Council grants one-time waiver on posting for new district court clerk, amid transparency concerns

The Helena/West Helena City Council voted to grant a one-time waiver that dispensed with the city’s usual job-posting rules for a newly hired district court clerk, after a contentious discussion about whether the position was publicly advertised and how salaries are set under state statute.

Judge Jason Carter had submitted notice of a hire for the district court clerk’s office; the city attorney told the council state law determines the clerk’s salary and that district court employees are considered employees of the judge although the city pays salaries. Council members, including Miss Miller and others, said they had not been informed about the hiring or given an opportunity to apply or to review the posting.

Several council members pushed to require full public posting of city jobs in the future and to avoid a pattern of unadvertised hires. The city attorney said the council has two options: require publication per the city personnel manual or approve a one-time waiver. The council voted to approve a one-time waiver for this specific hire and simultaneously instructed that future hires must follow the city’s job-posting policy (city policy language and the relevant Arkansas statute were discussed during the meeting).

Council then discussed base-pay implications. The new hire’s requested starting salary was discussed in the context of state law limiting deputy salaries relative to the chief clerk; figures were quoted in the packet and discussion ranged over $40,020 (minimum noted in memo), $42,000 (requested), and past clerk salaries reported in the record. Council agreed to handle the base pay consistent with state statute and city policy; a formal salary adjustment or base-pay ordinance amendment will be handled as required by statute and by future council action.

The waiver motion passed on a recorded roll call with six yes votes.