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2014-O-21 ORDINANCE #2014-0-21 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE CITY OF EDGEWATER GENERAL EMPLOYEES' RETIREMENT PLAN BY AMENDING SECTION 13-40, BOARD OF TRUSTEES FOR GENERAL EMPLOYEES TRUST FUND; PROVIDING FOR FILING WITH THE DIVISION OF RETIREMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY, APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida has made the following determinations: 1. Based on recommendation of the General Employees' Board of Trustees 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. SECTION 13-40 BOARD OF TRUSTEES FOR GENERAL EMPLOYEES PENSION TRUST FUND IS AMENDED AS FOLLOWS: 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 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. -- ... . . - - --- . ... - - . follows: ' (1) The city manager shall appoint two members to the board. One will be a department director and one will be a representative from the finance (2) One member shall be a council member and selected by a majority vote of the city council. (3) One member shall be a representative of the PEA and selected by a majority vote of the bargaining unit. ('1) One member shall be a representative of the SPEA and selected by a majority vote of the bargaining unit. 1 #2014-0-21 Struck through passages are deleted. Underlined passages are added. 1 E (5) The city manager shall appoint two members that are employed by the city in a nonsupervisory capacity. (c) Term. Appointment to the board of trustees shall be for a term of three years -- • --- . - -- . . • : •_inal appointment for the remainder of the expired term. f 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 majority vote of the members. The city keep a complete minute book of the actions. Proceedings or hearings of the board, all - hall bo public records subject'to the same requirements and exemptions as other public'records of the city. (c) 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 .. _ .. ".. - •- . .." . .• - _ p .. '• P . e parliamentary procedure of the board. (f) Quorum. A quorum shall consist of four(4)members present at the meeting. (g) Order of business. Tho order of business at all regular meetings of the board shall be as follows: (1) Call to order. � (2) Roll call. (3) Approval of minutes. (1) Old business. (5) Communication/reports. (6) New business. (7) Public comment. (8) Adjournment. 2 #2014-0-21 Struck through passages are deleted. Underlined passages are added. (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 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. (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 a pp ointed by the governing body of the municipality. (2) Two of whom are current or retired members of the plan who are currently employed by the City who are elected by a majority of current and retired members who are currently employed by the City. (3) The fifth member shall be a union representative for the General Employees as appointed by the union. 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 twelve 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 Union appointed member shall serve as a trustee as long as he or she is appointed. 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 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. 3 #2014-0-21 Struck through passages are deleted. Underlined passages are added. 1 (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 I 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 (3) 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 Employee's 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. 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, 4 #2014-0-21 Struck through passages are deleted. Underlined passages are added. I . or circumstanll es, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. EFFECTIVE DATE This Ordinance shall take effect upon adoption. PARTS F. ADOPTION After Motion by Councilwoman Bennington with Second by Councilman Emter, the vote on first reading of this ordinance held on October 6, 2014 was as follows: AYE NAY- Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Mike Ignasiak X Councilman Gene Emter X After a motion byluzal)OMian with second bye tY1(r 'd ;(eye iYll�1 flln , the vote on the second reading/public hearing of this ordinance held on November 10, 2014 is as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak X Councilman Gene Emter 5 #2014-0-21 Struck through passages are deleted. Underlined passages are added. PASSED AND DULY ADOPTED this 10th day of November, 2014. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA `pct. k X By: ,A Bonnie Wenzel / i ike Thom.s City Clerk ayor Robin L.Matusick Paralegal For the use and reliance only by the City of A pp roved by the City hCouncil of the City hof Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 10th day legality by: Aaron R. Wolfe, Esquire of November, 2014 under Agenda Item City Attorney No. 8 Q. . Doran,Sims,Wolfe,Kundid, Ciocchetti&Wagner ksh/edge/gen/09-23-14.ord 6 #2014-0-21 Struck passages through es are deleted. g P g Underlined passages are added.