Resolution No. 12-18 v RESOLUTION NO. 12
A RESOLUTION OF THE CITY OF ATLANTIC BEACH, FLORIDA SUPPORTING
POLICE OFFICER PENSION PLAN AND DISABILITY PRESUMPTION REFORMS TO
MAKE THE PLANS SUSTAINABLE, SOUND AND SECURE FOR CURRENT AND
FUTURE POLICE OFFICERS
WHEREAS, to honor their service now and in years to come, current and future police officers in
the City of Atlantic Beach deserve a pension plan that is sound, secure and sustainable; and
WHEREAS, the City of Atlantic beach opposes unfunded mandates from the Florida Legislature
that have created a pension plan system for city police officers that is unstable, unsustainable and unreliable
for current and future police officers; and
WHEREAS, state level police unions have exercised undue influence on the Florida Legislature
relating to the provision of city police officer pensions and disability presumptions; and
WHEREAS, the Florida Legislature has imposed significant unfunded mandates onto the City of
Atlantic Beach relative to the operation of the Atlantic Beach's police officer defined benefit pension plan
by mandating minimum pension benefit levels and mandating the use of revenues to fund pension plan
costs; and
WHEREAS, unfunded city police officer pension mandates from the Florida Legislature result in a
direct expenditure of local taxpayer dollars without the benefit of local taxpayer input; and
WHEREAS, the Florida Legislature has provided that health conditions related to heart disease,
hypertension or tuberculosis suffered by a police officer is presumed to be job related, and these "disability
presumptions" are applicable to both workers' compensation and disability pension claims; and
WHEREAS, the Florida Legislature has written and the courts have interpreted the disability
presumption laws so favorably toward these employees that cities and other government employers
basically cannot overcome the presumption and show the health condition was not work related; and
WHEREAS, the Florida Legislature transferred all operational and administrative control of police
pension plans from the City of Atlantic Beach to a legislatively created board of trustees, a separate legal
entity apart from the City of Atlantic Beach that exercises broad powers outside the City's control; and
WHEREAS, the City of Atlantic Beach is seeking immediate mandate relief from the Florida
Legislature and requests the Legislature to untie its hands so that it can responsibly address its pension and
other personnel issues locally and in a manner that best serves its taxpayers, stops potential pension abuse
and protects pensions for current and future generations of police officers.
NOW, THEREFORE BE IT RESOLVED by the Commission of the City of Atlantic Beach,
Florida:
Section 1. That the City of Atlantic Beach, Florida hereby supports responsible police defined
benefit pension and disability presumption reforms to ensure sound, secure and stable pensions will be there
for current and future police officers.
Section 2. That the City of Atlantic Beach, Florida believes local issues should be addressed locally
and hereby requests the Florida Legislature to remove itself from the local collective bargaining process
between the City of Atlantic Beach and its police officers.
Section 3. That the City of Atlantic Beach, Florida hereby requests the Florida Legislature to
remove mandates establishing 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 the level of pension benefits for police officers that meets the
needs and priorities of the City of Atlantic Beach.
Section 4. That the City of Atlantic Beach hereby requests the Florida Legislature to enact
responsible reforms to bring a fairer balance to the application of disability presumption laws relating to
certain health conditions suffered by police officers by allowing a disability presumption to be overcome by
a preponderance of the evidence, and allowing certain individual risk factors to be considered when
applying a disability presumption, such as tobacco or alcohol use, weight and diet, genetics and lifestyle
choices.
Section 5. That the City of Atlantic Beach hereby requests the Florida Legislature to impose
reasonable fiscal transparency and accountability standards on legislatively created police pension boards of
trustees.
Section 6. That the City of Atlantic Beach urges the Florida Legislature to pass and the Governor to
approve the above responsible reform recommendations relating to police pension plans and disability
presumptions in the 2013 legislative session.
Section 7. That the City of Atlantic Beach City Clerk is directed to transmit a copy of this
resolution to Governor Rick Scott, the Florida Legislature, and the Florida League of Cities, Inc.
Section 8. That this resolution shall be effective upon adoption.
Passage adopted by the City Commission of the City of Atlantic Beach, Florida on this 10 day of
December 2012.
I a mitiA)
MIKE BORNO
Mayor
APP' '4 ED AS TO FORM:
• C. J NSEN, ESQUIRE
C) Attorney
ATTEST:
?S d4
DONNA L. BARTLE, CMC, City Clerk