Exh 8CAGENDA ITEM #8C
APRIL 14, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSIONER MEETING
STAFF REPORT
AGENDA ITEM: Pension Board of Trustees -Fifth Member
DATE: Apri17, 2003
SUBMITTED BY: George Foster, Human Resource Manager
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) further 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 13, 2003 meeting, the General Employee Pension
Board of Trustees and Police Officers' Pension Board of Trustees
voted to continue Harry McNally as the fifth board member to
serve jointly on both boards. Mr. McNally has agreed to continue
as a member of the General Employee Pension Board of Trustees
and Police Officers' Pension Board of Trustees.
FUNDING: No funding is required for this action.
REQUESTED ACTION: That the City Commission appoint Harry McNally to the General
Employee Pension Board of Trustees for afour-year term and to
the Police Pension Board of Trustees for atwo-year term.
ATTACHMENTS: 1. General -Sec 2-266 and Sec 2-267, City Code
2. Police -Sec 2-305 and Sec 2-306, City Code
3. Police - FS 185.05
CITY MANAGER:
AGENDA ITEM #8C
APRIL 14, 2003
GENERAL EMPLOYEE RETIREMENT SYSTEM
Sec.2-266. Same--Composition.
The board of trustees shall consist of five (5) trustees as
(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
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-
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 board of trustees shall be four (4) years for civilian members, and
four (4) years 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 board. 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) years, 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)
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AGENDA ITEAZ #8C
APRIL 14, 2003
POLICE OFFICERS' RETIREMENT SYSTEM
Sec.2-305. Same--Composition.
The board of :trustees shall consist of five (5) trustees as
(1) Two (2), unless otherwise prohibited by law, shall be legal residents of the city, appointed by the
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
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-
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-
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AGENDA ITEM #8C
APRIL 14, 2003
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 legisiative body of the municipality shall, as a ministerial 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 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) shall 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 July 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. All such moneys shall be transferred into the newly established retirement plan, as
directed by the board.
With respect to any board of trustees operating a local law plan on )une 30, 1986, nothing in this
paragraph shall permit the reduction of the membership percentage of police officers or police
officers and firefighters.
(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.
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(d) If the chapter plan or local law plan with an active membership of 10 or more is closed to new ~ ~
''ti z
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 ~ d
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 A y
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that are closed to new members pursuant to s. 185.38(2) and does not apply to any other c ~
municipality that has a chapter plan or a local law plan. w ~
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(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.
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