Loading...
4212 Firefighters PensionORDINANCE NO. 10 -4212 AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA, AMENDING CHAPTER 66, PENSIONS AND RETIREMENT, ARTICLE III, FIREFIGHTERS' RETIREMENT SYSTEM; AMENDING SECTION 66 -73, BOARD OF TRUSTEES; PROVIDING FOR SEVERABILITY OF PROVISIONS; PROVIDING FOR CODIFICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, FLORIDA: SECTION 1 : That Chapter 66, Pensions and Retirement, Article III, Firefighters' Retirement System, of the City Code of the City of Sanford, is hereby amended by amending Section 66 -73, Board of Trustees, subsection (1), Board of trustees, responsibilities, composition, to read as follows: (1) Board of trustees, responsibilities; composition. The sole and exclusive administration of and responsibility for the proper operation of the system and for making effective the provisions of this article are hereby vested in a board of trustees. The board of trustees is hereby designated as the plan administrator. The board of trustees shall consist of five trustees, two of whom, unless otherwise prohibited by law, shall be legal residents of the city, who shall be appointed by the city commission, and two of whom shall be members of the system, who shall be elected by a majority of the firefighters who are members of the system. The fifth trustee shall be chosen by a majority of the previous four trustees as provided for herein, and such person's name shall be submitted to the city commission. Upon receipt of the fifth person's name, the city commission shall, as a ministerial duty, appoint such person to the board of trustees as its fifth trustee. The fifth trustee shall have the same rights as each of the other four trustees appointed or elected as herein provided and shall serve a four year term unless he or she sooner vacates the office. Each resident trustee shall serve as trustee for a period of four years, unless he sooner vacates the office or is sooner replaced by the City Commission at whose pleasure he or she shall serve. The two resident trustees shall serve staggered terms. Each Ordinance No. 10 -4212 Page 1 member trustee shall serve as trustee for a period of four years, unless he or she sooner leaves the employment of the City as a firefighter or otherwise vacates his or her office as trustee, whereupon a successor shall be chosen in the same manner as the departing trustee. Each trustee may succeed himself or herself in office and the two firefighter trustees shall serve staggered terms. A City official who is otherwise eligible for appointment to the board shall not be disqualified from consideration solely on the basis of his or her official status unless so required by law. DROP participants can be elected as but may not vote for elected trustees. The board shall establish and administer the nominating and election procedures for each election. The board of trustees shall meet at least quarterly each year. The board of trustees shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description. SECTION 2 : All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3 : Specific authority is hereby granted to codify and incorporate Sections 1 and 2 of this Ordinance in the existing Code of Ordinances of the City of Sanford. SECTION 4 : If any section, subsection, sentence, clause, phrase of this ordinance, or the particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, the remaining section, subsection, sentences, clauses, or phrases under application shall not be affected thereby. SECTION 5 : That this Ordinance shall become effective upon adoption. PASSED AND ADOPTED this 14'' day of June, A.D. 2010. CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA Linda uhn, Mayor Ordinance No. 10 -4212 Page 2 ATTEST: NET R. DOUGHERTY, CITY CLERK dm /san /fir /03- 19- 1 0..ord. ci n i Ordinance No. 10 -4212 Page 3