Exh 8BAGENDA ITEM tt3B
MARCH 14, 200
CITY OF ATLANTIC BEACI3
CITY COMMISSIONER MEETING
STAFF REPORT
AGENDA ITEM: Pension Board of Trustees -Fifth Member
DATE: March 2, 2005
SUBMITTED BY: Nelson Van Liere, Finance Director
BACKGROUND: Sec 2-266 and Sec 2-305 of the City Code (attached) states
that the_ General Employee Pension Board of Trustees and
the Police Officers' Pension Board of Trustees will consist
of five (5) trustees with the fifth member selected by the
other four (4) members. FS 185.05(1)(a) (attached) fiuther
states that "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."
' At the February 10, 2005 meeting, the Police Officers'
Pension Boazd of Trustees voted to continue Harry
McNally as the fifth board member to serve through March
27, 2007. Mr. McNally has agreed to continue as a
member of the Police Officers' Pension Board of Trustees
while fulfilling the rest of his four-year term for the
General Employee Pension Boazd.
FUNDING: No funding is required for this action.
REQUESTED ACTION: That the City Commission appoint Harry McNally to the
Police Pension Board of Trustees for atwo-year term
beginning 3/27/05 and ending 3/27107.
ATTAC)EiMENTS: 1. Police -Sec 2-305, City Code
2. Florida Statutes Section 185-OS
CITY MANAGER:
AGENDA ITEM #8B
MARCH 14, 2005
City Code of Ordinances;
Chapter 2-Administration; Article 6-Employee Benefits; Division 4-Police Officer
12etirement System;
Sec.2-305. Same-Composition.
The board of trustees shall consist of five (S) 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 boazd 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.
Florida Statutes
185.05 Board of trustees; members; terms of office; meetings; legal
entity; costs; attorney's fees. For any municipality, chapter plan, Iota( law
municipality, or focal 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
shah 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. Upan receipt of the fifth person's name, the legislative body of the
municipality shall, as a ministeriai duty, appoint such person to the board of trustees
' as its fifth member. The fifth member shall 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 repiaced 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.