HomeMy WebLinkAboutCity of Tamarac Resolution R-2004-019Page 1
Temp. Reso. #10327
January 13, 2004
Revision # 1 January 26, 2004
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2004- Iq
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, APPOINTING ONE
RESIDENT TRUSTEE TO THE POLICE PENSION BOARD
FOR A TWO-YEAR TERM ENDING JANUARY 28, 2006;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 16-571 of the Tamarac Code (attached as Exhibit "A") provides
for members of the Police Pension Board; and
WHEREAS, Resident Trustees shall be legal residents of the City of Tamarac
appointed by the City Commission; and
WHEREAS, Gina Orlando was appointed to serve as a Resident Trustee to the
Police Pension Board on December 15, 2003 via Resolution R2003-282; and
WHEREAS, Ms. Orlando resigned from the Police Pension Board on January 9,
2004; and
and
WHEREAS, it is necessary to fill the vacancy created by Ms. Orlando's resignation;
WHEREAS, the Human Resources Director and City Manager recommend
approval; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be in
the best interest of the citizens and residents of the City of Tamarac to appoint one
Resident Trustee to the Police Pension Board to serve a new two-year term.
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Temp. Reso. #10327
January 13, 2004
Revision # 1 January 26, 2004
NOW, THEREFORE, BE IT RESOLVED 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 Resolution.
SECTION 2: That pursuant to Section 16-571 of the Tamarac Code, the following
person is hereby appointed as Resident Trustee of the Police Pension Board for a two-
year term expiring January 28, 2006 or until such time as reappointments are made:
Murray A. Levine
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
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Temp. Reso. #10327
January 13, 2004
Revision # 1 January 26, 2004
SECTION 5: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this 28" day of January, 2004.
ATTEST:
MARI( N SWENSON, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
RESOLUTION as to form.
JOE SCHREIBER
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR SCHREIBER
DIST 1: COMM. PORTNER
DIST 2: COMM. FLANSBAUM-T
DIST 3: COMM. SULTANOF
DIST 4: V/M ROBERTS
5)- by A
I� MITCHELL S. KRAFT
CITY ATTORNEY
To Frame Page 1 of I
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.
--..(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) years, unless sooner replaced by the city
commission at whose pleasure resident trustees shall serve.
(c) Elected trustees shall serve terms of two (2) 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 (2) 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) 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) 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.
(Ord. No. 99-32, § 9, 12-8-99; Ord. No. 2002-16, § 2, 9-11-02)
EXHIBIT "A"
TEMP. RESO. 10327
http://f vs.municode.com/CGI-BIN/orn_isapi.dl]?SEARCHOPTIONS—on&advquery=16-57l... 1/13/04