates a total
amount of $242,320.00 to provide Premium Pay to eligible workers who meet the
following ARPA eligibility criteria:
1. An eligible worker means workers necessary to maintain the continuity of
operations of essential critical infrastructures;
2. An eligible worker includes any additional sectors added by the Mayor of
Jacksonville (Exhibit A); and
3. An eligible worker performing eligible work, which means regular in-person
interaction or regular physical handling of items that were handled by others
SECTION TWO: The City of Jacksonville shall provide to each eligible
worker who is currently employed by the City on the date of enactment, Premium
Pay for eligible work performed in an amount not to exceed $1040. The amount shall
be determined based on eligible hours worked at the rate of $6.50 an hour for up to
160 hours during the time period the Governor had emergency order in place, April
1, 2020 until September 28, 2021.
SECTION THREE: The City of Jacksonville shall pay all applicable
employer payroll contributions including FICA, Medicare and APERS if applicable
from the Rescue Grant. As required by law, employees must pay their own taxes and
contribution requirements.
SECTION FOUR: The Jacksonville City Council adopts, ratifies and
enacts Premium Pay from Section 603 of the ARPA.
SECTION FIVE: Nothing in this resolution shall be construed as
constituting an employment contract or as altering, modifying or affecting the "at -
will" employment relationship between the City and any employee of the City of
Jacksonville.
SECTION SIX: In the event any title, section, paragraph, item,
sentence, clause, phrase, or word of this ordinance is declared or adjudged to be
invalid or unconstitutional, such declaration or adjudication shall not affect the
remaining portions of the ordinance which shall remain in full force and effect as if
the portion so declared or adjudged invalid or unconstitutional was not originally a
part of the ordinance.
SECTION SEVEN: Any other Ordinances in conflict herewith are hereby
repealed to the extent of said conflict. This Ordinance shall be in effect from and
after its date of passage.
APPROVED AND ADOPTED THIS 18TH DAY OF NOVEMBER, 2021.
ORDINANCE NO. 1679 (#29 — 2021)
Page Three
CITY OF JACKSONVILLE, ARKANSAS
f
BOB JOHNSO R
ATTEST:
SUSAN DA ITT, CITY CLERK
APPROVED AS TO FORM:
STEPHANIE FRIEDMAN, CITY ATTORNEY
City of Jacksonville Premium Pay
The City of Jacksonville has been and continues to operate during the COVID-19 public health
emergency. All of our full-time employees are essential and continue to be relied on to maintain
continuity of operations of essential critical infrastructure sectors, including those who are
critical to protecting the health and wellbeing of our community. All of our full-time employees
faced elevated health risks and will continue to do so. Each position involves interaction with
citizens, vendors and co-workers. As a City, we cannot stop serving the citizens.
Listed below are the City's Departments that are being paid Premium Pay. Each full time
employee in the City is eligible for Premium Pay because they maintained continuity of
operations and critical infrastructure sectors and are performing essential work involving regular
in person interactions or regular physical handling of items handled by others.
We are paying $6.50 an hour to each regular, full-time employee for 160 hours from April 1,
2020 through September 28, 2021 (the dates Arkansas Governor Hutchinson declared a state
emergency).
Police Department —
The Police Department employees are local government workers and emergency response
workers. They have regular in-person interactions with the public or coworkers; and they have
regular physical handling of items that were handled by, or are to be handled by patients, the
public, or coworkers.
The Police Officers make traffic stops to keep citizens safe, work vehicle accidents, respond to
calls, and sometimes perform lifesaving actions. This even involves being inside of people's
homes.
911 Department —
The 911 Department employees are local government workers and emergency response workers.
They have regular in-person interactions with coworkers; and they have regular physical
handling of items that were handled by, or are to be handled by coworkers.
The 911 Department including Dispatchers meet with Officers regularly and take reports. Our
Dispatchers maintain the 911 call lines and dispatch our Officers or Firefighters.
Fire Department —
The Jacksonville Fire Department employees are local government workers and emergency
response workers. They have regular in-person interactions with the public or coworkers; and
they have regular physical handling of items that were handled by, or are to be handled by
patients, the public, or coworkers.
The Jacksonville Fire Department responds to fires, vehicle accidents, and medical calls.
Sometimes these responses require performing life saving actions. While other departments can
be spread out to help with the prevention of COVID-19, the Fire Department does not have this
option. Many times, they are the first to arrive on a medical call or scene and may have to
respond without regard to COVID-19. This even involves being inside of people's homes.
Street Department —
The Street Department employees are local government workers. They have regular in-person
interactions with the public or coworkers; and they have regular physical handling of items that
were handled by, or are to be handled by patients, the public, or coworkers.
The Street Department are another group that are difficult to segregate. They have to ride to
projects in the same vehicle and be side by side while working on projects for safety. They
constantly work on roads and drainage which are critical infrastructure sectors. This includes
traffic management and floodplain coordination. Many of these projects include interactions with
third party vendors, citizens and others. This current pay period also includes mosquito spraying
to help the well-being of the citizens.
Animal Control —
The Animal Control Department employees are local government workers and perform health
care surgeries to citizens' animals. They have regular in-person interactions with the public or
coworkers; and they have regular physical handling of items that were handled by, or are to be
handled by patients, the public, or coworkers.
The Animal Control Department serves the citizens of Jacksonville by covering all areas of
needs of their pets. This includes preventive shots, general information and also surgeries. The
Department continues to take in animals and adopt out animals. This includes interacting with
the public in the transfer of money and information. The Animal Control Officers also must
respond to calls and interact with the public. Finally, the programs portion of this Department
provides training and opportunities for people that enrich the well-being of the community.
District Court —
The District Court employees are local government workers. They have regular in-person
interactions with the public or coworkers; and they have regular physical handling of items that
were handled by, or are to be handled by patients, the public, or coworkers.
The District Court throughout COVID-19 has left their doors unlocked and interacted with the
public, answering calls and in person visits about court dates, tickets, fines and anything related
to the Court system. The District Court still provides regular in-person court sessions to the
public each week. This includes taking money for fines or tickets. This also enables the District
Court to protect those citizens who need protection through the judicial process.
City Attorney's Office —
The City Attorney's Office employees are local government workers. They have regular in-
person interactions with the public or coworkers; and they have regular physical handling of
items that were handled by, or are to be handled by patients, the public, or coworkers.
The City Attorney's Office must interact with every Department in the City, officers, citizens,
and those in the court system. The City Attorney's Office attends each week's court service and
provides prosecution for the City and its' citizens. This involves much person-to-person contact.
This also enables the City Attorney's Office to protect those citizens who need protection
through the judicial process. The City Attorney's Office must attend City Council and Planning
Commission meeting each month as well to ensure City operations continue to move forward.
Public Works —
The Public Works Department employees are local government workers. They have regular in-
person interactions with the public or coworkers; and they have regular physical handling of
items that were handled by, or are to be handled by patients, the public, or coworkers.
The Public Works Department must visit new construction and developments and citizens'
homes on a daily basis to ensure plans are being followed and code/ordinances are being
enforced. This involves daily interaction with citizens, builders and contractors. One of the main
goals of Public Works is to ensure new developments are being done correctly as to protect
citizens from future drainage and home issues. These employees also have to attend Court dates
for tickets written and also have to attend Planning Commission and City Council Meetings.
Citizens, builders and contractors must also obtain various building permits and visit the office
and pay money.
City Hall including Mayor's Human Resources', IT's, Finance's and City Clerk's Office —
The Mayor's Office employees are local government workers. They have regular in-person
interactions with the public or coworkers; and they have regular physical handling of items that
were handled by, or are to be handled by patients, the public, or coworkers.
This is the most diverse department as far as different jobs are concerned. The front desk
interacts with citizens daily as City Hall is the main hub of the City. She directs citizens and
others to the appropriate location and also serves as a notary for individuals. Human Resources,
Finance, City Clerk and IT interact with the public, vendors, notaries, new hires and current
employees to maintain continuity of operations. Business licenses are obtained and paid for at
this location as well. Purchase orders and all money spent to maintain continuity of operations
flows through this office. Both of these individuals attend City Council and Planning
Commission meetings to ensure the public who cannot attend can watch via streaming.
Park Department —
The Parks employees are local government workers. They have regular in-person interactions
with the public or coworkers; and they have regular physical handling of items that were handled
by, or are to be handled by patients, the public, or coworkers.
The parks department maintain a safe and sanitized for family to attend. Playground equipment
was cleaned and sanitized three or four times daily along with workout equipment and a safe
pool area to swim.
Sanitation Department —
The Sanitation Department employees are local government workers. They have regular in-
person interactions with the public or coworkers; and they have regular physical handling of
items that were handled by, or are to be handled by patients, the public, or coworkers.
The Garbage and Trash Department has to maintain daily trash pickup. The Recycle Center has
to operate on a daily schedule for citizens drop off of recycling materials.