0851
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ORDINANCE NO. 851 (#3-87)
AN ORDINANCE REVISING THE CITY OF JACKSONVILLE, ARKANSAS,
EMPLOYEES PERSONNEL HANDBOOK; AMENDING ORDINANCE NO. 782:
DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES.
WHEREAS, it has come to the attention of the City Council of
the City of Jacksonville, Arkansas, that the Arkansas Municipal
League Defense Program will no longer cover any claim where the
City has, exclusive of civil service, created permanent status
employment sufficient to be considered a property interest under
the laws and constitution of the State of Arkansas and the United
States of America; and,
WHEREAS, the United States Court of Appeals, Eighth Circuit,
recently decided in M. Glynn Gattis and Mark D. Bowman vs. Carroll
Gravett, Individually and in His Official Capacity as Sheriff of
Pulaski County, that property rights to employment of employees
of the Pulaski County Sheriffs Department could be eliminated by
state legislation and that the legislation was sufficient due pro-
cess under the law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF JACKSONVILLE, ARKANSAS, THAT:
SECTION 1: The following paragraph will be added to the
section entitled "Applicability" of the Employees Personnel
Handbook:
All employees, exclusive of civil service, of the City of
Jacksonville, Arkansas, shall hereafter be at-will employees. No
employee of the City shall possess any claim, right, or property
interest in any position to which they might hold while employed
by the City and shall serve at the will of the City Council and
Mayor of the City of Jacksonville, Arkansas.
SECTION 2: The section entitled "Probationary period" from
the Employees Personnel Handbook shall only be applicable to civil
service (uniformed) employees.
SECTION 3: It is, therefore, declared that an emergency
exists and this Ordinance, being necessary for the immediate pre-
servation of the public peace, health, and safety, shall take
effect and be in force from and after its passage.
SECTION 4: All personnel policies, resolutions, rules,
regulations, Ordinances, or parts thereof in conflict herewith
are hereby repealed to the extent of such conflict.
APPROVED AND ADOPTED THIS J9th DAY OF MCVteh
1987.
CITY OF JACKSONVILLE, ARKANSAS
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BY: \ ~ .~)~,
TOMMY SWAIM~AYOR ·
ATTEST:
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~U~. LEONARD,~Y CLERK
APPROVED AS TO FORM:
K~~~ORNEY