Exh 8CAGENllA ITEM 8C
JUNE 23, 2003
CITY OF ATLANTIC BEACH
CITY COMMISSIONER MEETING
STAFF REPORT
ITEM: Appointment of Pension Board Members
SUBMITTED BY: George Foster, Human Resource Manager
DATE: June 17, 2003
BACKGROUND: In October 1999, the City Commission established a "joint"
General Employee Pension Boazd and a Police Employee Pension
Board to comply with Florida Statutes.
The term of office for members on the General Pensior. Board is
established as a period of four (4) yeazs and for members on the
Police Pension Boazd, a period of two (2) years. Members are able
to succeed themselves.
As the term of office for two members appointed by thr, City
Commission aze expiring, appointment of two new Bo<~rd members
to the Police Board and General Employee Board by the
Commission is required.
Name Police Boazd General Board
Tony F. Downing 12/31/03 12/31/03
Edward L. Lipscomb 10/11/03 0/11/03
FUNDING: This action should not result in any additional direct cost or
funding.
RECOMMENDATION: That the City Commission appoint two residents of the City of
Atlantic Beach to Police Officer Boazd for a period of :? years and
two residents to the General Boazd for a period of 4 ye;rrs.
NOTE: As these aze "joint boazds", the same individual maybe
appointed to be on both boazds at the same time or different
individuals maybe appointed.
ATTACHMENT: 1. Listing of Pension Boazd Members
2. General Boazd Criteria -Sec 2-266 and Sec 2-267, City Code
3. Police Boazd Criteria -Sec 2-305 and Sec 2-306, City Code
4. Police Boazd Criteria -Florida Statutes 185.05
CITY MANAGER:
AGENDA ITEM 8C
NNE 23, 2003
CITY OF ATLANTIC BEACH
PENSION BOARDS
GENERAL EMPLOYE;E'S PENSION BOARD OF TRUSTEES:
Timothy Townsend (Tim I Chair 01/01/04
J. Tom Wells Chair Pro-Tem 08/08/04
Tony F. Downing Secretary 12/31/03
Harry E. McNally Member 03/27/07
Edwazd L.. Lipscomb Member 10/11/03
POLICE EMPLOYEE"S PENSION BOARD OF TRUSTEES:
Henry Bartle Chair 11/09/04
Vacant Chair Pro-Tem Election being held to fill
Tony F. Downing Secretary 12/31/03
Harry E. McNally Member 03/27/05
Edwazd (ED) L. Lipscomb Member 10/11/03
PROFESSIONAL SERVICES -BOTH BOARDS:
Consultants & Actuaries
Gabriel, Roeder, Smith & Company
Legal
Sugannan & Susskind
Investment Managers
TRUSCO Capital Management
EuroPacific
Investment Advisor
Merrill Lynch Consulting Services
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AGENDA ITEM 8C
JUNE 23, 2003
GENERAL EMPLOYEE RETIREMENT SYSTEM
Sea 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 ?olice
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 beheld 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. .i8-99-26, § 1, 7-10-00)
Sec. 2-267. Same--Term of office; oath of office.
The regulaz 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 ':o fill
the unexpired term of their trustee representatives, and one (1) yeaz for the trustef;
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)
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AGENDA ITEM 8C
JUNE 23, 2003
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 bylaw, shall be legal residents of the city,
appointed by thc; 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 boazd 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 terrninate
employment, whereupon a new election willbe 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 boazd shall be two (2) yeazs. 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)
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AGENDA ITEM SC
JUNE 23, 2003
The 2002 Florida Statutes
Title XII Chapter 185 View Entire Chapter
MUNICIPALITIES MUNICIPAL POLICE PENSIONS
186.05 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 t:he 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 Januziry 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 mernbers, 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 shall have ttie 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 t:he 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 slie 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 provision;. of
paragraph (a) shall apply, except that one member of the board shall be a police officer as defined
in s. 186.02 and one member shall be a firefighter as defined in s. 1~, 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 ]uly 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 df 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 ~~fficers, 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.
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AGENDA ITEM 8C
JUNE 23, 2003
With respect to any board of trustees operating a local law plan on June 30, 1986, noth ng 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.E 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. 185.381.2), 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. 1~, o~ 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. 85.5$(2) and does not apply to any other
municipality that has a c-iapter 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, cr 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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