Salaries of officials — Salary withheld if professional license or registration suspended — Definition

  1. Law
  2. Arkansas Code
  3. Local Government
  4. Municipal Government
  5. Government Of Municipalities Generally
  6. General Provisions
  7. Salaries of officials — Salary withheld if professional license or registration suspended — Definition

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  1. (a)

    1. (1) Except as provided in subsections (b) and (c) of this section, the salary of an official of a city of the first class, a city of the second class, or an incorporated town may be increased during the term for which the official has been elected or appointed and may be decreased during the term only if requested by the official.

    2. (2) When any city official whose salary is decreased under subdivision (a)(1) of this section leaves office before the expiration of his or her term, his or her successor shall receive a salary not less than the salary for the office immediately before the salary was decreased under subdivision (a)(1) of this section.

  2. (b)

    1. (1) The salary of an elected official of a city of the first class, a city of the second class, or an incorporated town shall be withheld if:

      1. (A) The elected official is required to hold a professional license or registration as a qualification of his or her position; and

      2. (B) The elected official's professional license or registration is suspended.

    2. (2) Upon suspending the professional license or registration of an elected official of a city of the first class, a city of the second class, or an incorporated town, the agency, board, commission, or other authority that issues the professional license or registration at issue shall notify in writing the appropriate municipality or incorporated town.

    3. (3) Upon learning that an elected official's required professional license or registration has been suspended, the governing body of a city of the first class, city of the second class, or incorporated town may cease paying the elected official's salary from the date of suspension.

    4. (4)

      1. (A) Upon restoration of the elected official's professional license or registration, the elected official of a city of the first class, a city of the second class, or an incorporated town may petition the governing body of the city or town for a resumption of salary, and the governing body shall initiate measures to ensure that the elected official's salary is resumed.

      2. (B) The elected official whose salary is resumed under subdivision (b)(4)(A) of this section shall not receive his or her salary for the period that the salary was withheld.

    5. (5)

      1. (A) As used in this subsection, “salary” means the compensation paid to an elected official of a city of the first class, a city of the second class, or an incorporated town for service in that position.

      2. (B) “Salary” includes without limitation any benefits provided to the elected official by virtue of his or her position, including without limitation:

        1. (i) Health insurance;

        2. (ii) Retirement contributions; and

        3. (iii) Retirement benefits.

  3. (c)

    1. (1) The salary for a municipal office may be lowered if the municipal office is vacant.

    2. (2) As used in this subsection, “municipal office” means:

      1. (A) Treasurer;

      2. (B) Clerk;

      3. (C) Recorder;

      4. (D) Clerk-treasurer; and

      5. (E) Recorder-treasurer.


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