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Exh 8B AGENDA ITEM #8B SEPTEMBER 22, 2003: CITY OF ATLANTIC .BEACH CITY COMMISSIONER MEETING -STAFF REPORT ..ITEM:. Appointment of Pension Board Members SUBMITTED BY: George Foster; Human Resource Manager DATE: September 16, 2003 BACKGROUND: The term of office for two members appointedby the City Commission to-.the City's Police :Pension Board and. General .Employee Board Pension Board are expiring. The term of office for members. on the General Pension Board is established as a period of four (4) years and .for members on the .Police Pension Board, a period of two (2) years. Members are able to succeed themselves. Both current Board members have been contacted and are willing to continue. on the Board(s) if reappointed by the Commissioners: However, based upon their appointment dates (08/99 -for Downing and 03/01 for Lipscomb), -they are willing to relinquish in order to -give other. citizens the opportunity to serve. _ - :Term Expires , ` ...Term Bxpires Name Police Board General Board Tony F. Downing - 12/31/03:. 12/31/03 Bdward L. Lipscomb 10/l 1/03' 10/11/03 BUDGET: 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 the Police OfficerBoard for. a period of 2 years and two residents to the General Board for a period"of 4 years. (At least one appointment is required prior to the.-next Pension-Board meeting .scheduled. for November 6 2003_) NOTE: As these are `joint boards", the same individual may be appointed to be on both boards. at the same time or different individuals maybe appointed. ATTACHMENTS: L Listing of Pension Board Members 2. General Board Criteria -Sec 2-266 and Sec: 2-267, City Code 3. Police Board Criteria -Sec 2-305 and Sec 2-306, City Code 4. Police Board Criteria -Florida Statutes 185.05 CITY MANAGER: - _ _ _ ,, , . c. _ - T a ~~',~ ~ AGENDA ITEM #8B SEPTEMBER 22,.2003 -.CITY OF ATLANTIC BEACH PENSION BOARDS GENERAL EMPLOYEE'S PENSION BOARD OF TRUSTEES: Elected Timothy Townsend (Tim) Chair - 01/0.1/04 Elected. J. Tom Wells Chair Pro.-Tem 08/08/04 Commissioner Tony F. Downing Secretary 12/31/03 At Large Harry E. McNally Member 03/27/07 Commissioner Edward (Ed) L. Lipscomb Member 10/11/03` POLICE .EMPLOYEE'S. PENSION BOARD OF TRUSTEES: Elected Henry Bartle Chair 11 /09/04 Elected Dale Hatfield Chair Pro-Tem 08/06/05 Commissioner Tony F. Downing Secretary 12/31/03 - _ At Large Harry E. McNally Member 03/27/05 'Commissioner Edward (Ed) L. Lipscomb Member 10/11/03 PROFESSIONAL SERVICES -BOTH BOARDS: Consultants & Actuaries . Gabriel, Roeder,: Smith. & Company Leal , Sugarman & Susskind Investment Managers TRUSCO Capital Management Ei~roPacific Investment Advisor Merrill Lynch Consulting Services _ ~llr~a.. _ . . ATC.I~[ 1 AGENDA ITEM #8B SEPTEMBER 22, 2003 GENE~2A.L 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 retiremenf system who are emp{ogees of the city, but not police officers or frefighters; 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 steal{ from time to time adopt.. (Ord. No. 58-75-4,. § 5, 12 22-75; Ord. No.'<58-86-7,; § 1, 1-42-87; Ord. No. 58-99-27, § 1, 11-8-99; Ord. No. 58- ,. .: Sec. 2-267. Same--Teem 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, un{ess they.terminate employment, whereupon a new election will be held by the members of the plan to fill the unexpiredaerm of-their trusteerepresentatives, and one (1):year fQr the trustee selected by: the other four. (4) members of the board.. Each trustee shall, before assuming the duties of trustees; qualify by faking an oath of office to be administered. by the city clerk; whereupon a trustee's term of office shall begin. However, upon he expiration of the Perms 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. Na. 58-99-26,-§ 1, 7-10-00) . - ATCH: 2' ___ _ _- ~, '~~~, ~~ AGENDA ITEM #8B SEPTEMBER 22, 200 PULICE 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 bylaw,: sha11 be legal residents of the city, .appointed by the ' commission, .who. cnay serve as trustees of other city boards including the general: employees retirement _ system. provided herein; (2) Two (2) police officers to be elected by he 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.';3ame--Term of office; oath of office. The regular term of office of a member of the board of'trustees shall be twa (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 takingan 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- .. ~ ATCI3 3 -- ~I~ i i i AGENDA ITEM #3B SEPTEMBER 22, 2003 Title XII Chapter 185 ,View l=mire Chapter _ MUNICIPALITIES MUNICIPAL POLTCE PENSIONS 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.Q3 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 fond. `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 hall 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 locale 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 shalt be chosen by a majority of the previous four members, and uch ` ,person's name shall be submitted to the legislative body of ,the municipality. Upon receipt of .the fifth person'sname; 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 membershalt have the-same rights as each of the other four. members appointed or elected as herein provided, .shalt. 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 of .:whose pleasure. the member shalt serve, and may succeed himself or herself as a trustee. Each police. officer member shall serve as trustee fora period of 2 years, unless he or she sooner leaves the employment of the municipality as police officer, whereupon the legislative body of the municipality shallchoose a successor irr 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. 1f a municipality has a pension plan for police officers only, the provisions of paragraph (a) shall : apply. 2. tf a municipality has apension-plan for police officers and firefighters,: the provisions of paragraph (a) shall apply,. except that one member of the board shalC be a police officer as defined in s. 185.02 and one member shalC 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, 1.999. 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 LocaC law plan on June 30, 1986,-nothing in this paragraph shall permit: the reduction of the membership percentage of police officers or police ATCH 4 .AGENDA ITEM #8B SEPTEMBER 22, 2003 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 po ice officer. member seat may be held by either a retired police officer or an active police officer member of the.ptan who is elected by the active and retired members of the plan.. if where 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. 485.38(2), and does not apply to any other municipality having a chapter oc {ocal law plan. (d) If the chapter plan or local law plan with an active membership of 10.or more is .dosed. to new `members, the, member seats maybe held by either a retiree; as defined'in s. 185.0 , or 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 vvho elect to remain in the existing. plan. This paragraph applies only to those plans that: are closed to new members pursuant to s. 185.38{2) and does not apply to any other municipality that has a chapter 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, 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 shalC 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 adrninistratve'proceeding under chapter 120 brought under or pursuant to the provisions of thi chapter, the prevailing party shall be entittec( to recover the costs thereof,. together with reasonable attorney's fees. (6} The provisions of this section may.. note be altered by a.participatng: 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-b6. ATCH 4 ... ___ ---~...