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RESUOLUTION NO. 2021- / 0 _-? " e <br />CITY OF BATESVILLE, ARKANSAS <br />A RESOLUTION APPROVING OF THE HIRING OF AN INDEPENDENCE COUNTY <br />DEPUTY DISTRICT COURT CLERK <br />WHEREAS, Linda Tucker recently retired from her position as a deputy clerk from the <br />Independence County District Court after 28 years of dedicated and honorable service; <br />WHEREAS, that Independence County District Court Judge Chaney Taylor has <br />requested that Independence County hire a replacement for said position; <br />WHEREAS, Arkansas Code Annotated 16-17-106 states that a district court deputy clerk <br />must be approved by a governing body before a district court judge can hire said clerk; <br />WHEREAS, the City of Batesville has a governing body in the Batesville City Council; <br />WHEREAS, the Batesville City Council takes the position that it does not operate the <br />Independence County District Court; <br />WHEREAS, The Batesville City Council can still resolve to approve a hire for a district <br />court deputy clerk without accepting responsibility for operating the Independence County <br />District Court and without making comment as to the validity of Arkansas Code Annotated 16- <br />17-106; and <br />WHEREAS, the Batesville City Council does recognize that Independence County <br />Arkansas can pay for the salary of an approved district court deputy clerk as well as govern one <br />through a county handbook, thus evidencing control of the employee. <br />NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of <br />Batesville, Arkansas: <br />Section 1: For the promotion of justice within our collective communities the city of <br />Batesville, Arkansas approves of the hiring of a deputy clerk at the Independence County District <br />Court to replace Linda Tucker's position. <br />Section 2: That this resolution is nonbinding in nature as the City of Batesville <br />currently has no authority, nor has it historically, in the operation and staffing of Independence <br />County District Court. <br />ADOPTED THIS c 4 '—DAY OF 0C)6-)6Le2 , 2021. <br />APPROVED: <br />Al <br />RICK ELUMBAUGH, OR <br />ATTEST: <br />I)ENISE JOHNSTON ITY CLERK <br />