HomeMy WebLinkAbout2021-10-02-RRESUOLUTION NO. 2021- / 0 _-? " e
CITY OF BATESVILLE, ARKANSAS
A RESOLUTION APPROVING OF THE HIRING OF AN INDEPENDENCE COUNTY
DEPUTY DISTRICT COURT CLERK
WHEREAS, Linda Tucker recently retired from her position as a deputy clerk from the
Independence County District Court after 28 years of dedicated and honorable service;
WHEREAS, that Independence County District Court Judge Chaney Taylor has
requested that Independence County hire a replacement for said position;
WHEREAS, Arkansas Code Annotated 16-17-106 states that a district court deputy clerk
must be approved by a governing body before a district court judge can hire said clerk;
WHEREAS, the City of Batesville has a governing body in the Batesville City Council;
WHEREAS, the Batesville City Council takes the position that it does not operate the
Independence County District Court;
WHEREAS, The Batesville City Council can still resolve to approve a hire for a district
court deputy clerk without accepting responsibility for operating the Independence County
District Court and without making comment as to the validity of Arkansas Code Annotated 16-
17-106; and
WHEREAS, the Batesville City Council does recognize that Independence County
Arkansas can pay for the salary of an approved district court deputy clerk as well as govern one
through a county handbook, thus evidencing control of the employee.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Batesville, Arkansas:
Section 1: For the promotion of justice within our collective communities the city of
Batesville, Arkansas approves of the hiring of a deputy clerk at the Independence County District
Court to replace Linda Tucker's position.
Section 2: That this resolution is nonbinding in nature as the City of Batesville
currently has no authority, nor has it historically, in the operation and staffing of Independence
County District Court.
ADOPTED THIS c 4 '—DAY OF 0C)6-)6Le2 , 2021.
APPROVED:
Al
RICK ELUMBAUGH, OR
ATTEST:
I)ENISE JOHNSTON ITY CLERK