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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2021-017 Temp. Ord. #T02468 March 8, 20221 Page 1 of 5 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 • Page 2 of 5 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 Page 3 of 5 (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 • Page 4 of 5 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 Page 5 of 5 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.