HomeMy WebLinkAboutO-2017-015 Deleting Commissioner on GE and P&FF Pension Boards ORDINANCE NO. 2017-015
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, PERTAINING TO APPOINTMENTS TO CITY PENSION
BOARDS; AMENDING ARTICLE III, ENTITLED "EMPLOYEES'
RETIREMENT PLAN AND TRUST", SECTION 18-29.9, ENTITLED
"BOARD OF TRUSTEES — PLAN ADMINISTRATION", OF CHAPTER 18,
ENTITLED "PENSIONS AND RETIREMENT", OF THE CITY CODE OF
ORDINANCES, TO DELETE A PROVISION DESIGNATING A CITY
ELECTED OFFICIAL TO SERVE AS A RETIREMENT BOARD MEMBER
ON THE GENERAL EMPLOYEES' PENSION BOARD AND DESIGNATING
THE DIRECTOR OF THE CITY FINANCE DEPARTMENT OR DESIGNEE
OF THE DIRECTOR, WHICH DESIGNEE IS EMPLOYED IN THAT
DEPARTMENT, TO SERVE AS A MEMBER OF SUCH BOARD;
AMENDING CHAPTER 2 OF THE CITY CODE OF ORDINANCES, WHICH
CHAPTER IS ENTITLED "ADMINISTRATION", ARTICLE I, ENTITLED "IN
GENERAL", TO DELETE SECTION 2-1.5 ENTITLED "COMMISSIONER TO
SERVE ON BOARD OF TRUSTEES OF CITY POLICE AND FIREFIGHTERS
RETIREMENT SYSTEM" IN ITS ENTIRETY; AMENDING SECTION 2-9,
ENTITLED "DEPARTMENT OF FINANCE CREATED; DUTIES", OF THE
CITY CODE OF ORDINANCES, PERTAINING TO THE DUTIES OF THE
DIRECTOR OF THE CITY FINANCE DEPARTMENT, TO PROVIDE FOR
THE DEPARTMENT DIRECTOR OR DESIGNEE OF THE DIRECTOR,
WHICH DESIGNEE IS EMPLOYED IN THAT DEPARTMENT, TO SERVE
AS A MEMBER OF THE BOARD OF TRUSTEES OF THE EMPLOYEES'
RETIREMENT PLAN AND TRUST (APPLICABLE TO GENERAL
EMPLOYEES); PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH,FLORIDA:
Section 1. That Article III, entitled "Employees' Retirement Plan and Trust" of
Chapter 18, entitled "Pensions and Retirement", and specifically Section 18-29.9, "Board of
Trustees—Plan Administration" of the City Code of Ordinances, is amended to read as follows:
Sec. 18-29.9. -Board of trustees—Plan administration.
(a) The board of trustees shall serve as trustee of the trust created as part of the plan. The
board shall be vested with full legal title to the trust and assets theree of such plan.
(b) The board of trustees shall be the plan administrator and as such shall be charged with the
general administration and responsibility for the proper operation of the retirement plan
and trust and for making effective the provisions of this article. The board of trustees
shall consist of five (5)persons as follows:
(1) One member of the ee seleeted by the e ", Director of the
City Finance Department or designee of the Director, which designee is emplod
in such Department; and
Section 2. That Article I, entitled "In General" of Chapter 2, entitled
"Administration", and specifically Section 2-1.5, "Commissioner to Serve on Board of Trustees
of City Police and Firefighters Retirement System", of the City Code of Ordinances, is amended
to delete the following section in its entirety and to note that such Section is to be identified as
"reserved" as follows:
Sec. 2-1.5. Reserved.-
fir-efighteFs retirement system.
One (1) of the four (4) legal fesideR4s ef the eivy appointed by the eit, n to the boa
eonffnissienen
Section 3. That Article I, entitled "In General" of Chapter 2, entitled
"Administration", and specifically Section 2-9, "Department of Finance Created; Duties" of the
City Code of Ordinances, is amended to read as follows:
Sec. 2-9. -Department of finance created; duties.
(c) Duties. The finance director shall perform the following duties:
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1177) Serve, or appoint a designee employed in the Finance Department to serve, as an
ex officio duty, on the board of trustees for the Employees' Retirement Plan and
Trust.
Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this Ordinance, are repealed to the extent of such conflict.
Section 6. That this Ordinance shall take effect immediately following City
Commission adoption.
PASSED on first reading on April 25, 2017.
PASSED AND ADOPTED on second reading on May 9, 2017.
ATTEST:
LOUISE STILSON, CMC � Is TAMARA J E
CITY CLERK e _ �� MAYOR
APPROVED AS Tq FORM
AND CORRECTN SS:
THO ' S J. SBR
CITY ATTO V EY
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