Aldermen get surprise paychecks

Clause omitted from Maumelle ordinance prompts payouts

Ten past and present Maumelle city aldermen received a collective $6,250 in surprise paychecks from the city at year's end because of an error in an ordinance four years ago that misstated the City Council's intended pay structure.

The 10 aldermen, including five who weren't on the City Council in 2014, received the back pay in late December ranging in amounts from $250 to $1,250, according to a list Mayor Mike Watson provided Friday. The payments were retroactive for any aldermen serving between Jan. 1, 2011, the effective date of the legislation, and the end of 2014.

"It's almost like a Christmas bonus," said Alderman Rick Anderson, whose $1,250 check was the highest. "I still haven't fully understood why. I didn't even think I had missed that much."

Tony Brainerd, whose City Council stint ended in 2012, said he was also surprised. He said his payment for $500 did come with a letter of explanation.

"Four hundred and sixty-seven dollars after taxes, buddy," Brainerd said Friday of his check. "I called [City Hall] and said I'm going to spend it. Good luck getting it back. Now I have a canoe I didn't need. You can say Tony went out and bought a completely frivolous canoe with it."

Council members voted Dec. 1, 2010, to amend Ordinance 758 that raised aldermen's pay to $6,000 annually to include a provision that the salary be based on $250 per attended regular meeting, instead of a flat annual amount. The City Council meets twice a month, or 24 times a year. The per-meeting amount would equal $6,000 a year if every meeting is attended, but each missed meeting would cost an alderman $250 in pay.

However, the per-meeting clause was never added to the published ordinance, an oversight discovered last month.

A memo from City Clerk Joshua Clausen included in the City Council packet for tonight's meeting, the first of 2015, explained the payments.

"It just didn't get in there," Watson said Friday of the intended amendment. "When we signed the ordinance and published it, the change wasn't added. It's an oversight is all it was."

The payments were retroactive to former aldermen, Watson said, because of the time period involved for the ordinance.

Watson said that even though the intent of the City Council was to have aldermen paid per attended meeting, outgoing City Attorney JaNan Davis said the city has to follow the published ordinance.

"We've always operated under the assumption that it was paid per meeting because that's what we all understood, but it just wasn't written into the ordinance," Watson said.

The issue came up after Alderman Burch Johnson, whose term ended Wednesday, received $250 less than usual when he was called away from his final council meeting Dec. 15 for an emergency, though he was there for a pre-meeting reception for city officials whose terms were ending. Johnson drives a bus for the Academics Plus Charter School in Maumelle and was called when a bus with school students broke down. Johnson left the council meeting but returned afterward to attend a budget workshop.

"Basically he was there, we took pictures before the meeting and then he had to leave," Watson said. "What he did was a good thing. He went and rescued a bunch of high school students. But it [the ordinance] doesn't give us the liberty to say what is good and what is bad [for absences]. And the way we thought it read was for attendance for the council meeting."

Johnson's check was for $1,000, which included other missed meetings. He didn't return a phone message Friday.

Other 2014 aldermen receiving the back pay were: Steve Mosley, $750; Ken Saunders, $500; and Jan Hogue, $250. Other former aldermen receiving checks were: Jamie Stell, $750; Doug Ladner, $500; Steve Ibbotson, $500; and Brenton Witonski, $250.

Alderman Marc Kelley initially received a $500 payment, but that was in error and has been returned because he hasn't missed a meeting, according to city records, Watson said.

Even after benefiting from the extra pay, Anderson said he didn't think council members should be paid for missing meetings. His absences, he said, were because of an illness and during the time his mother died this summer. Anderson was re-elected in November and is to be sworn in at tonight's City Council meeting.

"To me, personally, I think we should get paid for the meetings we attend," Anderson said. "I think that's just fair, and not get paid whether you show up or not. I don't think it should be a salary. I don't think that was the intent.

"I remember Burch was throwing a fit [about his missed pay] and I told him 'Dude, you weren't at the meeting,'" he added. "I guess, like everyone else, I was agreeing that was fair. I guess it's something we need to hammer out."

Metro on 01/05/2015

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