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Home My WebLink AboutO-2004-013 City Comm to Bd of Trustees re PoliceFF Retire system11 0 E ORDINANCE NO. 2004-013 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, AMENDING SECTION 18-46 OF THE CITY CODE OF ORDINANCES TO PROVIDE FOR THE APPOINTMENT OF A CITY COMMISSIONER TO THE BOARD OF TRUSTEES OF THE CITY POLICE AND FIREFIGHTERS RETIREMENT SYSTEM; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS, FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That Section 18-46 of the City Code of Ordinances, entitled "Administration", which pertains to the Board of Trustees of the City Police and Firefighters Retirement System, is amended to read as follows: Sec. 18-46. Administration. (1) The general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this Article are hereby vested in a board of trustees consisting of nine (9) persons as follows: (a) Four (4) legal residents of the City appointed by the city commission, one of whom shall be a member of the city commission as selected by the city commission; Section 2. 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. I ORDINANCE NO. 2004 - 013 Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. That this ordinance shall be in force and take effect immediately upon adoption. PASSED AND ADOPTED on first reading on March 23, 2004. PASSED AND ADOPTED on second reading on April 13, 2004. ATTEST: C� ot t-tle LOUISE STILSON CITY CLERK C.K. MCELOA MAYOR — COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN — OUT OF ROOM COMMISSIONER FLURY - YES VICE -MAYOR MIKES YES MAYOR MCELYEA - ABSENT APPROVED AS TO FORM AND CORRECTNESS: I(I'T -� & � BY: I THbmAs' Jj ANSBRO CITY ATTORNEY 0 2 ORDINANCE NO. 2004 - 013 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commissioners CC: Ivan Pato, City Manager Miriam Nasser, Acting City Clerk Ken Harrison, Esq., Legal Counsel to the Police and Firefighters Board of Trustees FROM: Tom Ansbro, City Attorney DATE: March 17, 2004 RE: Proposed Amendment to Police and Firefighters Retirement System Ordinance; Ordinance Authorizing Appointment of a City Commissioner to the Board of Trustees In connection with the recent appointment of Vice-Mayor/Commissioner Bob Mikes to the t'hP&F" Board, I received a telephone call from Mr. Harrison, legal counsel to the Board, questioning e legality of the appointment. I had researched the matter in advance of the appointment and concluded that the appointment by Resolution was legally authorized. The body of law in Florida which prohibits "dual office -holding" (based upon a Florida constitutional provision) has been found to be inapplicable to an elected municipal official who is appointed to serve on a police and firefighters pension board. The pension board attorney only questioned the procedure, since an ordinance does not exist which specifically authorized such an appointment. It was and remains my opinion that an "authorizing ordinance" is not legally required based upon current case law (City of Orlando v. State Department of Insurance, 528 So 2d 468, Fla 1" DCA 1988). However, there are Florida Attorney General opinions (including one issued in February of 2004) which indicate that an ordinance authorizing such an appointment of an elected official to such a board is necessary. While I disagree with the opinions, because the case law is controlling and does not mention such a "requirement", there is no reason to leave any room for question or objection when the matter can simply be remedied by adoption of a minor ordinance amendment. Consequently, an ordinance allowing for the appointment of a city commissioner to the P&F Board by the City Commission is attached and is recommended for adoption. 566.028 TJA:slw Attachment E SUN -SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA BOCA RATON, PALM BEACH COUNTY, FLORIDA MIAMI, MIAMI DADE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF BROWARD/PALM BEACH/MIAMI DADE NOTICE OF HEARING BEFORE BEFORE TIJ��DERSIGNED AUTHORITY, PERSONALLY APPEARED CITY COMMISSION, CITY OF DANIA BEACH, FLORIDA, REGARDING -C n- A� UV WHO, ON OATH, SAYS THAT ADOPTION OF THE FOLLOWING PROPOSED HE/SHE IS A DULYAUTHCIRIZED REPRESENTATIVE OF THE CLASSIFIED ORDINANCE: DEPARTMENT OF THE SUN -SENTINEL, DAILY NEWSPAPER PUBLISHED NOTICE IS HEREBY GIVEN IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE !that the city commission of Dania Beach, ATTACHED COPY OF ADVERTISEMENT, BEING F01f0tilleaCioty id , n April 13, 2004, A: at 7:00 p.m. or as soon thereafter as the matter ORDINANCE AMENDING SEC 18-46 may be heard, will con - duct a public hearing in the City Commission IN THE MATTER OF: Chambers of the Dania ;Beach City Hall, too West Dania Beach Boulevard.. Dania Beach, Florida to, §optjon Ordinance Amending Sec 18-46 consider the Proposed: Of the following �Ordinance entitled: IN THE CIRCUIT COURT, WAS PUBLISHED IN SAID NEWSPAPER IN THE iAN ORDINANCE OF THE 'CiTY ISSUES OF: OF DANIA BEACH, FLORIDA, AMENDING SEC- TI ON 18-46 OF THE CITY 3/30 11865975 CODE OF ORDINANCES TO PROVIDE FOR THE AP- POINTMENT OF A CITY COMMISSIONER TO THE AFFIANT FURTHER SAYS THAT THE SAID SUN -SENTINEL IS A NEWSPAPER BOARD OF TRUSTEES OF. THE PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, CITY POLICE AND FIREFIGHTERS RETIRE - AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY MENT SYSTEM; PROVII)m ING FOR SEVERABILITY;_ PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, PROVIDING FOR CON.: FLICTS; FURTHER, EACH DAY, AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE PRO- VIDING FOR AN EFFECTIVE POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, DATE. FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF iCopies of the proposed jOrdinance are on file In ATTACHED COPY OF ADVERTISEMENT; AND AFFIANT FURTHER SAYS THAT �the Office of the City HE/SHE HAS NEITHER PAID, NOR PROMISED, ANY PERSON, FIRM, OR Clerk, City Hall, 100 West Dania Beach Boulevard, CORPORATION, ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE Dania Beach, Florida, and may be 4p_ POSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID S2ER-_ inspected by the public during normal, working hours. 4_� Interested parties may ap- Pear at the aforesaid IT81GNATURE OF AFFIANT) meeting and be heard with respect to the pro- posed. Any person who decides to appeal any de. SWORN TO AND SUBSCRIBED BEFORE ME cision made by the City Commission with respect ON: 30-March-2004 A.D. to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a ver- batim record of the pro- Z SIGNAI UR OF NOTARY PUBLIC) ceedings is made, which record includes the testi- mony and evidence upon which the appeal is to be based. 1- Puck '�OMMIS'i0,N# 'Y.. lin accordance with the American with Disabilities Act, Persons needing as- �sistance to Participate in any of the Proceedings (NAME OF NOTARY, TYPED, PRINTED, OR -STAMPED) should contact the city Bc '1e,,k '0 W It Dania Bo',Ilevaerd ' Dania PERSONALLY KNOWN OR Or'da 33004, '(B9e5a4C)h424-F3624 at least 48 Prior to the meet. PRODUCED IDENTIFICATION ing. /s/ Miriam Nasser ,Ihours Acting City Clerk March 30, 2004