2019-R-07 - Attorney General Opinion RESOLUTION NO 2019-R-07
A RESOLUTION OF THE CITY OF EDGEWATER,
FLORIDA; INSTRUCTING THE CITY ATTORNEY TO
REQUEST AN OPINION OF THE ATTORNEY GENERAL
ON THE MATTER OF CALCULATING RETIREMENT
BENEFITS FOR EDGEWATER FIREFIGHTERS;
PROVIDING FOR SEVERABILITY AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, a question has arisen as to the amount of overtime compensation which
may be included when calculating retirement benefits for Edgewater Firefighters;and
WHEREAS, the Edgewater Firefighters would like to amend their pension plan to
provide that "when calculating retirement benefits up to three-hundred (300) hours per year of
overtime compensation in excess of the normal work assignment... shall be included;"and
WHEREAS, Edgewater Firefighters receive 14 hours of FLSA overtime every other pay
cycle which is built into their normal work schedule;and
WHEREAS, the proposed change to the pension plan would not take into consideration
the 14 hours of overtime compensation the firefighters receive every other pay period; and
WHEREAS,section 175.032(5), Florida Statutes,provides "when calculating retirement
benefits, up to 300 hours per yea in overtime compensation may be included as specified in the
plan or collective bargaining agreement;"and
WHEREAS, the City Council recognizes that, in the absence of case law or previous
Attorney General opinions on this matter,the opinion of the Attorney General is necessary.
NOW THEREFORE BE IT ENACTED by the City Council of the City of Edgewater
Florida.
SECTION 1. The City Council hereby instructs the City Attorney to submit a request to
the Florida Attorney General for an opinion on the following question: When calculating
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retirement benefits for Edgewater Firefighters may more than 300 hours per year of overtime
compensation be included,without violating § 175.032(5), Florida Statutes, if the firefighters are
paid overtime compensation as part of their nomtal work schedule?
SECTION 2. Severability and Applicability. If any portion of this resolution is for
any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not
affect the remaining portions of this resolution. If this resolution or any provisions thereof shall
be held to be inapplicable to any person, property, or circumstances, such holdings shall not
affect its applicability to any other person, property,or circumstance.
SECTION 3. Effective Date. This resolution shall become effective immediately upon
passage and adoption.
SECTION 4. Adoption.
After Motion by (r �p� ,wJ with Second by
the vote on this resolution held on
June 3, 2019 was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberly Yaney �.
Councilwoman Megan O'Keefe
Councilman Gary Conroy �±
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PASSED AND DULY ADOPTED this 3i°day of June,2019.
ATTEST CITY COUNCIL OF THE
L CITY OF EDG WATER,FLORMA
Robin L.Matusick, CMC Thomas
City-Clerk/Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater,Florida. Approved as to form and Edgewater at during the Council meeting held
legality by: Aaron R. Wolfe,Esquire on the 3rd day of June,2019 under Agenda
City Attorney Item 8
Doren,Sims,Wol&,CiomhotH&Y000
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