Resolution No. 11-19 v RESOLUTION NO. 11 -19
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, SUPPORTING POLICE
OFFICER PENSION PLAN REFORM
WHEREAS, the City of Atlantic Beach opposes unfunded state mandates in that mandates
impose state- initiated policy changes and programs onto the City of Atlantic Beach without providing
adequate funding to pay for them; and
WHEREAS, the legislature has imposed significant unfunded mandates onto the City of Atlantic
Beach relative to the operation of the City's police officer pension plans by mandating minimum pension
benefit levels and mandating the use of revenues to fund pension plan costs; and
WHEREAS, prior to 1999, the City of Atlantic Beach was largely free to bargain with local
police unions, or provide for the non - unionized police, the pension benefits that best fit the priorities and
needs of the City and its police, and
WHEREAS, in 1999, the legislature passed a law that required the City of Atlantic Beach's police
pension plan to meet all of the minimum pension benefit standards established in state law; and
WHEREAS, in 1999, the legislature substantially revised how the City of Atlantic Beach could
use insurance premium tax revenues to fund its police pension plans by requiring the City to use any
increase in the tax revenues to provide new, extra pension benefits to police; and
WHEREAS, since 1999, the requirement to provide new, extra pension benefits to police with
increases in insurance premium tax revenues has collectively required cities across the state to provide
more than $400 million in new, extra pension benefits to police; and
WHEREAS, state law continues to require the provision of new, extra pension benefits to police
even though the City of Atlantic Beach struggles with funding the current level of pension benefits
provided to police; and
WHEREAS, even if the City of Atlantic Beach desired to reduce the level of pension benefits
provided to police to address the City's critical revenue constraints, the state Division of Retirement
imposes a policy that police pension benefit levels may not be reduced to a level lower than the level that
existed in 1999; and
WHEREAS, if the City of Atlantic Beach did lower its pension benefits for police to a level lower
than existed in 1999, the state Division of Retirement may threaten to withhold all insurance premium tax
revenues as a penalty if such action is taken; and
WHEREAS, the City of Atlantic Beach has limited ability to control pension costs because of
state laws and interpretations of those laws by the state Division of Retirement, the effect of which is cities
can raise pension benefits for police, but cannot lower them, even if approved by their unions; and
WHEREAS, the City of Atlantic Beach supports flexibility in state law that would allow cities to
deal with their local problems locally, and needs for the legislature to remove barriers in state law that
prohibit this flexibility; and
WHEREAS, the City of Atlantic Beach is not seeking a handout from the legislature but is instead
requesting the legislature to untie it hands so that it can address its pension issues locally and in a manner
that best serves its citizens.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF ATLANTIC BEACH, FLORIDA:
Section 1. That the City of Atlantic Beach hereby supports police pension reform.
Section 2. That the City of Atlantic Beach hereby requests the legislature to remove itself from
the local collective bargaining process with City police.
Section 3. That the City of Atlantic Beach hereby requests the legislature to remove minimum
pension benefit standards for police pensions, remove the requirement to provide new, extra pension
benefits to police, and allow the City of Atlantic Beach to use insurance premium tax revenues to pay for
pension benefits already provided to police.
Section 4. That the City of Atlantic Beach hereby requests the legislature to prohibit the state
Division of Retirement from imposing administrative policies that result in increased costs to the City in
providing the police pension plans.
Section 5. That the City of Atlantic Beach urges the legislature to pass and the Governor to
approve the above recommendations relating to police pension plans in the 2011 legislative session.
Section 6. That the City of Atlantic Beach's City Clerk is authorized to transmit a copy of this
Resolution to Governor Rick Scott, the Florida Legislature, and the Florida League of Cities, Inc.
Section 7. That this Resolution shall be effective upon adoption. 9
ADOPTED by the City Commission of Atlantic Beach, Florida, this 1'f tti day of March, 2011.
MIKE BORNO
Mayor
ATTEST:
0101414 / V&4t4
DONNA L. BARTLE, CMC
City Clerk
Approve, a. to form and correctness:
• f r. JENSEN, ESQUIRE
orney