HomeMy WebLinkAboutCity of Tamarac Ordinance O-2021-017 Temp. Ord. #T02468
March 8, 20221
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2021-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER
16, PENSIONS AND RETIREMENT, ARTICLE VIII,
PENSION PLAN (POLICE OFFICERS), DIVISION 2,
SECTION 16-571, MEMBERS; PROVIDING FOR FOUR
(4) YEAR TRUSTEE TERM LIMITS; PROVIDING FOR
CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Section 185.05(1)(a), Florida Statutes, provides that trustees may
serve terms of up to four years; and
WHEREAS, Section 16-571 of the City Code provides that trustees of the Pension
• Plan shall serve two-year terms; and
WHEREAS, the trustees of the Pension Fund have requested and approved an
amendment increasing trustee terms to four years; and
WHEREAS, amendments to the Plan are necessary to conform the Pension Plan
to the requested trustee term limits; and
WHEREAS, the Board of Trustees of the City of Tamarac Police Officers' Pension
Plan has recommended an amendment to the Pension Plan; and
WHEREAS, the trustees of the City of Tamarac Police Officers' Pension Plan have
requested and approved the amendments provided herein as being in the best interests
of the participants and beneficiaries and improving the administration of the Plan, and
WHEREAS, the City Commission deems it to be in the public interest to provide
• CODING: Words in struck through type are deletions from existing law,
Words in underscored type are additions.
Temp. Ord. #T02468
March 8, 20221 •
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this change to the Pension Plan for its police officers;
NOW THEREFORE, BE IT ORDAINED by the City Commission of the City of
Tamarac, Florida:
Section 1. The foregoing WHEREAS clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Ordinance upon
adoption hereof.
Section 2. Chapter 16, Pensions and Retirement, Article VIII, Pension Plan
(Police Officers), Division 2, Section 16-571, of the Tamarac Code is hereby amended as
follows:
Sec. 16-571. - Members.
(a) The plan shall be administered by five (5) trustees, as follows: •
(1) Two (2) trustees shall be legal residents of the city, who shall
be appointed by the city commission.
(2) Two (2) trustees shall be full-time police officers, as defined
in section 185.02(11), F. S., or whenever the full-time police
officer participation of a closed plan as provided in section
185.38, F.S., falls below ten (10) participants, a police officer
trustee position may be held by either a retired police officer
or a full-time police officer participant who shall be elected
by a majority of the full-time police officers and retired
participants of the plan. If there are no full-time or retired
police officer participants remaining in the plan or capable of
serving, the remaining trustees may elect an individual to
serve in the police officer trustee position. Upon receipt of
such individual's name, the city commission, as a ministerial
duty, shall appoint such individual to the board of trustees.
This provision shall only apply to those plans that are closed
to new members under section 185.38, F.S.
CODING: Words in Str-LIGk-thr-eug#type are deletions from existing law; •
Words in underscored type are additions.
Temp. Ord. #T02468
• March 8, 20221
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(3) One (1) trustee shall be selected by the other four trustees
as provided for herein, and shall be appointed, as a
ministerial act, by the city commission.
(4) Each trustee may succeed himself or herself in office and
may also serve on other city boards including the firefighter
and/or the general employee pension plans.
(b) Appointed resident trustees shall serve terms of two (2) four (4)
years, unless sooner replaced by the city commission at whose
pleasure resident trustees shall serve.
(c) Elected trustees shall serve terms of two (2) four (4) years, unless
the trustee sooner leaves police officer employment of BSO or the
city. The city clerk shall conduct the elections by secret ballot prior
to the expiration of a trustee's expiring term.
(d) The fifth member shall have the same rights as each of the other
four members appointed or elected as herein provided, and shall
• serve a term of two )four (4) years.
(e) A vacancy shall occur whenever a trustee resigns, is removed by
the city commission, is no longer eligible or qualified to serve as a
trustee, dies or becomes incapacitated.
(1) A vacancy in the office of an appointed resident trustee shall
be filled by an appointment by the city commission to serve
a new two-(2-)four (4) year term.
(2) A vacancy in the office of an elected trustee shall be filled by
an election in the same manner as an original trustee was
elected to serve a new two (2) four (4) year term.
(3) A vacancy in the office of the trustee selected by the other
four trustees shall be filled in the same manner as the original
trustee was selected.
Section 3. It is the intention of the City Commission and it is hereby ordained
that the provisions of this Ordinance shall become and be made part of the Code of
CODING: Words in struerkthrough type are deletions from existing law;
Words in underscored type are additions.
Temp. Ord. #T02468
March 8, 20221 •
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Ordinances of the City of Tamarac, Florida, and the word "Ordinance" may changed to
"Section", "Article" or such other word or phrase in order to accomplish such intention.
Section 4. All Ordinances or parts of Ordinances, and all Resolutions or parts
of Resolutions in conflict herewith are hereby repealed to the extent of such conflict.
Section 5. If any provision of this Ordinance or the application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other provisions or
applications of this Ordinance that can be given affect without the invalid provision or
application, and to this end the provisions of this Ordinance are declared to be severable.
Section 6. This Ordinance shall become effective upon passage; however, the
provisions of this Ordinance that are specified to take effect as of a date certain shall take
effect as of the date specified herein
PASSED, FIRST READING this day of AP4-14 , 2021.
PASSED, SECOND READING this ' sr'day of f7P?e!L , 2021.
MIC ELLE J. GO
MAYOR
ATTEST /4601a1-1
RECORD OF COMMISSION VOTE: 1ST Reading
JE ER J S , CMC MAYOR GOMEZ �S
CITY CLERK DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN
DIST 3: V/M VILLALOBOS
DIST 4: COMM. PLACKO ,V6-5
CODING: Words in struck through type are deletions from existing law; •
Words in underscored type are additions.
Temp. Ord. #T02468
• March 8, 20221
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RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ
DIST 1: COMM. BOLTON
DIST 2: COMM. GELIN flli
DIST 3: VIM VILLALOBOS
DIST 4: COMM. PLACKO
I HEREBY CERTIFY that
have approved this
ORDINAN 'to form.
• HA S O INOT
CItY ATTORNEY
411 CODING: Words in stick-through type are deletions from existing law;
Words in underscored type are additions.