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HomeMy WebLinkAboutCity of Tamarac Resolution R-2003-282Page 1 Temp. Reso. #10193 July 22, 2003 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2003-282 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 DECEMBER 15, 2005; 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, Murray A. Levine was appointed to serve as a Resident Trustee to the Police Pension Board on September 10, 2001 via Resolution R2001-225; and WHEREAS, as provided in Resolution R2001-225, Mr. Murray's term expires September 10, 2003 or when new appointments are made, and a new Resident Trustee must be appointed; and 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. 1 Page 2 Temp. Reso. #10193 July 22, 2003 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 December 15, 2005 or until such time as reappointments are made: Gina Orlando SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict.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. 1 1 1 Page 3 Temp. Reso. #10193 July 22, 2003 SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 15" day of December, 2003. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. Ul I Y A I I URN JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER AYE DIST 1: COMM. PORTNER NAY DIST 2: COMM. FLANSBAUM-TALABISCO AYE DIST 3: COMM. SULTANOF AYE DIST 4: V/M ROBERTS AYE Page I of 1 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. 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 -- TR10193