Arkansas State press. [volume] (Little Rock, Ark.) 1941-1959, 1950-03-24
OPINION
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March L., 1850

Continued from onel
Mr. Franklin E 10y
Alderman
900 Barber Street
Little Rock Arkansas
Dear Mr. 10y
am in receipt your which my
opinion the validity of Section of Ordinance No 657s
Section / and of said ordinance follows;
The classification Special Negro Police in
Little Rock Police Department hereby created which is and
intended to be and different classification of employ
other classification heretofore created said
Police Department
Section hereby positions of
employment said Special Negro Police classification the
positions this ordinance
all positions of employment heretofore authorized
said Police Department
Section said ordinance provides that the
positions the ordinance shall
provided
Civil Service Commission and advised Of
policemen Little Rock Police
Commission
the qualifications to fill such positions Section Ordinance No
657S provides follows
is hereby o ordinance and of any
employment authorized accepted Under that
through
under shall be entitled shall
benefits pension relief disability
nature for sxh benefits other benefits be
Pocemens Relief any similar
You will notice that though these positions
Little Rock Police Department duly created and which have
been filled by qualified personnel the provisions
of the Civil Service Law, that this Section attempts
prve these Negro policemen from any participation from
of the benefits of pension retirement disability which
given to the other members of Police Department.
Your attention directed Sections and of Act 22 the
of Arkansas for s47 These sections
Act of the Acts Arkansas may as Section
1913 and 99l4 of the Arkansas Statutes
Section l. That Section 10 of Iumber of General
Assembly approved February = 1911 the same is
hereby amended to follows:
any member O Of such city shall
totally permanently or injury
or member Of the - zee department Of city
completed shall become permanently
and totally disabled from Intentionally
ed apple re Board Of Trustees
member from s=~Hee a Hundred
Dollars rrr' partially
abd injury Intentionally inflicted, and who shall,
have beer member of the period o. years.
apn"c~ton shall retired
monthly pension in the proportion ts75oo
per years of service ON the fierce
bears department shall be
retired time because of disability
nation and approval Of the physician selected by the
Trustees The examining physician
lars for each examination
Section Section o the General As.
semby approved February IA. isa be
hereby amended to read follows
Upon application any department who has
been In the service the
who has performed faithful service department during
time the Board shall retire upon pension
eny-Fve s75o0 Dollars Provided, any mem
her Of the years
thf'd service in the department and shall
time working the department shall upon
the Five $500 Dollars worked
and above teo eligibility retire
men said amount to be added TO his
Five ts7500 Dollars month a at Of
One Hundred Twenty Five tsia5 Dollars
provided that who enters
department pursuant
the provision Of this Section until person
the minimum Of fify-onc years"
You will not that these last two quoted statutes make
1t mandatory upon the pension board to retire any member of
the police department who the qualifications there
in e. e words shall retire used Section above quoted
max these Negro policemen members Of the police depart
men they the type OF uniform and do the type
OF work other policemen and there NO AUTHORITY for
the creation Of positions the Little Rock Police Department
special other~sewhieh would permit certain members Of
the police department be DEPRIVED Of their pension rights
under the above quoted state statutes.
II Is fundamental that city council CANNOT pass
dnance contra TO the state statutes and therefore OF the
opinion that Section Of Ordinance No. 6578 INVALID and
IMPERATIVE being repugnant to Act 81 of 194 amend
ed by Act 226 of 1947 Therefore, these Negro police EN-
TITLED TO the SAME RIGHTS and BENEFITS under the Po
lice Pension Fund Act the other members Of the police
partent notwithstanding Section Of Ordinance No. 657s
Yours truly