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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