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HomeMy WebLinkAboutCity of Tamarac Resolution R-2019-135 Temp. Reso #13369 October 28, 2019 Page 1 of 3 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2019- / 2-S A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, REVOKING RESOLUTION R-2018-103 AND APPOINTING ONE RESIDENT TRUSTEE TO THE POLICE PENSION BOARD EFFECTIVE IMMEDIATELY, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 16-571 of the Tamarac Code provides for membership of the Police Pension Board; and WHEREAS, under Section 16-571(a) of the City of Tamarac Code, the Police Pension Plan shall be administered by five (5) trustees. Two (2) resident trustees shall be appointed by the City Commission. Two (2) trustees shall be elected by plan participants defined as full-time police officers or retirees. One (1) trustee (5th member), shall be elected by the other four Trustees on the Board and appointed as a ministerial act by the City Commission. WHEREAS, Resident Trustees shall be legal residents of the City of Tamarac appointed by the City Commission; and WHEREAS, according to Section 16-571(e) "a vacancy in the office of an appointed resident trustee shall be filled by appointment by the City Commission to serve a new two (2) year term." WHEREAS, on August 22, 2018, the City Commission approved Resolution R- 2018-103, re-appointing Jill Andrews-Herman as Resident Trustee to fill a vacancy in the Police Pension Board, to serve a 2-year term expiring on April 26, 2020; and Temp. Reso #13369 October 28, 2019 Page 2 of 3 WHEREAS, Jill Andrews-Herman has not taken the Oath of Office nor attended the Police Pension Board meetings scheduled since the re-appointment by the City Commission; and WHEREAS, the Resident Trustee position must be filled in order for the Board to have the quorum required to manage and administer the Police Pension Plan; and WHEREAS, the City Commission must first revoke Resolution R-2018-103 that re- appointed Jill Andrew-Herman to the Board before a new appointment is made to fill her seat; 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 revoke R-2018- 103 and make a new appointment on the Police Pension Board to serve a new two-year term of office effective immediately. 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, Resolution R- 2018-103 is hereby revoked vacating the Resident Trustee position allowing the City Commission to appoint Joseph M. Lanouette as Resident Appointed Trustee for the Tamarac Police Pension Board to serve a 2-year term ending December 15, 2021. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Temp. Reso #13369 October 28, 2019 Page 3 of 3 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. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 1/ day of December 2019. ittA/V/ ICHELLE J. OITIEZ MAYOR ATTEST: RECORD OF COMMISSION VOTE: MAYOR GOMEZ DIST 1: BOLTON -0 v-- -a DIST 2: GELIN LILLIAN PABON, CMC DIST 3: FISHMAN ACTING CITY CLERK DIST 4: PLACKO 7-ti I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. 614.4..., k,4.s40 4%— SAMUEL S. GOREN CITY ATTORNEY