Ordinance No. 58-18-43- PBOT-PoliceORDINANCE 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- and.
WHEREAS, following a proper and valid vote for reconsideration, the City Commission
now desires to modify this Ordinance to allow a trustee to serve in other public offices provided
no violation of Article II, Section 5(a) of the Florida Constitution arises; and
WHEREAS, an additional duly noticed public hearing was held on January 111 , 2019.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH, FLORIDA:
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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:
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 three-year term unless he
sooner vacates the office. Each resident trustee shall serve as trustee for a three-year
01078055-1
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 for a period of four el)
years, unless he sooner leaves the employment of the city as a police officer or
otherwise vacates his office as trustee. whereupon a successor shall be chosen in the
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01078055-1
same manner as the departing trustee. Trustees may serve up 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
on December 31 of the proper year. No - _ . - trustee shall hold any other
public office
in violation of Article II, Section 5(a),
Florida Constitution. 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 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. 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. Each trustee may
succeed himself in office. 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.
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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 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 fmal 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 26th day of November,
2018.
PASSED by the City Commission following a proper and valid vote for reconsideration
and additional duly noticed public hearing and final reading this i day of January, 2019.
Att�e�s%t:
g
e4,144.4
Donna L. Bartle, City Clerk
Approved as to form and correctness:
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M. Dui, City Attorney
CITY OF ATLANTIC BEACH
err
El' -n lasser, Mayor
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