Ordinance No. 58-18-43 Do not useORDINANCE NO. 58-18-43
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING CHAPTER 2, ADMINISTRATION, ARTICLE VI,
EMPLOYEE BENEFITS, DIVISION 4, POLICE OFFICERS'
RETIREMENT SYSTEM, SECTION 2-302(a), "BOARD OF TRUSTEES,"
OF THE CODE OF ORDINANCES, TO REVISE PROVISIONS
REGARDING THE COMPOSITION, TERM AND REMOVAL OF THE
MEMBERS OF THE POLICE OFFICERS' 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.
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 2-302(a). Section 2-302. — "Board of Trustees." Subsection
(a) of the Code of Ordinances is hereby amended as follows:
010584541
Sec. 2-302. — 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 police officers who are members of the system. The fifth
trustee 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, as a ministerial duty, appoint such person 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 fear -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
years, unless he sooner leaves the employment of the city as a police officer or
otherwise vacates his office as trustee. ,, her-eupe a sueeessei!sWI be ehese" i the
Trustees may serve 0 to a maximum of three
(3) consecutive terms; provided however, that any trustee whose term expires shall
continue to serve until a replacement appointment is effective. All terms shall expire
010584s4-1 2
on December 31 of the proper year. No regular or alternate trustee shall hold an othe
public office or appointed position in the city. A vacancy shall occur on the board if
any trustee shall resign, be removed for cause pursuant to this section, a police officer
member trustee ceases to be employed by the city or a trustee's term expires. Any
trustee who wishes to resign should submit a letter of resignation to the chairman and
cit,, cam. _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. 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. laetndstee- may -sueeeedhimself� 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 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.
01056454-1
SECTION 3. Severability. If a Court of competent jurisdiction at any time finds 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 �� day of ®1✓��n U�
2018.
CITY OF LANTIC BEACH
Ellen Glasser, Mayor
Attest*
Donna L. Bartle, City Clerk
Approved as to form and correctness:
Brenn M. D e , City Attorney
01058454-1 4