2024-O-42 Chapter 13ORDINANCE NO.2024-0-42
AN ORDINANCE OF THE CITY OF EDGEWATER,
AMENDING CHAPTER 13 (PERSONNEL), SECTION 1340
(BOARD OF TRUSTEES FOR GENERAL EMPLOYEES
PENSION TRUST FUND) OF THE CODE OF ORDINANCES,
CITY OF EDGEWATER, FLORIDA, PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR CODIFICATION, AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, there is a pending revocation under Florida Statutes §447.305(6) of Union
Certification 1971 for Northeast Florida Public Employees, Local 630, Laborers International
Union of North America AFL-CIO ("Union") to continue to represent the general employees of
the City;
WHEREAS, one of the seats on the Board of Trustees is a Union Representative appointed
by the Union;
WHEREAS, this amendment is recommended so that if there is a revocation of the Union
Certification 1971, there is a means to select a person to hold the fifth member seat on the Board
of Trustees;
WHEREAS, the City Council of the City of Edgewater, Florida has made the following
determinations:
1. Based on the recommendation of the Board of Trustees of the Edgewater General
Employees' Retirement Plan, the General Employees' Retirement Plan, Section 13-40 (Board of
trustees for general employees pension trust fund) should be amended.
NOW, THEREFORE, BE IT ENACTED, by the City Council of the City of Edgewater,
Florida
PART A. AMENDING CHAPTER 13 (PERSONNEL), SECTION 1340 (BOARD OF
TRUSTEES FOR GENERAL EMPLOYEES PENSION TRUST FUND) OF
THE CODE OF ORDINANCES.
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Chapter 13 (Personnel), Section 1340 (Board of Trustees for General Employees Pension
Trust Fund) of the City of Edgewater Code of Ordinances is amended pursuant to Exhibit "A",
which is attached and incorporated herein.
PART B. FILING WITH THE DIVISION OF RETIREMENT
Upon adoption, a copy of this Ordinance shall be filed with the Division of Retirement of
the Florida Department of Management Services.
PART C. CONFLICTING PROVISIONS
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D. SEVERABILITY AND APPLICABILITY
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E. CODIFICATION
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections of this ordinance may be renumbered or re -lettered to
accomplish such intention; provided, however, that Parts B through F shall not be codified.
PART F. EFFECTIVE DATE
This ordinance shall take effect upon adoption.
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PASSED AND DULY ADOPTED this<r,140 day ofANbtqA 2024.
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ie Zlotn' , CMC, City Clerk
Passed on first reading on the C�� day of .2024
REVIEWED AND APPROVED: CaL
Aaron R. Wolfl , C Attorney
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EXHIBIT "A"
Sec.13-40. Board of trustees for general employees pension trust fund.
(a) Created. There is hereby created the board of trustees for the general employees pension
trust fund. The board of trustees shall be solely responsible for administering tlie trust fand.
The board shall not receive any compensation in this capacity. The board sh-all be a Cegal.
entity with the powers and responsibility enumerated herein and as may be amended from
time to time by the city council.
(b) Membership. The board of trustees shall consist of five members appointed as follows:
(1) Two of whom, unless otherwise prohibited by law, must be legal residents of the
municipality and must be appointed by the governing body of the municipality.
(2) Two of whom are current or retired members of the plan, who are elected by a
majority of current and retired members, regardless of City employment status.
(3) The fifth member shall be a union representative for the general employees as
appointed by the union. Should the operation of Florida Statutes 4447.305(6)
revoke Union Certification 1971, the fifth member shall be chosen by a
majority of the previous four members, and such person's name shall be
submitted to the legislative body of the municipality. Upon receipt of the fifth
person's name, the legislative body shall, as a ministerial duty, appoint such
person to the board of trustees. The fifth member shall have the same rights as
each of the other four members.
(4) If the majority of the members of the plan fails to elect a member as a trustee, the
city manager shall appoint either a resident or an employee that is a resident of
the city.
(5) Two un-excused absences, as determined by the board, within a 12-month period
shall be a deemed resignation.
(c) Term. Election to the board of trustees shall be for a term of three years, unless a trustee
shall sooner leave office. Council appointed members shall serve an initial term of two
years followed by a three year term. The fifth member, if union -appointed= member shall
serve as a trustee as long as he or she is appointed; otherwise the fifth member serves
a three year term. A vacancy shall be filled in the same manner as originally seated for
the remainder of the expired term. Trustees may succeed themselves in office.
(d) Officers. The board shall select from their members a chairman, vice chairman and a
secretary by a majority vote of the trustees annually. The secretary of the board shall keep
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a complete minute book of the actions. Proceedings or hearings of the board, all
correspondence, documents and records shall be public records subject to the same
requirements and exemptions as other public records of the city.
(e) Meetings. Regular meetings shall be held at least quarterly. The hour and place of each
meeting may be determined by the members of the board. Special meetings may be held
at the request of the chairman, providing proper notice is given. The secretary shall
provide notices of all meetings to all members of the board and to all city departments
for posting. Meetings shall be held in accordance with the "Sunshine Law" requirements.
Roberts Rules of Order shall govern the parliamentary procedure of the board.
(f) Quorum. A quorum shall consist of three members present at the meeting. Three votes
shall be required to take action.
(g) Order of business. The order of business at all regular meetings of the board shall be as
follows:
(1) Call to order.
(2) Roll call.
(3) Public comment.
(4) Approval of minutes.
(5) Old business.
(6) Communication/reports.
(7) New business.
(8) Adjournment.
(h) Powers of board of trustees. The authority of the General Employees' pension board shall
be to administer, monitor and evaluate the pension fund. The board shall review, discuss
and decide upon investment options for the general employees' pension funds. The board
shall review and discuss any improvement of benefits and consider recommending such
improvements to the city council for approval.
(i) Amendments. Amendments and additions to the bylaws may be proposed at any board
meeting to become effective after a majority vote of the board and final approval by city
council.
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