S-1 TI CLASSIFICATION, ADMINISTRATION AND PERSONNEL Chapters: 2.04 City Classification 2.08 City Council 2.12 Clerk/Treasurer 2.16 Police Department 2.18 Fire Department 2.20 District Court 2.24 Port Authority 2.28 Advertising and Tourist Promotion Commission 2.32 Ozark Tourist Facilities Board 2.36 Code of Ethics 2.40 Personnel Policies CHAPTER 2.04 CITY CLASSIFICATION Sections: 2.04.01 Operation as first class city 2 04.01 Operation as first class city The city of Ozark,Arkansas, shall operate as a city of the first class under the laws of the state of Arkansas. STATE LAW REFERENCE- See A.C.A. 14-37-105 CHAPTER 2.08 CITY COUNCIL Sections: 2.08.01 Special meetings 2.08.02 Compensation of Aldermen 7 S-3 2.08.01 Special meetings A. A.C.A. 14-43-502 provides that cities may call special meetings of the City Council in such manner as may be provided by ordinance. B. A special meeting of the City Council at times other than the regularly scheduled meetings may be called by either the Mayor or any three Aldermen. In the event, three or more Aldermen desire to call a special meeting, such request shall be delivered to the Mayor in the form of an oral request at which time the Mayor shall call the meeting at the time requested in accordance with law. (Ord.No. 2001-1, Sec. 1-2.) 2.08.02 Compensation of Aldermen The salary of each Alderman of the city of Ozark, Arkansas, shall be Three Hundred Dollars ($300.00)per month for the fiscal year 2013. (Ord. No. 2012-15, Sec. 1.) 2.08.03 Compensation of Mayor The salary of the Mayor shall be $41,202 for the fiscal year 2013. (Ord.No. 2012-15, Sec. 1.) CHAPTER 2.12 CLERK/TREASURER Sections: 2.12.01 Offices combined 2.12.02 Records 2.12.03 Monthly bills 2.12.04 Posting 2.12.05 Budget 2.12.06 Bids 2.12.07 Ordinances 2.12.08 Cemetery record 2.12.09 Personnel manual 2.12.10 Salary 2.12.01 Offices combined The offices of City Clerk and City Treasurer as now constituted,be and the same is hereby ordained,that the two offices be combined into the office of City Clerk, effective January 1, 1969, and that the office of City Clerk shall be filled by appointment or election in accordance with the statutes from this date forward. (Ord.No. 174, Sec. 1.) 2.12.02 Records It is the policy of the city of Ozark to maintain all original documents and records at the City Hall offices and no original city documents or records are to be taken from the City Hall offices without a legal subpoena or court order. Copies of said documents may be made and taken from the City Hall offices. (Ord. No. 87-4, Sec. 1.) 8 S-3 2.12.03 Monthly bills All monthly bills generated by the city of Ozark are to be given to the Mayor as part of his record keeping prior to approval of said bills. (Ord. No. 87-4, Sec. 2.) 2.12.04 Posting The City Clerk or her designated representative shall receipt and post in the journal an expenditure entries to be balanced within three(3) days before each regular City Council meeting and to be balanced prior to any special City Council meeting and said journal entries shall be kept year to date in the journals and balanced. (Ord.No. 87-4, Sec. 3.) 2.12.05 Budget All budget matters shall be set up identical to all journal entries and shall include categories month to date and year to date. (Ord. No. 87-4, Sec. 4.) 2.12.06 Bids A record of all bids and bid openings shall be kept and maintained by the city and recorded in the minute book of the City Council of the city of Ozark. (Ord.No. 87,-4, Sec. 5.) 2.12.07 Ordinances All ordinances of a permanent nature shall be published in a paper of general circulation of the city of Ozark. (Ord.No. 87-4, Sec. 6.) 2.12.08 Cemetery records The City Clerk shall be responsible for maintaining correct, accurate cemetery records. (Ord.No. 87-4, Sec. 7.) 2.12.09 Personnel manual A personnel policy and procedure manual shall be maintained and kept updated at City Hall on all personnel matters. Personnel files shall be maintained on all employees. All comp time,pay rates,vacation times accrued, and sick days accrued be delineated in the personnel policy and procedure manual and kept for each individual employee in their personnel file. (Ord.No. 87-4, Sec. 8.) 2.12.10 Salary For the fiscal year 2012,the City Clerk will have an established salary of $36,576. (Ord. No. 2012-15, Sec. 1.) CHAPTER 2.16 POLICE DEPARTMENT Sections: 2.16.01 Police Department manual 2.16.02 Reserve Unit 2.16.03 Education Fund 2.16.01 Police Department manual A. The City Police Department Policy Manual as adopted July 24, 1999, shall be and hereby is amended. Such amendment shall be in the manner and as specifically set forth in the amended provisions and paragraphs attached hereto. 9 B. Any provisions or portions of the original Policy Manual adopted July 24, 1999, to the extent they are in conflict with the provisions contained in the attachment hereto shall be and hereby are repealed. C. Any new sections or provisions which were not previously addressed in the original policy manual and which new provisions are contained in the attachment hereto shall be and hereby are adopted. (Ord.No. 1999-27, Secs. 1-3.) 2.16.01 Reserve Unit The Ozark Police Reserve Program shall be and hereby is adopted by the City Council of the city of Ozark. The policies and procedures set forth in the Police Reserve Manual attached hereto as Exhibit"A" shall be and hereby are adopted by reference. The provisions contained in said manual are incorporated herein. A. The Reserve Unit is formed to provide active membership for those people within the community who wish to become better acquainted with police work in general, who wish to serve the community, and for those who may be considering a career in law enforcement. As such the Unit will be formulated along the same or similar guidelines upon which the Police Department is organized. The members of this Unit will be required to meet some of the basic criteria which certified police officers are required to meet. Only those individuals who are willing to adhere to the rules of conduct which govern police officers in general will be accepted to the reserve program. B. Potential members must meet the following criteria in order to be considered for acceptance: 1. Each member must be a least twenty-one (21)years old. 2. Potential members must not have been convicted of any felony offenses, must not have a history of convictions or traffic related offenses and/or misdemeanors and be in good standing within the community. 3. Members must be in good physical condition and the weight of each member should be in proportion to his or her height. 4. Each member must be willing to undergo a basic background investigation by the Police Department. C. In order to be accepted as a member of the Reserve Unit,the individual must be willing to complete a certified reserve school and have a physical and psychological exam done at their expense. Acceptance to the reserve program will be determined by the Chief of Police. 10 D. All Reserve Unit individuals who are selected to be on the reserve program with • the Ozark Police Department, during such time until they go to the schooling, will not be allowed to carry any manner of firearm, striking device, or any other weapon capable of causing physical injury to another while performing duty as a reserve member,nor will they have any authority, express or implied. Each person must complete and pass the reserve schooling. If not,they will automatically be removed from the Reserve Unit. After completion of the Reserve Part-Time II class,they may be certified and authorized to carry a handgun. E. Upon completing schooling and being certified as a reserve officer,they will be required to work on a shift as deemed by the Chief of Police and also help in e city, such as: football games,parades, extra special events going on within th ty, g ,p , patrol night, and road blocks, all as directed by the Chief of Police. F. Each member will be required to sign a prepared waiver which will release the Police Department and the city from any liability for any injuries,harm or damages of whatsoever nature and arising out of any claim, complaint or cause of action of any type whatsoever. In the event of bodily harm, all responsibility for any legal,medical or hospital expenses will be the responsibility of the individual. G. No reserve officer will equip his privately owned vehicle with police emergency equipment such as blue light, siren, etc. H. No member will perform any duties or have any authority in any police capacity when not working at the same time as and in conjunction with a full time certified officer. Outside of the conditions of working a schedule when he/she is to be working with another certified officer,the member must remember that he/she is only a private citizen,not a representative of this department and thus has no independent or continuing authority as a police officer. I. Each reserve officer will be issued a copy of the rules and regulations which govern the Police Department. The members of the Reserve Unit will be expected to adhere to those rules which apply to them. Many of the rules within the Police Department handbook will not apply to reserve officers. During the course of the formation of the reserve, any member who has a question pertaining to the rules and regulations should address those questions to the Chief of Police. (Ord.No. 1999-3, Seca 1-2.) 2.16.03 Education Fund The city of Ozark Ord.No. 1994-33 sets forth and establishes the budget for the year 1995. The said ordinance shall be and hereby is amended to reflect a transfer of$1,000.00 for the Police Expense Fund to the Police Drug Education Fund. Such funds will be used by the Ozark Police Department as an aid to enforcement of and education of controlled substance laws. (Ord.No. 1995-11, Sec. 1.) 11 S-1 CHAPTER 2.18 FIRE DEPARTMENT Sections: 2.18.01 Fire Chief 2.18.01 Fire Chief A. The position of Fire Department Administrator is abolished and the duties of said position will be performed by the new Fire Chief as of May 1, 2009. That all persons formerly acting under the supervision of the Fire Department Administrator shall henceforth be under the direction of the Fire Chief as of May 1, 2009. B. Kevin Eveld is hereby appointed Fire Chief of the city of Ozark as of May 1, 2009, and his salary is hereby established at $30,000.00. (Ord.No. 2009-13, Secs. 1-2.) 11.1 . CHAPTER 2.20 DISTRICT COURT Sections: 2.20.01 Established 2.20.02 District Judge 2.20.03 Salary 2.20.04 Court and jail costs 2.20.01 Established Under the provisions of Act 60 of the General Assembly of 1927 and Acts amendatory thereto,there is hereby created a District Court in the Ozark District of Franklin County, at Ozark, Arkansas,to be styled"The District Court of Ozark,Arkansas," which Court shall be conducted in all respects in compliance with said Act, the amendments thereto and all other applicable laws of the state of Arkansas. (Ord.No. 248, Sec. 1.) 2.20.02 District Jud,2e A. The City Council of the city of Ozark shall appoint by resolution,which shall be passed viva voce, with a majority of the Council concurring, a qualified person to fill the vacancy in the office of District Judge created by this ordinance. The Judge so appointed shall serve until his successor is elected, in the next biennial general election held in even numbered years, and qualified as such and who shall serve for this term two (2)years. Subsequent terms shall be for four(4) years. Subsequent vacancies, which occur in the office of District Judge shall be filled as now provided by law. B. Every four(4)years at the biennial General Election held in even numbered years, there shall be elected a District Judge whose term of office shall be four(4) years, and until his successor is elected and qualified as such. The applicable provisions of Act 1 of the General Assembly of 1975 and the Acts amendatory thereto shall be followed in qualifying for and conducting said election for District Judge. (Ord.No. 248, Sec. 4-5.) 2.20.03 Salary The salary of the District Judge shall be $941.66 per month. The modification of District Judge salary shall not be effective until August 1, 1997. (Ord.No. 97-6, Sec. 1.) 2.20.04 Court and jail costs A. The city of Ozark shall levy and collect expenses as authorized by A.C.A. 12-41- 505 for carrying a person convicted of a criminal offense or a misdemeanor to jail and also for his or her support from the day of his or her initial incarceration for . the whole time he or she remains incarcerated. (Ord. No. 2007-23, Sec. 1.) 12 S-3 B. The city of Ozark shall levy and collect a Twenty Dollar($20.00)jail fee as authorized by A.C.A. 16-17-129 for all convictions, and/or pleas of guilty or nolo contendere, bond forfeitures, on all misdemeanors, violations or other offenses under state law and violations of local ordinance committed within the city limits. (Ord.No. 2012-18, Sec. 1.) C. Moving traffic violation: 1. In addition to any fines provided by law,there shall be assessed and collected a penalty of Three Dollars ($3.00) for each conviction of a moving traffic violation, where the conviction arises out of the operation of a motor vehicle in violation of municipal ordinances or the laws of this state, and in addition to any fines provided by law, there shall be assessed and collection a penalty of Three Dollars ($3.00) for each conviction for the violation of a criminal law of this state to fund the Police Retirement System as provided by the Arkansas Local Police and Fire Retirement System. 2. For the purposes of this ordinance,the term"conviction" shall include forfeiture of bond, conviction by trail, any guilty plea, or plea of non- contest. Any bond posted pursuant to a charge or citation for violation of any law or ordinance specified in this section shall include the Three Dollars ($3.00)additional penalty provided herein. 3. The provisions of this ordinance shall apply to all fines assessed by the city of Ozark pursuant to the jurisdiction of the District Court of Franklin County, Arkansas, Ozark District. 4. All penalties collected under the provisions of this sub-chapter shall be deemed to be collected for payments to fund the employer's share of retirement costs for certified police personnel, covered under the Arkansas Local Police and Fire Retirement System. 5. All penalties collected under the provisions of this sub-chapter shall be remitted, by the collecting officials, to the City Clerk for deposit into the Local Police and Fire Retirement System Subsidy Account on or before the 5th day of the month following the month of collection thereof. 6. Failure to collect and remit such funds as provided herein, will be punishable as provided by the laws of the state of Arkansas. (Ord. No. 91- 8, Secs. 1-6.) D. The City Council of the city of Ozark, Arkansas, hereby levy a Three Dollar ($3.00) additional court cost upon each plea of guilty, nolo contendere, bond 13 forfeiture, or determination of guilty for misdemeanor or traffic violations in District Court of Franklin County, Ozark,District, and said funds shall be used solely for the Administration of Justice. (Ord.No. 88-4, Sec. 1.) CHAPTER 2.24 PORT AUTHORITY Sections: 2.24.01 Created 2.24.02 Members 2.24.03 Compensation 2.24.04 Removal 2.24.05 Revenue 2.24.06 Records 2.24.07 Budget 2.24.01 Created There is hereby created and established a port authority for the city of Ozark to be known as the Port Authority of the city of Ozark,pursuant to Act No. 167 of Acts of the General Assembly of the state of Arkansas for 1947 and Acts amendatory thereto. (Ord.No. 192, Sec. 1.) 2.24.02 Members The members of the authority shall be nominated by the Mayor and confirmed by the City Council. The chairman shall be so designated in the nomination and confirmation. In the event of a vacancy,however caused,the successor shall be nominated by the Mayor and confirmed by the City Council for the unexpired term. (Ord.No. 192, Sec. 2.) 2.24.03 Compensation The member of the authority shall receive no compensation for their services. (Ord.No. 192, Sec. 3.) 2.24.04 Removal Any member of the authority appointed under the provisions of this ordinance may be removed by the Mayor provided such removal is approved by the City Council. (Ord.No. 192, Sec. 4.) 2.24.05 Revenue All revenue derived from the operation of the Port Authority, after paying the operation expenses and maintenance, shall be set aside and used for additional improvements,reserves for depreciation, or for the retirement of bonds and interest thereon issued by the City Council of the city of Ozark for the purposes in said Act 167 enumerated in the manner now provided by law. All Authority funds shall be deposited in a bank or banks to be designated by the authority. Funds of the Authority shall be paid out only upon warrants 14 signed by the Treasurer of the Authority and countersigned by the Chairman or acting chairman. No warrants shall be drawn or issued disbursing any of the funds of the Authority except for a purpose authorized by said Act 167 and only when the account or expenditure for which the same is to be given in payment has been audited and approved by the Authority. (Ord.No. 192, Sec. 5.) 2.24.06 Records The Port Authority shall keep a record of all revenues and expenditures of the Port Authority, its related properties and facilities, and shall submit monthly reports to the City Council of the city. It shall be the duty of the Board of the Port Authority to prepare and file an annual report of the financial affairs and conditions of said Port Authority, its related properties and facilities annually between the fifteenth(15'x')day of January and the first Monday in February thereafter;the said report shall be filed in the office of the Clerk of the city, and said report shall be published in some newspaper in the city, and shall show a complete statement of all moneys received and disbursed by the Authority during the preceding year. Such statement shall show the several sources from which funds were received, and the balance on hand at the time of publishing the statement, and shall show the complete financial condition of the Authority. (Ord. No. 192, Sec. 6.) 2.24.07 Budget The said Port Authority shall submit to the city annually before the city prepares its budget,the amount of funds necessary for maintenance, operation, and management of the Port Authority, its related properties and facilities, above the estimated revenue and the funds remaining on hand. (Ord.No. 192, Sec. 7.) CHAPTER 2.28 ADVERTISING AND TOURIST PROMOTION COMMISSION I Sections: 2.28.01 Definitions 2.28.02 Gross receipts tax 2.28.03 Taxable businesses 2.28.04 Creation of City Advertising and Tourist Promotion Fund 2.28.05 Creation of City Advertising and Tourist Promotion Commission 2.28.06 Organization of Commission;powers and duties 2.28.07 Enforcement and collection 2.28.08 Examination of records 2.28.09 Notice 2.28.10 Administrative procedure 2.28.11 Certificate of indebtedness/judgment 15 2.28.01 Definitions Advertising and tourist promotion Any activity connected with tourism. Gross receipts tax A tax of one percent(I%)upon the gross receipts or gross proceeds from renting leasing or otherwise furnishing of motel or hotel accommodations and upon the gross receipts or gross proceeds of restaurants, cafes and cafeterias in the city of Ozark, Arkansas. Hotel and motel accommodations The renting, leasing or otherwise furnishing or accommodations in hotels or motels upon a day to day basis or a week to week basis. Provided, however,that this shall not include the renting, leasing or furnishing of accommodations upon month to month tenancies or tenancies of a longer duration. Restaurants, cafes and cafeterias Any establishment engaged in the business of selling prepared food for consumption on the premises, and shall include the gross receipts upon all such sales of prepared foods. (Ord.No. 91-5, Sec. 1.) 2.28.02 Gross receipts tax From and after the passage and approval of this ordinance, a tax in the sum of one percent(1%) shall be levied upon the gross receipts or gross proceeds upon renting, leasing or otherwise furnishing of hotel or motel accommodations for profit, and upon the gross receipts or gross proceeds of restaurants, cafes and cafeterias within the corporate limits of the city of Ozark,Arkansas. The tax herein levied shall be paid by the person, firms or corporations liable therefore, and shall be collected by the City Advertising and Tourist Promotion Commission in the same manner and at the same time as the Arkansas Gross Receipts Act 26-52-101. All the provisions of the Act, and the rules,regulations and forms promulgated and prescribed by the Commissioners of Revenues pursuant to said act shall, as far as practicable,be applicable with respect to the enforcement and collection of the tax levied pursuant to this ordinance. (Ord.No. 91-5, Sec. 2.) 2.28.03 Taxable business The City Advertising and Tourist Promotion Commission shall prepare and maintain a current list of the business establishments in the city of Ozark subject to the above tax. (Ord.No. 91-5, Sec. 3.) 2.28.04 Creation of City Advertising and Tourist Promotion Fund A. The funds received by the city of Ozark Advertising and Tourist Promotion Commission, under the provisions of this ordinance, shall be paid into a fund to be known as the city of Ozark Advertising and Tourist Promotion Fund. The monies so collected shall be used exclusively for the advertising and promotion of the city of Ozark,Arkansas, and its environs and/or for the extension, equipment, improvement, maintenance, repair and operation of a convention center or convention centers in such city, and facilities necessary for, supporting or otherwise pertaining to, a convention center in the manner as shall be determined by the City Advertising and Tourist Promotion Commission. 16 S-3 B. All revenues received by the city of Ozark Advertising and Tourist Promotion Commission pursuant to A.C.A. 26-75-501 —26-75-613 shall be "special revenues," and shall be deposited by the City Advertising and Tourist Promotion Commission in such bank account or accounts as may be designated by the city of Ozark Advertising and Tourist Promotion Commission. (Ord. No. 91-5, Sec. 4.) 2.28.05 Creation of City Advertising and Tourist Promotion Commission The city of Ozark Advertising and Tourism Promotion Commission shall be composed of seven(7) members, as follows: A. Four(4)members shall be owners or managers of businesses in the tourism industry, and the owner of manager shall reside in the levying municipality or outside the municipality but within the county in which the municipality is located. B. At least three (3)of these members shall be owners or managers of hotels, motels, or restaurants and shall serve for staggered terms of four(4)years. C. Two (2) members of the Commission shall be members of the governing body of the municipality(City Council) and selected by the governing body, and shall serve at the will of the governing body, and D. One (1) member shall be from the public at large who shall reside within the levying municipality and shall serve for a term of four(4) years. E. In the event of a vacancy occurring on said Commission, said vacancy shall be filled by the Mayor, subject to the approval of the Ozark City Council. Each Commissioner shall file the oath required by law in the state of Arkansas of public officials. Each Commissioner shall furnish to the city of Ozark a Five Thousand Dollar($5,000.00) surety bond that will serve to insure the city against misappropriation or mishandling of funds. The surety on said bonds shall be a reputable surety corporation. The premium of said bond shall be paid for the city of Ozark Advertising and Tourism Promotion Fund. (Ord.No. 2006-20, Sec. 1- 5.) 2.28.06 Organization of Commission; powers and duties A. The city of Ozark Advertising and Tourist Promotion Commission shall meet within two (2)weeks of its appointment and shall be organized by electing a Chairman, a Vice-Chairman, a Secretary and a Treasurer. Thereafter,the Commission shall meet as often as may be necessary, and shall be subject to special call by the Chairman. Provided, however,that the Commission shall meet at least quarterly each year. It shall be the duty of the Secretary of said Commission to notify all members in writing at least seven(7) days in advance of said quarterly meetings. (Ord. No. 2012-7, Sec. 1.) 17 B. The Commissioners shall adopt such rules and regulations as they may deem necessary and expedient for the proper operation of said Commission, and they shall have the authority to alter, change or amend such rules and regulations at their discretion. C. The Commission, hereunder appointed, shall have the exclusive authority to utilize all revenues collected in the city of Ozark Advertising and Tourist Promotion Fund for the advertising and promotion of the city and its environs and/or for the extension, equipment, improvement,maintenance, repair and operation of a convention center or convention centers in said city, and facilities necessary for, supporting or otherwise pertaining to, a convention center as provided by A.C.A. 26-75-601 —26-75-613. D. The Commissioners hereunder appointed, in addition to their other powers enumerated herein, shall have the exclusive right and power to make purchases of all supplies necessary for the management and operation of the Commission. E. The Commissioners shall have the authority to employ the necessary personnel to assist in the administration and operation of the city of Ozark Advertising and Tourist Promotion Fund and shall have the authority to fix the salary or salaries for such personnel. Any employee who shall handle funds for the Commission shall be required to furnish the city a surety bond, in an amount to be determined by the Commission, to insure the city against misappropriation of funds. F. The Commissioners shall make quarterly reports to the Mayor and City Council of the city of Ozark, Arkansas, beginning three (3)months after their oath of office,reporting in full on the operations of the Commission, including an accounting of receipts and disbursements, and shall upon request of the Ozark City Council furnish such other and further reports and data as may be required for an audit of the operations of the Commission to the Mayor and City Council of the city of Ozark,Arkansas. G. The failure of any Commissioners,having received due notice,to attend any two (2) consecutive meetings of said Commission and offering no sufficient excuse therefore, shall constitute cause for removal from said Commission. The Secretary shall report the dates of the non-attendance of the Commissioner to the Chairman of the Commission who shall then forward said information to the City Council for appropriate action. (Ord. No. 91-5, Sec. 6.) 2.28.07 Enforcement and collection A. Any person , organization, firm, group or party failing to comply with this ordinance shall be guilty of a misdemeanor and upon conviction shall be fined not less than Fifty Dollars ($50.00)nor more than Five Hundred Dollars ($500.00), 18 together with costs of the proceeding. Each day said willful failure to comply continues shall constitute a separate offense and may be prosecuted accordingly. (Ord.No. 2006-20, Sec. 2.) B. In addition to all other powers granted to the Commission pursuant to state law, the Commission shall have full enforcement and collection powers as set forth in A.C.A. 26-75-603 and 26-18-101, set seq., as well as the power to: a. Assess penalties and interest against taxpayers who fail to timely report or pay the tax. The penalty shall be equal to five percent(5%) of the unpaid tax amount per month not to exceed a total assessment of thirty-five (35%) of the unpaid tax. Simple interest on unpaid taxes shall be assessed at the rate of ten percent(10%) per annum; b. Assess unpaid or unreported tax within three (3)years of the date the tax is due; C. Provide for judicial relief from proposed assessments in accordance with this section; d. Issue certificates of indebtedness in accordance with Section(E). (Ord.No. 2004-10, Sec. 1.) 2.28.08 Examination of records In the administration of the hotel and restaurant tax authorized by this chapter,the Commission, for the purpose of determining the accuracy of a report of fixing any liability under such tax provisions,may make an examination or investigation of the place of business,the tangible personal property, equipment, and facilities, and the books,records,papers, vouchers, accounts, and documents of any taxpayer or other person. Every taxpayer or other person and his agents and employees shall exhibit to the Commission these pieces and items and facilitate any examination or investigation. (Ord. No. 2004-10, Sec. 1.) 2.28.09 Notice A. The Commission shall give the taxpayer notice of any assessment, demand, decision, or hearing before the Commission which directly involves that taxpayer. B. All notice required to be given by the Commission to a taxpayer shall be either served by personal service or set by mail to the taxpayer's last address on record with the Commission. If this mail is returned unclaimed or refused,then proper notice shall have been served and given, and the Commission may take any action permitted by this section and A.C.A. 26-75-603. 19 C. If any taxpayer fails to file a report and remit the hotel and restaurant tax as provided for by this section,the Commission,from any information in its possession or obtainable by it, may determine the correct amount of tax due in accordance with the following procedure: The Commission shall propose the assessment of tax due,plus penalties, as the case may be, and shall give notice of the proposed assessment to the taxpayer. (Ord.No.2004-10, Sec. 1.) 2.28.10 Administrative procedure Any taxpayer who wishes to seek administrative relief from any proposed assessment of taxes shall do so pursuant to the following procedures: A. A taxpayer may at his option either request the Commission to consider his request for relief solely upon written documents furnished by the taxpayer or upon the written documents and any evidence produced by the taxpayer at a hearing. B. A taxpayer who requests the Commission to render its decision based on written documents is not entitled by law to any other administrative hearing prior to the Commission's rendering of its decision, and, if necessary,the issuing of a final assessment and demand for payment or issuing of a certificate of indebtedness. C. If the taxpayer requests a hearing,the Commission shall set the time and place for hearing and shall give the taxpayer reasonable notice thereof. D. Within thirty(30) days of the issuance and service on the taxpayer of the notice and demand for payment of a deficiency in tax established by 1. a proposed assessment which is not protested by the taxpayer under this chapter, or 2. a final determination of the Commission following administrative review, the taxpayer may seek judicial relief from the final determination in accordance with A.C.A. 26-75-603(d). (Ord.No. 2004-10, Sec. 1.) 2.28.11 Certificate of indebtedness/judgrnent A. If a taxpayer does not timely and properly pursue his remedies seeking relief from a decision of the Commission, and a final assessment is made against the taxpayer, or if the taxpayer fails to pay the deficiency assessed upon notice and demand,then the Commission shall, as soon as practicable thereafter,utilize the provisions of A.C.A. 26-75-603(e)to enforce payment by issuing to the Circuit Clerk a certificate of indebtedness certifying that the person named therein is indebted to the Commission for the amount of the tax established by the Commission as due. 20 B. The Circuit Clerk shall enter immediately upon the Circuit Court judgment docket: 1. The name of the delinquent taxpayer; 2. The amount certified as being due; 3. The name of the tax; and 4. The date of entry upon the judgment docket. C. The entry of the certificate of indebtedness shall have the same force and effect as the entry of judgment rendered by the Circuit Court. This entry shall constitute the Commission's lien upon the title of any real and personal property of the taxpayer in the county where the certificate of indebtedness is recorded. D. The certificate of indebtedness authorized by this subsection shall continue in force for ten(10) years from the date of recording and shall automatically expire after the ten-year period has run. Actions on the lien on the certificate of indebtedness shall be commenced within ten(10)years after the date of recording of the certificate, and not afterward. E. The Commission shall have all remedies and may take all proceedings for the collection of the tax which may be taken for the recovery of a judgment at law. (Ord.No. 2004-10, Sec. 1.) CHAPTER 2.32 OZARK TOURIST FACILITIES BOARD Sections: 2.32.01 Created 2.32.02 Name 2.32.03 Members 2.32.04 Powers 2.32.05 Revenue bonds 2.32.06 Duties 2.32.01 Created In accordance with and pursuant to the authority conferred by the provisions of Act.No. 142,there is hereby created and established a Public Facilities Board(the "Board")with authority as hereinafter provided to accomplish, finance, contract concerning and otherwise dispose of and deal with"tourist facilities" (as defined in Act.No. 142)to be owned and operated by Richard B. Griffin and/or Riverbend Constructors, Inc. (Ord.No. 82-9, Sec. 1.) 21 2.32.02 Name The name of the Board shall be Ozark Tourist Facilities Board. (Ord.No. 82-9, Sec. 2.) 2.32.03 Members The initial members of the Board, each of whom is a qualified elector of the city, and their respective terms of office shall be: David Gibbons Five years Charles Otto Haberer Four years Winston Hardin Three years Ann Wiggins Two years Mary Yates One year Each members shall take and file with the City Clerk the oath of office prescribed by Act No. 142. (Ord.No. 82-9, Sec. 3.) 2.32.04 Powers The Board is empowered, from time to time, to own, acquire, construct, reconstruct, extend, equip, improve, sell, lease, contract concerning or otherwise dispose of tourist facilities(including specifically the proposed improvements as hereinbefore defined); provided,however,that the authority of the Board shall be limited to such tourist facilities as are to be sold or leased to Richard B. Griffin and/or Riverbend Constructors Inc., or as are otherwise financed by the load of funds by the Board to Richard B. Griffin and/or Riverbend Constructors, Inc. (Ord.No. 82-9, Sec. 4.) 2.32.05 Revenue bonds The Board is authorized to issue revenue bonds from time to time and to use the proceeds, either alone or together with other available funds and revenues,to accomplish the proposed improvements. Such revenue bonds shall be obligations only of the Board and shall not constitute an indebtedness for which the faith and credit of the city or any of its revenues are pledged, and the principal of and interest on the bonds shall be payable from and secured by a pledge of revenues derived from the proposed improvements, in whole or in part,by such bonds, as authorized by and in accordance with the provisions of Act.No. 142. (Ord.No. 82-9, Sec. 5.) 2.32.06 Duties The Board shall have all of the powers provided for in Act No. 142, subject to the limitations of this ordinance, and shall carry out its duties in accordance with Act. No. 142, including specifically,without limitation,the filing of the annual report required by Section 18 of Act No. 142. The Board shall, in all dealings with Richard B. Griffin and/or Riverbend Constructors, Inc.,take all appropriate action necessary to comply with the Constitution and laws of the United States of America and of the state of Arkansas. (Ord.No. 82-9, Sec. 6.) 22 CHAPTER 2.36 CODE OF ETHICS Sections: 2.36.01 Definitions 2.36.02 Compliance with law 2.36.03 Advisory opinions 2.36.04 Use of influence and knowledge for personal gain 2.36.05 Contracts with the city of Ozark 2.36.06 Conflicts of interest 2.36.07 Receipt of gifts 2.36.01 Definitions Business means any specific and particular corporation,partnership, sole proprietorship, firm, enterprise, franchise, association, organization, self-employed individual, receivership, trust or any legal entity through which a commercial enterprise is conducted. City official means any individual holding an elected or appointed position in the government of the city of Ozark. This includes but is not limited to the Mayor,the members of the City Council,the City Clerk,the City Treasurer,the City Attorney, members of the Planning Commission, and Department Heads. Compensation means any money or anything of value received or to be received as a claim for future services, whether in the form of a retainer, fee, salary, expense, allowance, forbearance, forgiveness, interest, dividend,royalty,rent, or any other form of recompense or any combination thereof. It includes a payment made under obligation for services or other value received. Contracts means any contract, lease agreement, grant,request for proposal, sub-grant, sub-contract, sublease or assignment. Family means an individual who is a spouse,natural or adopted child,parent,brother, sister,brother-in-law, sister-in-law,mother-in-law, father-in-law, son-in-law, or daughter-in-law. Financial interest means any relationship to a business in which a city official or member of his or her family is an officer, director, or owns more than a ten percent(10%) interest. Gift means any payment, entertainment, advance, services or anything of value,unless consideration of equal or greater value has been given therefore. It does not include: 23 A. Informational material such as books, reports, pamphlets, calendars,or periodicals informing a public servant regarding his or her official duties. (Note: payments for travel or reimbursement for any expenses are not informational material); B. The giving or receiving of food, lodging, or travel which bears a relationship to the public servant's office and when appearing in an official capacity; C. Gifts which are not used and which,within thirty(30) days after receipt, are returned to the donor; D. Gifts from an individual's spouse, child,parent, grandparent, grandchild,brother, sister,parent-in-law,brother-in-law, sister-in-law, nephew,niece, aunt, uncle or first cousin, or the spouse of any of theses persons, unless the person is acting as an agent or intermediary for any person not covered by this paragraph; E. Campaign contributions; F. Any devise or inheritance; G. Anything with a value of$100.00 or less; or H. Wedding presents. Person means a business, individual, corporation, union, association, firm,partnership, committee, club or other organization or group of persons. (Ord.No. 2005-10, Sec. 1.) 2.36.02 Compliance with law City officials shall comply with all constitutional and statutory provisions relating to elected office. Violation of any constitutional or statutory provision shall be grounds for administering penalties as provided in the Code of Ethics. (Ord. No. 2005-10, Sec. 2.) 2.36.03 Advisory opinions A city official may request in writing an advisory opinion from the City Attorney concerning his or her compliance with the city of Ozark Code of Ethics. (Ord. No. 2005-10, Sec. 3.) 2.36.04 Use of influence and knowledge for personal gain A city official,personally or through others, shall not knowingly: A. Use the influence or knowledge of his or her office to obtain personal or family financial gain other than that provided by law for the performance of the city official's duties. B. Acquire a financial interest in any business which the city official has reason to believe may be directly affected to its economic benefit by action taken by the • city of Ozark. 24 C. Perform an act that adversely affects a business when the city official or his or her • family has a financial interest in a competing business. D. Use or attempt to use his or her official position to secure or create privileges, advantages, or special treatment for the city official's benefit or the benefit of the city official's family unless the enactment or administration of law benefits the public generally. E. Use of public funds or the time or counsel of public employees, for his or her personal or family gain. F. Use his or her official position by any means to influence any city department or employee for personal or family gain by the use of express or implied threat of reprisal. (Ord.No. 2005-10, Sec. 4.) 2 36 05 Contracts with the city of Ozark No city official shall have a financial interest in any contract with the city unless it is awarded through a process of public notice and competitive bidding, or through a public notice requesting proposals. Contracts entered into prior to a city official's beginning his or her term or appointment are not subject to this rule. Extension of any such contracts are subject to the provisions of this rule. Further,contracts for the purchase of goods or the providing of services with a value of less than Five Hundred Dollars($500.00) are not subject to this rule. However, such contracts under Five Hundred Dollars ($500.00) shall be subject to all other provisions of this ordinance. (Ord.No. 2005-10, Sec. 5.) 2.36.06 Conflicts of interest A city official shall not participate in the discussion of a question or vote on any matter in which the city official knows: A. He or she, or any member of his or her family, or a business in which the city official has a financial interest,will derive a benefit as a result of legislative action. This prohibition does not apply when the matter provides a benefit to the city official,his or her family, or business associate, as a member of a business, profession, occupation or other group. B. Will specifically relate to a business which employee the city official or in which he or she receives compensation as an attorney or consultant. This prohibition does not apply when the matter provides a benefit,which accrues, generally to other like businesses,professions, occupations, or other groups. (Ord. No. 2005- 10, Sec. 6.) 2.36.07 Receipt of gifts All city officials will abide by A.C.A., Title 21, Chapter 8 (Ethics and Conflicts of Interest), and the rules established by the Arkansas Ethics Commission concerning the receipt of gifts by public servants. (Ord.No. 2005-10, Sec. 7.) 25 2.36.08 Penalties S-1 A. Any city official that violates 2.32.04, 2.32.05 or 2.32.06 of this ordinance shall, upon conviction in District Court,be subject to a fine not exceeding the sum of Two Hundred Fifty Dollars ($250.00) for each and every violation. B. Any city official that violates A.C.A., Title 21, Chapter 8, shall be subject to the penalties prescribed by that chapter. (Ord.No. 2005-10, Sec. 8.) CHAPTER 2.40 PERSONNEL POLICIES Sections: 2.40.01 Adopted 2.40.02 Amendments 2.40.03 Salaries 2.40.01 Adopted The attached Personnel Policy Manual and all provisions there shall be and hereby are adopted as the official Personnel Policy Manual for the non-police employees of the city of Ozark. Each employee of the city of Ozark shall be provided a copy of this new and modified Personnel Policy Manual, and each employee shall be required to sign a statement that they have received a copy of same. (Ord.No. 2000-1, Sec. 2.) 2.40.02 Amendments Ord.No.2001-8 Section I Employment Policies Authority to Hire and Fire The Mayor of the city of Ozark has the final authority to hire and fire any and all employees of the city. The Mayor shall have all authority to hire and fire department heads or supervisors. Department heads may hire and fire employees within their respective departments with approval of the Mayor. The decision to hire an employee other than a department head may be overridden by a 2/3 majority vote of the total membership of the City Council. Section I Employment Policies Job Posting and Advertising An application for employment will be accepted from anyone who wishes to apply for employment on forms provided by the city. Application forms are available in the office of the City Clerk. 26 Openings will be filled at the discretion of the Mayor, subject to the 2/3 majority vote override that the City Council may implement. Applications for full time employment will not be accepted from anyone under eighteen(18) years of age. Section II General Employee Benefits Sick Leave An employee who is unable to report for work due to one of the previously listed sick leave reasons shall report his absence to the employee's supervisor or someone acting for the employee's supervisor within one (1)hour from the time the employee is expected to report for work. Sick leave with pay may not be allowed unless such report has been made as aforementioned. Section III Matters Affecting the Status of Employees Work Hours Except for police officers, work hours for all employees shall be forty (40) hours per week Monday through Friday. Work hours for police shall be in accordance with state statutes and departmental regulations. Section III Matters Affecting the Status of Employees Vacancies and Promotions The final decision regarding promotions shall be made by the Mayor upon the recommendation of the Department Head. However,the promotion decision may be overridden by a 2/3 majority vote of the City Council. Yearly pay step increases or promotion shall be made by the Mayor upon recommendation by the Department Head. Each employee shall become eligible to receive a step increase after 12 months continuous service and satisfactory performance evaluation(see below). However, once again,the increases and promotions may be overridden by a 2/3 majority vote of the City Council Section IV Standards of Conduct Guidelines for Appropriate Conduct 7. Buying or using alcoholic beverages while on city property or using alcoholic beverages while engaged in city business; Ord.No. 2001-11 Section III Matters Affecting the Status of Employees Work Hours Except for police officers,work hours for all employees shall be forty (40) hours per week with the work week beginning 5:00 p.m. Friday and ending 5:00 p.m. the following Friday. Work hours for police shall be in accordance with state statutes and departmental regulations. 27 S-3 2.40.03 Salaries A. For the fiscal year 2013,the following named position will have an established salary or hourly rate at the level set opposite each position listed below: Mayor $41,202 City Clerk $36,576 Alderperson $300/mo Pool Manager $8.75/hr Head Lifeguard $7.50/hr Lifeguard $7.25/hr Sr. Citizen Bus Driver $19,392 Fire Chief Vacation Replacement $13.00/hr (Ord.No. 2012-15, Sec. 1.) B. All other employees' salary will increase by 2%, and will be subject to the attached wage schedule and conditions for salary increase adopted by City Council on January 11, 2010, Ord.No. 2009-25. (Ord.No. 2012-15, Sec. 2.) C. For the fiscal year 2013,the following named position will have an established salary at the level set opposite each position listed below: Part-time certified officers $13.00/hr. (Ord.No. 2012-16, Sec. 1.) Part-time non-certified officers $10.00/hr (Ord.No. 2010-1, Sec. 1.) 27.1