Exh 8B
Agenda Item:
Date: 3 - Z '~ - Q ~
CITY OF ATLANTIC BEACH
CITY COMMISSIONER MEETING
STAFF REPORT
ITEM: Pension Board of Trustees -Fifth Member
SUBMITTED BY: ~ George Foster, Human Resource Manager
DATE: March 21, 2000
BACKGROUND: Sec 2-226 (attached) of the City Code states that the General
Employee Pension Board of Trustees and the Police Pension Boazd
of Trustees will consist of five (5) trustees with the fifth member
selected by the other four (4) members. FS 185.05(1) (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 the fifth member."
At the March 14, 2000 meeting, the General Employee Pension
Board of Trustees and Police Pension Board of Trustees voted to
select Harry McNally as the fifth board member to serve jointly on
both boazds. Mr. McNally has agreed to serve as a member of the
General Employee Pension Boazd of Trustees and Police Employee
Pension Board of Trustees.
Members present at the March 14, 2000 Boazd meeting were:
General EmQloyee Boazd Police Board
Chair: Tim Townsend Cindy Anderson
Chair Pro-Tem: Cindy Anderson Robert Jackson
Secretary: Don Ford Henry Bartle
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.Boazd of Trustees for atwo-year term.
ATTACHMENTS: Sec 2-266, City Code and FS 185.05.
CITY MANAGER:
ATLANTIC BEACH CODE
Sec. 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;
(2) One (1) member of the retirement system who is a police officer, but not the chief of the
department, to be elected by the members of the retirement system who are also police
officers;
(3) One (1) member of the retirement system who is not a police officer to be elected by the
members of the retirement system ~uvho are not police officers;
(4) 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) and (3) 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)
MUNICIPAL POLICE OFFICERS' RETIREMENT TRUST FUNDS Ch. 185
185.05 Board of trustees; members, terms of
office=
(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, the
board of trustees 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
police officers who are members of such plan. The fifth
member shall be chosen by a majority of the previous
four members, and such person's name shall be sub-
mitted to the legislative body of the municipality. Upon
receipt of the fifth person's name, the legislative body
of t)te 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 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 legis-
lative body at whose pleasure the member shall serve,
and may succeed himself or herself as a trustee. How-
ever, the terms of the mayor, or corresponding chief
executive officer of the municipality, and the chief of the
police department as members of the board of trustees
as provided in chapter 28230, Laws of Florida, 1953, as
amended, together with any city manager and member
of the legislative body of the municipality as members
of the board of trustees shall terminate on September
30, 1986. 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 IegislaC~ve body of the munici-
pality shall choose a successor in the same manner as
an original appointment. Each police officer may suc-
ceed himself or herself in office. The board of trustees
shall meet at least quarterly each year. Each board of
trustees 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.
1365