Ordinance No. 58-18-42 Do not useORDINANCE NO. 58-18-42
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI,
EMPLOYEE BENEFITS, DIVISION 3, GENERAL EMPLOYEES'
RETIREMENT SYSTEM, SECTION 2-263(a), "BOARD OF TRUSTEES,"
OF THE CODE OF ORDINANCES, TO REVISE PROVISIONS
REGARDING THE COMPOSITION, TERM AND REMOVAL OF THE
MEMBERS OF THE GENERAL EMPLOYEES' PENSION BOARD OF
TRUSTEES; PROVIDING FOR CONFLICT; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board Member Review Committee has conducted a study over the last
year to assess board and committee membership, terms, removal and selection/appointment
procedures for all boards and committees of the City; and
WHEREAS, the Board Member Review Committee has developed and forwarded its
recommendations to standardize, clarify and streamline the membership, terms, removal and
selection/appointment procedures for the various boards and committees of the City to the City
Commission; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
SECTION 1. Revisions to Section 2-263(a). Section 2-263. — "Board of Trustees." Subsection
(a) of the Code of Ordinances is hereby amended as follows:
01058449-1
Sec. 2-263. — Board of trustees.
(a) The sole and exclusive administration of and responsibility for the proper operation of
the system and for making effective the provisions of this article is hereby vested in a
board of trustees. The board is hereby designated as the plan administrator. The board
shall consist of five (5) trustees, two (2) of whom, unless otherwise prohibited by law,
shall be legal residents of the city, who shall be appointed by the Atlantic Beach City
Commission, and two (2) of whom shall be members of the system who shall be elected
by a majority of the general employees who are members of the system. The fifth
trustee shall be a resident of the city and shall be chosen by a majority of the previous
four (4) trustees as provided for herein, and such person's name shall be submitted to
the Atlantic Beach City Commission. Upon receipt of the fifth person's name, the
Atlantic Beach City Commission shall confirm the appointment to the board as its fifth
trustee. The fifth trustee shall have the same rights as each of the other four (4) trustees
appointed or elected as herein provided and shall serve a few three-year term unless he
sooner vacates the office. Each resident trustee shall serve as trustee for a three-year
term unless he sooner vacates the office or is sooner
replaced by the Atlantic Beach City Commission at whose pleasure he shall serve.
Each member trustee shall serve as trustee for a three-year term f r- a ,.erica of f of (4 )
years, unless he sooner leaves the employment of the city as a general employee or
otherwise vacates his office as trustee.
safaeZffmmer- as the depee—In addition an alternate trustee who shall be a
legal resident of the city, shall be appointed by the Atlantic Beach City Commission
and shall serve for a three-year r term unless he sooner vacates the office. The alternate
01058449-1 2
trustee is strongly encouraged to attend all board meetings and shall be allowed to vote
and participate in board business subject to the requirements of this section in the
absence of a regular board trustee. Regular trustees and alternate trustees may serve up
to a maximum of three (3) consecutive terms; provided however, that M regular lar or
alternate trustee whose term expires shall continue to serve until a replacement
appointment is effective. All terms shall expire on December 31 of the proper year.
No regular or alternate trustee shall hold an other ther public office or appointed position
in the city. A vacancy shall occur on the board if any trustee mer shall resign, be
removed for cause pursuant to this section, or --any employee representative ceases to
be employed by the city or a member's term expires. Any trustee who wishes to resign
should submit a letter of resignation to the chairman and city clerk. Whenever a
vacancy arises, a successor trustee shall be chosen in the same manner as the departing
trustee and if the vacancy arises mid-term, then such appointment shall be for the
remainder of the unexpired term. Should the length of the unexpired term be less than
one year, then such interim term shall not count towards the maximum number of
consecutive terms. ^_ vaeaney shall eeeuf ff the board if any 4iastee fails +e a4ef a dffee
�r >,zi:nizR.,erai�::•�nerir�. r.�.nr�r:a�...v:� ni���•��, niz��ii ���Ls,.iz���:a�
gees -attending the-meefi ig.—Any trustee who fails to attend three (3) consecutive
meetings without prior notice to the Director of Finance, or his/her designee, and
without reasonable cause, shall have his office declared vacant by the board. Eeeh
tmstee may sueeeed hiraeelfi* of€rc-e—DROP participants can be elected as but not
vote for elected trustees. The board shall establish and administer the nominating and
election procedures for each election. The board shall meet at least quarterly each year.
The board shall be a legal entity with, in addition to other powers and responsibilities
01058449-1
contained herein, the power to bring and defend lawsuits of every kind, nature, and
description.
SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this ordinance
are repealed to the extent inconsistent herewith.
SECTION 3. Severability. If a Court of competent jurisdiction at any time fmds any provision
of this Ordinance to be unlawful, illegal, or unenforceable, the offending provision shall be deemed
severable and removed from the remaining provisions of this Ordinance which shall remain in full
force and intact.
SECTION 4. Effective Date. This ordinance shall take effect upon final reading and approval.
PASSED by the City Commission on first reading this 13th day of November, 2018.
PASSED by the City Commission on second and final reading this 26 day of N0Vem%'
2018.
CIT7Z
TL TIC BEACH
en Glasser, Mayor
Attest:
A)04vnl�t-
Donna
L. Bartle, City Clerk
Approved as to form and correctness:
Brenna . Dur City Attorney
01058449-1 4