Ordinance No. 58-86-7 v ORDINANCE NO. 58-86-7
AN ORDINANCE AMENDING THE ORDINANCE CODE OF THE CITY
OF ATLANTIC BEACH, FLORIDA; AMENDING CHAPTER 2,
ARTICLE VI DIVISION 3, SECTIONS 2-266 THROUGH 2-270
TO REORGANIZE THE PENSION BOARD OF TRUSTEES TO BRING
IT INTO CONFORMITY WITH FLORIDA STATUTES CHAPTER 175
AND 185; PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED by the City Commission of the City of Atlantic
Beach, Florida:
Section 1. Chapter 2, Article VI, Division 3, Sections 2-266
through 2-270 are hereby amended to read as follows:
CHAPTER 2
ADMINISTRATION
ARTICLE VI. EMPLOYEE BENEFITS
DIVISION 3. RETIREMENT SYSTEM
Section 2-266. Board of Trustees - Composition
The Board of Trustees shall consist of five (5) trustees as fol-
lows:
(1) Two (2) membefs-e€-the-G4ty-Gemmlse ea residents of the City to be
selected by the City Commission and serve at the pleasure of the
City Commission;
{2} The-6lty-Manager7- y-*a4tee-e€-hs-peel lea
{3} (2) One (1) member of the retirement system who is also either
either a police officer or a firefighter, but not the chief of
either department to be elected by the members of the retirement
system who are also police officers or firefighters;
{4} (3) One (1) member of the retirement system who is neither a police
officer nor firefighter to be elected by the members of the retire-
ment system who are neither police officers or firefighters;
(4) One (1) resident of the City to be selected by the other four
members of the Board of Trustees, and whose appointment shall be
confirmed by a vote of the City Commission.
The elections provided for in subsections {3} (2) and {4} (3) of
this section shall be held in accordance with such rules as the Board of
Trustees shall from time to time adopt.
Section 2-267. Same - Term of Office; Oath of office
The regular term of office of a member of the Board of Trustees
shall be €eur--(-r)-re&rg--exe---1-)--stteh-4-e. m--t-e- cxpir-e -every--t-wo---(.2-)
yews.- two (2) years for civilian members and two (2) years for employ-
ee representatives, unless they terminate employment, whereupon a new
election will be held by the members of the plan for their trustee
representatives. Each trustee shall, before assuming the duties of
trustee, qualify by taking an oath of office to be administered by the
City Clerk. 'The-3-rrit-i-e3-- e r-e4- offi--e€-tom-f fst--e-lee-t-ed--13ee4ee
e€fleer-er-€lre€ighter-trestee-shall-be-twe42}-yeers7
Section 2-268. Same - Vacancy; Filling of vacancy.
(a) A vacancy shall occur on the Board of Trustees if any trustee
eeeses-ts-4e -empleyee civilian member shall resign or
any employee representative ceases to be employed by the City.
A-veeasey-shall-eeeur-es-the-Beard-i€-any-Gemmlssleser-trustee
er-the-Gty-Maseger-eeeses-te-held-the-geslt#es-eE-Gemmlsslen-
er-er-Glty-Manager- A vacancy shall occur on the board if any
member elected trustee fails to attend five (5) consecutive
meetings of the board unless, in each case, excused for cause
by the trustees attending the meeting.
(b) If a vacancy occurs on the Board of Trustees, the vacancy
shall be filled within ninety (90) days for the unexpired
term, if applicable, in the same manner as the position was
previously filled.
Section 2-269. Same - Meetings; Quorum; Voting; Compensation.
The Board of Trustees shall hold meetings regularly, at least one
(1) in each calendar quarter, and shall designate the time and place of
each meeting. All meetings of the board shall be open to the public.
Notice of such meetings shall be posted on employee bulletin boards so
that employees will be aware of the meeting. The board shall adopt its
own rules of procedure and shall keep a record of its proceedings.
Three (3) trustees shall constitute a quorum at any meeting of the
board, and at least three (3) concurring votes shall be necessary for a
decision by the board. Each trustee shall be entitled to one (1) vote
on each question before the board. Trustees shall serve without compen-
sation for their services as trustees, but shall be entitled to their
expenses actually and necessarily incurred in attending meetings of the
board and in performing required duties as trustees.
Section 2-270. Officers and employed services.
The officers and employed services of the retirement systems shall be as
follows:
(1) Chairperson: The board shall annually elect a chairperson and
a chairperson pro tem from its members.
(2) Secretary: The City Manager or his designee shall be the
secretary of the board and the administrative officer of the
retirement system.
(3) Treasurer: The Director of Finance shall be treasurer of the
retirement system. The treasurer shall be custodian of the
assets of the retirement system except as to the assets as the
board may from time to time place in the custody of a nation-
ally chartered bank or approved financial manager.
(4) Legal Advisor: The--Fri-try-4er ray-- lre4-l- -lcgaI-adviser-Ae
the-bead- The board is empowered to employ independent legal
council but is authorized to utilize the services of the City
Attorney.
(5) Actuary: The board shall appoint an actuary who shall be the
technical advisor to the board regarding the operation of the
retirement system on an actuarial basis, and who shall perform
such services as are required in connection therewith. The
term actuary as used in this division shall mean a member of
the American Academy of Actuaries, or a person who has demon-
strated an educational background necessary for the practice
of actuarial science, and has at least five (5) years of
relevant actuarial experience. A partnership or corporation
may be appointed actuary if the duties of actuary are per-
formed by or under the direct supervision of a person who
meets the preceding qualifications.
(6) Medical Director: The board may appoint as medical director a
physician who is not a member, retirant or beneficiary. The
medical director shall arrange for and pass upon all medical
examiners required in the administration of the retirement
system, and shall investigate all statements and certificates
of a medical nature which are presented in connection with the
operation of the retirement system. The medical director
shall report his conclusions and recommendations in writing.
(7) Services: The board is authorized and empowered to employ
such professional, technical or other advisors as are required
for the proper administration of the retirement system. The
services, other than actuarial and medical, shall be obtained
and the compensation for the services shall be fixed in
accordance with City operating procedures.
Section 2. This Ordinance shall take effect December 31, 1986.
Passed by the City Commission on First Reading December 8, 1986
Passed by the City Commission on Snd & Fina Reading January 12, 1987
/ i / // ..-
illia S. ow ll, Mayor, Presiding Officer
Approved as to Form and Correctness:
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Clau e L. Mullis, C ty Attorney
(SEAL)
ATTEST:
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Adelaide R. Tucker, City Clerk