Item 8BAGENDA ITEM #8B
JUNE 14, 2004
CITY OF ATLANTIC BEACH
,. CITY COMMISSIONER MEETING
STAFF REPORT
ITEM: Appointment of two Pension Board Trustee positions vacated by
Edward L. Lipscomb
SUBMITTED BY: Nelson Van Liere, Finance Director
DATE: May 29, 2004
BACKGROUND: In accordance with Section 2-266 of the General Employee
Retirement System Ordinance and Section 2-305 of the Police
Officer Retirement System Ordinance, two of the five members of
the respective boards must be legal residents of the City and be
appointed by the City Commission. Edward L. Lipscomb has
notified the City that he will no longer be able to fulfill the duties of
the board and has resigned his position due to the travel
requirements of his job. This leaves an opening in both boards to
be filled by appointment by the City Commission.
The City Commission may appoint a separate individual to each
board to replace Mr. Lipscomb or one, to serve on both boards as
he did.
The term of office for members on the General Pension Board is
established as a period of four (4) years and for members on the
Police Pension Board, a period of two (2) years. Members are able
to succeed themselves.
BUDGET: There is no Budget Impact with this action.
RECOMMENDATION: That the City Commission appoint one resident of the City of
Atlantic Beach to the Police Officer Pension Board for a period of 2
years and one resident to the General Employees Pension Board for
a period of 4 years.
ATTACHMENTS: 1. Pension Board General Information Summary
2. General Board Criteria -Sec 2-266 and Sec 2-267, City Code
~"' 3. Police Board Criteria -Sec 2-305 and Sec 2-306, City Code
4. Police Board Criteria -Florida Statutes 185.05
5. Applications (2)
REVIEWED BY CITY MANAGER: ~~
AGENDA ITEM #8B
JUNE 14, 2004
City of Atlantic Beach
Pension Boards
General Information Summary
GENERAL EMPLOYEE'S PENSION BOARD OF TRUSTEES:
Elected Timothy Townsend (Tim) Chair 01/01/06
Elected J. Tom Wells Chair Pro-Tem 08/08/04
Commission Appt. Tony F. Downing Secretary 12/31/07
Commission Appt. Vacant Member
At Large Harry E. McNally Member 03/27/07
~"' POLICE EMPLOYEE'S PENSION BOARD OF TRUSTEES:
Elected Henry Bartle Chair 11/09/04
~" Elected Dale Hatfield Chair Pro-Tem 08/06/05
Commission Appt. Tony F. Downing Secretary 12/31/05
Commission Appt. Vacant Member
""' At Large Harry E. McNally Member 03/27/05
Professional Services for both boards:
Consulting and Actuarial Services
"~ Gabriel, Roeder, Smith and Company
Legal
Sugarman and Susskind
Investment Managers
r. TRUSCO Capital Management
Euro Pacific
Investment Advisor
Merril Lynch Consulting Services
AGENDA ITEM #8B
JUNE 14, 2004
~w
GENERAL EMPLOYEE RETIREMENT SYSTEM
Sec.2-266. Same--Composition.
The board of trustees shall consist of five (5) trustees as follows:
~,,,, (1) Two (2) residents of the city to be selected by the city commission and serve at the pleasure
of the city commission, who may also serve as trustees of the police officer retirement
system created in division 4 hereof;
(2) Two (2) members of the retirement system who are employees of the city, but not police
officers or firefighters, to be elected by the members of the retirement system who are also
similarly situated employees of the city;
(3) One (1) resident of the city to be selected by the other four (4) 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 (2) of this section shall be held in accordance
with such rules as the board of trustees shall from time to time adopt.
(Ord. No. 58-75-4, § 5, 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-99-27, §
1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)
Sec. 2-267. Same--Term of office; oath of office.
~„ The regular term of office of a member of the boazd of trustees shall be four (4) yeazs for
civilian members, and four (4) yeazs for employee representatives, unless they terminate
employment, whereupon a new election will be held by the members of the plan to fill
,,,, the unexpired term of their trustee representatives, and one (1) year for the trustee
selected by the other four (4) members of the boazd. Each trustee shall, before assuming
the duties of trustees, qualify by taking an oath of office to be administered by the city
~„ clerk, whereupon a trustee's term of office shall begin. However, upon the expiration of
the terms of the civilian trustees and employee representative trustees in office at the time
this article is adopted, the term of the next succeeding civilian member shall be for one
,~,,, (1) year and the term for the next succeeding employee representative shall be for three
(3) yeazs, with all civilian member and employee representative trustees having four-year
terms thereafter.
(Ord. No. 58-75-4, § 6; 12-22-75; Ord. No. 58-86-7, § 1, 1-12-87; Ord. No. 58-98-25, §
3, 11-23-98; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58-99-26, § 1, 7-10-00)
AGENDA ITEM #8B
JUNE 14, 2004
POLICE OFFICER RETIREMENT SYSTEM
Sec.2-305. Same--Composition.
The board of trustees shall consist of five (5) trustees as follows:
(1) Two (2), unless otherwise prohibited by law, shall be legal residents of the city,
appointed by the city commission, who may serve as trustees of other city boards
including the general employees retirement system provided herein;
(2) Two (2) police officers to be elected by the active police officers who are members
of the retirement system;
(3) One (1) trustee to be selected by the other four (4) members of the board of trustees,
and appointed as a ministerial act by the city commission.
The elections provided for in subsection (2) of this section shall be held in accordance
with such rules, as the board of trustees shall from time to time adopt.
(Ord. No. 58-99-26, § 2, 7-10-00)
Sec. 2-306. Same--Term of office; oath of office.
The regular term of office of a member of the board of trustees shall be two (2) years for
resident appointees, and two (2) years for elected representatives, unless they terminate
employment, whereupon a new election will be held by the member of the plan to fill the
unexpired term of their trustee representatives. The term of office for the trustee selected
by the other four (4) members of the board shall be two (2) years. Each trustee shall,
before assuming the duties of trustees, qualify by taking an oath of office to be
administered by the city clerk, whereupon a trustee's term of office shall begin.
(Ord. No. 58-99-26, § 2, 7-10-00)
'~ Statutes & Constitution :View Statutes :->2003->Ch0185->Section OS : flsenate.gov "~
AGENDA ITEb'I #8B
2003 - JUNE 14, 2004
~• Select Year: Ga
"" The 2003 Florida Statutes
Title Xil Chapter 185 View Entire Chapter
MUNICIPALITIES MUNICIPAL POLICE PENSIONS
185.05 Board of trustees; members; terms of office; meetings; legal entity; costs; attorney's
fees.--For any municipality, chapter plan, local law municipality, or local law plan under this
chapter:
(1) In each municipality described in s. 185.03 there is hereby created a board of trustees of the
municipal police officers' retirement trust fund, which shall be solely responsible for administering
the trust fund. Effective October 1, 1986, and thereafter:
(a) The membership of the board of trustees for chapter plans shall consist of five members, two
~„ of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall
be appointed by the legislative body of the municipality, and two of whom shall be police officers
as defined in s. 185.02 who shall be elected by a majority of the active police officers who are
members of such plan. With respect to any chapter plan or local law plan that, on January 1, 1997,
~"" allowed retired police officers to vote in such elections, retirees may continue to vote in such
elections. The fifth member shall be chosen by a majority of the previous four members, and such
person's name shall be submitted to the legislative body of the municipality. Upon receipt of the
~,,, fifth person's name, the legislative body of the municipality shall, as a ministerial duty, appoint
such person to the board of trustees as its fifth member. The fifth member shalt have the same
rights as each of the other four members appointed or elected as herein provided, shall serve as
trustee for a period of 2 years, and may succeed himself or herself in office. Each resident member
'"" shall serve as trustee for a period of 2 years, unless sooner replaced by the legislative body at
whose pleasure the member shall serve, and may succeed himself or herself as a trustee. Each
police officer member shall serve as trustee for a period of 2 years, unless he or she sooner leaves
~,. the employment of the municipality as a police officer, whereupon the legislative body of the
municipality shall choose a successor in the same manner as an original appointment. Each police
officer may succeed himself or herself in office.
(b) The membership of boards of trustees for local law plans shall be as follows:
1. If a municipality has a pension plan for police officers only, the provisions of paragraph (a) shall
apply.
2. If a municipality has a pension plan for police officers and firefighters, the provisions of
~ paragraph (a) shalt apply, except that one member of the board shall be a police officer as defined
in s. 185.02 and one member shall be a firefighter as defined in s. 175.032, respectively, elected
by a majority of the active firefighters and police officers who are members of the plan.
3. Any board of trustees operating a local law plan on Juty 1, 1999, which is combined with a plan
for general employees shall hold an election of the police officers, or police officers and
firefighters if included, to determine whether a plan is to be established for police officers only, or
for police officers and firefighters where included. Based on the election results, a new board shall
be established as provided in subparagraph 1. or subparagraph'2., as appropriate. The municipality
shall enact an ordinance to implement the new board by October 1, 1999. The newly established
board shall take whatever action is necessary to determine the,amount of assets which is
attributable to police officers, or police officers and firefighters where included. Such assets shall
include all employer, employee, and state contributions made by or on behalf of police officers, or
police officers and firefighters where included, and any investment income derived from such
contributions. Alt such moneys shalt be transferred into the newly established retirement plan, as
directed by the board.
a. With respect to any board of trustees operating a local law plan on June 30, 1986, nothing in this
http://www.flsenate.gov/Statutes/index. cfm?p=2&App_mode=Display_Statute& Search_... 05/29/2004
AGENDA ITEM #8B
JUNE 14, 2004
Statutes & Constitution :View Statutes :->2003->Ch0185->Section OS : flsenate.gov Page 2 of 2
paragraph shall permit the reduction of the membership percentage of police officers or police
officers and firefighters.
!i*" (c) Whenever the active police officer membership of a closed chapter plan or closed local law
plan as provided in s. 185.38 falls below 10, an active police officer member seat may be held by
either a retired police officer or an active police officer member of the plan who is elected by the
~ active and retired members of the plan. If there are no active or retired police officers remaining
in the plan or capable of serving, the remaining board members may elect an individual to serve in
the active police officer member seat. Upon receipt of such person's name, the legislative body of
the municipality shall, as a ministerial duty, appoint such person to the board of trustees. This
~" paragraph applies only to those plans that are closed to new members under s. 185.38(2), and does
not apply to any other municipality having a chapter or local law plan.
~,. (d) If the chapter plan or local law plan with an active membership of 10 or more is closed to new
members, the member seats may be held by either a retiree, as defined in s. 185.02, or an active
police officer of the plan who has been elected by the active police officers. A closed plan means a
plan that is closed to new members but continues to operate,. pursuant to s. 185.38(2), for
~'"' participants who elect to remain in the existing plan. This paragraph applies only to those plans
that are closed to new members pursuant to s. 185.38(2) and does not apply to any other
municipality that has a chapter plan or a local law plan.
(2} The trustees shall by majority vote elect from its members a chair and a secretary. The
secretary of the board shall keep a complete minute book of the actions, proceedings, or hearings
of the board. The trustees shall not receive any compensation as such, but may receive expenses
and per diem as provided by Florida law.
(3) The board of trustees shall meet at least quarterly each year.
(4) Each board of trustees shall be a legal entity that shall have, in addition to other powers and
responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature,
and description.
(5) In any judicial proceeding or administrative proceeding under chapter 120 brought under or
pursuant to the provisions of this chapter, the prevailing party shall be entitled to recover the
costs thereof, together with reasonable attorney's fees.
(6) The provisions of this section may not be altered by a participating municipality operating a
chapter or local law plan under this chapter.
History.--s. 2, ch. 28230, 1953; s. 2, ch. 59-320; s. 2, ch. 61-119; s. 4, ch. 86-42; s. 41, ch. 93-193;
s. 940, ch. 95-147; s. 45, ch. 99-1; s. 6, ch. 2002-66.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted far official purposes. Copyright ®2000-2004 State of Florida.
!~*
AGENDA ITEM #8B
JUNE 14, 2004
CITY OF ATLANTIC BEACH
BOARD MEMBER INFORMATION SHEET
NAME OF BOARD Pension Board for General Employees
NAME OF APPLICANT/MEMBER Richard T. Downes
ADDRESS
1832 Park Terrace West
DAYTIME PHONE 246-1720 EVENING PHONE
E-MAIL ADDRESS downessr@attbi.com FAX #
same
Please provide a brief explanation of your interest in this field and your reasons for wishing to be appointed to this
board.
i am retired, need something to occupy my time and would Pike to volunteer that time wherever it
~ mi ht be useful. C'
g rty government strikes me as the most likely place for me to be of some help,
and of alt the Atlantic Beach boards that t know of, the Pension Board for General Employees
seems to fit my background and experience best.
My secondary cottage major was in economics, my first endeavor after Worid War tt was in
hotel management which lasted for 17 years followed by two years as a sett-employed tax
accountant, then 23 years in Florida state government first as a Labor Market Analyst and finally
~"' retired as Administrator of Vital Records.
~.
to addition to my vocational experience, 1 have handled my own investment portfolio for many
years and advised informally for a number of my family members.
`"" RECEIVED
Please return completed form to
Maureen King, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233 JAN t 6 2003
OFFICE OF THE CITY CLERK
AGENDA ITEl~~I #8B
JUNE 14, 2004
~Z~~iL~
Richard Taylor Downes Born July 27, 1923 Boston MA
EDUCATION
Primary Public Schools 1928-37 Newton & Boston MA, Providence RI
'~" Prep The Moses Brown School 1938-41 Providence RI
College Brown University BA 1941-42, 1946-49 Providence RI
Majors: Biology & Economics
Sigma Chi Fraternity
MILITARY
~,
US Naval Hospital Hosp Apprentice July -Dec 42 Newport RI
70th US Naval Construction Battalion PhM3c Jan 43 -Nov 45
,~ PhM2c Mar -Dec 43 Mediterranean: North Africa, Sicily
PhM2c Jan -Aug 44 Davisville RI
PhM2c Sep -Oct 44 Camp Parks CA
~"" PhM1 c Nov 44 -Nov 45 Pacific: Hawaii, Guam, Iwo Jima,
Saipan, Okinawa, Philippines, Japan
FAMILY
Wife Ethel Louise Kennedy Married August 11, 1944 Providence RI
~,,, Son Richard Taylor., Jr Born January 5, 1947 Providence RI
Son Stephen Kennedy Born August 5, 1949 Providence RI
Son James Edward Il Born September 22, 1954 Poughkeepsie NY
~+ Grandchildren 3
Great grandchildren 4
"~ VOCATIONAL
Taunton Inn Management trainee Sep 48 -Jul 52 Taunton MA
Poughkeepsie Inn General Manager Aug 52 -May 58 Poughkeepsie NY
Schine Queensbury Sales Promotion May -Dec 58 Glens Falls NY
Schine Hotels, Inc. Sales Promotion Jan 59 -Dec 59 New York NY
1,,. Lansberg Hotels Sales Promotion Jan 60 -Mar 60 Miami Beach FL
Schine Roney Plaza General Manager Apr 60 -Dec 60 Miami Beach FL
Delano Hotel Sales Promotion Jan 61 -Aug 61 Miami Beach FL
?~ Rolling Green Motor Inn Mgmt Consultant Sep 61 -Mar 62 Andover MA
Warwick Motor Inn Mgmt Consultant Apr 62 -Dec 62 Warwick RI
Ramada Inns Mgmt Consultant Jan 63 -Aug 63 Cocoa Beach FL
Crossway Inn Mgmt Consultant Sep 63 -Apr 64 Cocoa Beach FL *
Self-employed Tax accountant Sep 63 -Jul 66 Cocoa Beach FL
Brevard Committee of 100 Executive Secretary Jan 65 -Jul 66 Cocoa Beach FL *
~
Florida State Employment Service Labor Market Analyst Aug 66 -Oct 67 Cocoa FL
Florida Office of Vital Statistics Vaal Records Administrator Nov 67 -Jul 89 Jacksonville FL
~ 'some positions held concurrently
AGENDA 1TEiti1 #SB
JUNE 14, 2004
CITY OF ATLANTIC BEACH
BOARD/COMMITTEE MEMBER INFORMATION SHEET
NAME OF BOARD/COMMITTEE Pension Board of Trustees
NAME OF APPLICANT/MEMBER Anne E. Minor
ADDRESS 2248 Oceanforest Drive W., Atlantic Beach 32233
DAYTIME PHONE 241-8901 EVENING PHONE 241-8901
E-MAIL ADDRESS anneeminor(c~yahoo.com FAX # 241-8911
Please provide a brief explanation of your interest or any special qualifications you have in this
field and your reasons for
wishing to be appointed to this board/committee.
~* 1 want to become involved with the City of Atlantic Beach In May of 2003 1 returned to Atlantic
Beach after a 10 near absence Though my last resrdency here lasted only 15 months, 1 finally
was able to return and consider this to be my home.
For the Pension Board of Trustees 1 can provide assistance based on my many years of
experience in the pension field in both legal and technical positions. 1 began my career with the
National Office of the Internal Revenue Service in 1976 Add-t-onally 1 have been Ass-stant
General Counsel for Sungard-Corbel (a pension document firm rn Jacksonv-lle), Assistant
General Counsel /Employee Benefits for Nationwide Insurance General Counsel for my
husband's pension consulting firm in Ohio and for four years maintained my own pension related
law practice.
If 1 may be of service to the Pension Board please contact me and (hank you for your
consideration.
An anor
~~~
Please return completed form to
Maureen King, City Clerk, 800 Seminole Road, Atlantic Beach, FL 32233