Municipality of Helena-West Helena v. Weaver

286 S.W.3d 132, 374 Ark. 109, 2008 Ark. LEXIS 423
CourtSupreme Court of Arkansas
DecidedJune 26, 2008
Docket08-176
StatusPublished
Cited by1 cases

This text of 286 S.W.3d 132 (Municipality of Helena-West Helena v. Weaver) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Municipality of Helena-West Helena v. Weaver, 286 S.W.3d 132, 374 Ark. 109, 2008 Ark. LEXIS 423 (Ark. 2008).

Opinion

Robert L. Brown, Justice.

The municipality of Helena-West Helena, Arkansas, and Mayor J.F. Valley, Chief Executive Officer of Helena-West Helena (collectively “City”), appeal the issuance of a writ of mandamus by the circuit court. We reverse the issuance of the writ and dismiss.

On July 6, 2007, Johnny Weaver, former mayor of the City of West Helena, filed a petition for a writ of mandamus and declaratory judgment with the Phillips County Circuit Court asking the circuit court to issue a writ of mandamus requiring the City of Helena-West Helena to pay retirement benefits to Weaver and requesting an immediate hearing on the issue. The City answered on July 26, 2007, and denied any wrongdoing. The City also asserted several affirmative defenses, including the defense that Weaver’s claims were not ripe for adjudication. On August 2, 2007, a notice of hearing was filed, notifying the parties that a hearing had been scheduled for the following day, August 3. During the hearing, the City asserted that it did not have adequate notice to prepare. The circuit court agreed, and a second hearing was scheduled for August 9, 2007.

On August 7, 2007, the City moved to dismiss the petition and contended that Weaver had failed to state a claim upon which relief could be granted. Particularly, the City argued that the city ordinance relied on by Weaver, Ordinance 4B enacted by the West Helena City Council in 2005, was invalid and unconstitutional because it contradicted an Arkansas statute, Arkansas Code Annotated § 24-12-123. In addition, the City argued that the issue was not ripe for consideration because Weaver had not reached the age of sixty, the minimum age, absent a city ordinance to the contrary, for a mayor to receive retirement benefits under § 24-12-123. During the August 9 hearing, the City also continued to maintain that Ordinance 4B was invalid and in conflict with state law and that Weaver’s claims were not ripe for consideration.

On November 8, 2007, the circuit court entered an order in which it issued a writ of mandamus and ordered the City to pay retirement benefits to Weaver. The circuit court specifically ruled that Ordinance 4B was valid and effective. The circuit court further found that the ordinance was not repealed by the merger of the cities of Helena and West Helena and ruled that because the Attorney General had not been notified of the City’s constitutional challenge to Ordinance 4B, as required by statute, the circuit court must give “full faith and credit” to the ordinance. The circuit court ruled, in addition, that pursuant to § 24-12-123 and Ordinance 4B, Weaver was presumed to meet the statutory minimum service requirements for receiving benefits, and, thus, Weaver had “an established right to receive retirement benefits.” The circuit court concluded that it was the General Assembly’s intent to issue retirement benefits to retired officials like Weaver and to prevent unfairness to an elected official who was forced out of office due to the merger of two or more cities.

The City filed a timely notice of appeal and brief in this case. No appellate brief was filed in this court on behalf of Weaver.

The City first contends that the circuit court erred by granting Weaver’s petition for a writ of mandamus because the ordinance relied upon by Weaver is in direct conflict with a state statute. The City insists that it is unconstitutional for a municipality to enact an ordinance contrary to a state statute, and the portions of any ordinance that conflict with a statute are void and have no effect. The City specifically claims that Ordinance 4B, which the circuit court relied upon in its order, is void because it contradicts § 24-12-123, which dictates when a mayor of a city of the first class is entitled to retirement benefits and also how a mayor’s additional previous service as an elected official or employee of the city may be counted towards a mayor’s service for purposes of qualifying for retirement benefits. The City concludes that Weaver has not satisfied the criteria to obtain retirement benefits under § 24-12-123 and that because Ordinance 4B conflicts with this section, the ordinance is invalid and should not have been relied upon by the circuit court to issue the writ of mandamus. Again, there is no response brief by Weaver.

Our standard of review for issues of statutory construction is well settled:

We review issues of statutory construction de novo. It is for this court to decide what a statute means, and we are not bound by the circuit court’s interpretation. The basic rule of statutory construction is to give effect to the intent of the General Assembly. In determining the meaning of a statute, the first rule is to construe it just as it reads, giving the words their ordinary and usually accepted meaning in common language____We will accept a circuit court’s interpretation of the law unless it is shown that the court’s interpretation was in error....

Sykes v. Williams, 373 Ark. 236, 240, 283 S.W.3d 209, 213-14 (2008) (internal citations omitted).

Section 24-12-123 dictates the criteria that must be met in order for a mayor of a city of the first class to receive retirement benefits upon his or her retirement as mayor. The relevant subsections of that statute provide:

(a)(1)(A) In all cities of the first class in this state, any person who shall serve as mayor of the city for a period of not less than ten (10) years, upon reaching the age sixty (60), or any person who shall serve as mayor of the city for a period of not less than twenty (20) years, without regard to age, shall be entitled to retire at an annual retirement benefit during the remainder of the person’s natural fife, payable at the rate of one-half (Vz) of the salary payable to the mayor at the time of retirement.
(B) The governing body of the city may provide by ordinance that any person who has served as mayor for a period of not less than ten (10) years may retire upon reaching the age fifty-five (55) with the benefits provided under this section.
(3) However, a mayor who has served as an elected official or employee of that city prior to or after the person’s service as mayor shall count his or her service as an elected official or employee of that city towards the mayor’s retirement as follows:
(A)(i) At the rate of one (1) year of a mayor’s retirement for each two (2) years served as an elected official or an employee of that city up to a maximum of an additional (2) years’ credit towards a mayor’s retirement benefit;
(ii) If authorized by a city ordinance, at the rate of one (1) year of a mayor’s retirement benefit for each two (2) years served as an elected official or an employee of that city up to a maximum of three (3) additional years’ credit towards a mayor’s retirement benefit if the person has not fewer than twenty (20) years of mayor’s credit and is at least fifty-two (52) years of age; or

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Cite This Page — Counsel Stack

Bluebook (online)
286 S.W.3d 132, 374 Ark. 109, 2008 Ark. LEXIS 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/municipality-of-helena-west-helena-v-weaver-ark-2008.