99-O-05
.....
"""""
ORDINANCE 99-0-05
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEW ATER, FLORIDA, MODIFYING CHAPTER 13
(PERSONNEL), ARTICLE III. (RETIREMENT SYSTEM),
SECTION 13-40 BY ENACTING THE GENERAL
EMPLOYEES PENSION BOARD; ESTABLISHING THE
PURPOSE, MEMBERSHIP AND SELECTION, TERMS;
SELECTION OF CHAIRMAN AND VICE CHAIRMAN,
QUORUM AND MEETINGS OF THE BOARD; PROVIDING
FOR THE ESTABLISHMENT OF OTHER RULES AND
PROCEDURES; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND
CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations;
1. The City of Edgewater currently has the General Employees Pension Fund, the
Firefighters' Pension Fund and the Police Pension Fund.
2. Pension Board's have been enacted to oversee and manage each Pension by reviewing
the specific Pension Plan, recommending pension benefit changes and investing funds.
3. After research, it was learned that the General Employees Pension Board was never
enacted in the Code of Ordinances.
4. In an effort to assist City employees toward maximum benefit potential, Council
wishes to enact the General Employees Pension Board.
Stftle:k thf6t1gh passages are deleted.
Underlined passages are added.
99-0-05
1
'-'
...,
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edgewater, Florida:
PART A.
AMEND CHAPTER 13 (PERSONNEL), ARTICLE III.
(RETIREMENT SYSTEM), BY MODIFYING SECTION 13-40
ENACTMENT OF THE GENERAL EMPLOYEES PENSION BOARD.
Section 13-40 is hereby amended to read as follows:
Section 13-40.
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 the Trust Fund. The Board shall
not receive any compensation in this capacity. The Board shall be a legal 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 seven (7) members appointed as follows:
1:. The City Manager shall appoint two (2) members to the Board. One (1) will be a
department director and one (1) will be a representative from the finance department.
2. One (1) member shall be a council member and selected by a majority vote ofthe city
council.
.3.... One (1) member shall be a representative ofthe PEA and selected by a maiority vote
of the bargaining unit.
4. One (1) member shall be a representative of the SPEA and selected by a majority vote
of the bargaining unit.
Stflick thr6t1gh passages are deleted.
Underlined passages are added.
99-0-05
2
.....
..",
2:. The City Manager shall appoint two (2) members that are employed by the City in
a non-supervisory capacity.
C. Term.
Appointment to the Board of Trustees shall be for a term of three (3) years unless an
appointee shall sooner leave the employment of the City. A vacancy shall be filled in the same
manner as an original appointment for the remainder of the expired term. An appointee may be
appointed and reappointed.
D. Officers.
The council representative shall serve as the Board Chairman. The Board may select from
their members a Vice Chairman by a maiority vote of the members. The city clerk shall assign a
staff member to serve as the board secretary. The secretary of the Board shall keep 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 each year on the second Wednesday during the months of
May and November. The hour and place of each meeting may be determined by the members ofthe
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 III accordance with the "Sunshine Law"
8ffi1e:k tfmnlgfl passages are deleted.
Underlined passages are added.
99-0-05
3
~
...",
requirements. Roberts Rules of Order shall govern the parliamentary procedure of the board.
F. Quorum.
A quorum shall consist of four (4) members present at the meeting.
G. Order of Business.
The order of business at all regular meetings of the board shall be as follows:
L Call to Order
2. Roll Call
3. Approval of Minutes
4. Old Business
5. CommunicationlReports
6. New Business
7. Public Comment
8. Adjournment
H. Powers of Board of Trustees.
The particular business of the General Employees Pension Board shall be to monitor and
evaluate the Pension Retirement/Fund and recommendation pension benefit changes to the city
council. The board shall review. discuss and decide upon investment options for the General
Employees Pension funds and direct the City's Agent of Record accordingly. The board shall review
and discuss any improvement of benefits and recommend such improvements to the city council for
approval. Board members should communicate with plan members any questions or information
concerning the plan and communicate same with the board.
Stftlek t1wotlgk passages are deleted.
Underlined passages are added.
99-0-05
4
......
...""
1. Amendments.
Amendments and additions to the by-laws may be proposed at any board meeting to become
effective after a majority vote of the board and final approval by city council.
Sees. 13-49 41- 13-49. Reserved.
PART B.
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 C.
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 D.
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 relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
Struck thr8t1gn passages are deleted.
Underlined passages are added.
99-0-05
5
'-'
....,
PART E.
EFFECTIVE DATE.
This Ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by Councilman Roberts and Second by Councilwoman Lichter, the vote on the
first reading of this ordinance held on March 1, 1999, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
ABSENT
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
After Motion by Councilman Gornto and Second by Councilman Roberts, the vote on the
second reading ofthis ordinance was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
ABSENT
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
StfI:lek tftf6t1gft passages are deleted.
Underlined passages are added.
99-0-05
6
Q
PASSED AND DULY ADOPTED this 5th day of April, 1999.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By.
Z;Le�"—
Ra dy G. Allman
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Dated: V-r-f s �G
Nikki Clayton
City Attorney
Steneltthsaugh passages are deleted.
Underlined passages are added.
99-0-05