06-026
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ORDINANCE NO. 06 - oa to
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF BOYNTON BEACH TO CODIFY THE PROVISIONS FOR
THE COMPOSITION OF THE BOARD OF TRUSTEES OF THE
GENERAL EMPLOYEES' PENSION PLAN OF THE CITY OF
BOYNTON BEACH, FLORIDA, PREVIOUSLY PROVIDED FOR
BY RESOLUTION; PROVIDING ELECTION PROCEDURES
FOR THE CONDUCT OF ELECTIONS OF MEMBERS OF THE
BOARD; PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, g 18-55 of the Code of Ordinances of the City of Boynton Beach,
Florida ("Code of Ordinances") provides that the Board of Trustees ("Board") of the
General Employees' Pension Plan ("Plan") shall consist of the members of the City
Commission unless otherwise provided by resolution of the Commission; and
WHEREAS, Resolutions 85-77 and 00-40 made provisions for the appointment
and election of members of the Board other than members of the City Commission; and
WHEREAS, g 18-138 of the Code of Ordinances of the City of Boynton Beach,
Florida provides that the Board of Trustees may promulgate written rules regarding the
administration of the General Employees' Pension Plan ("Plan"); and
WHEREAS, the Board of Trustees of the General Employees' Pension Board
desire to adopt formal procedures for the conduct of elections and filling of vacancies for
the members of the Board; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section l. The foregoing "Whereas" clauses are hereby ratified as true and
correct and incorporated herein by this reference.
Section 2. The City Commission of the City of Boynton Beach hereby amends
Section l8-l35 of the Code of Ordinances, entitled "General Supervision," as follows:
~18-135
Ceneral SuperYision.Board of Trustees.
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The general supervision of the administration of the plan shall be by the
council, acting as the board oftrustcos.
(a) Composition of the Board. The composition and terms of the seven
(7) members of the Board of Trustees of the Employees' Pension Plan of the City of
Boynton Beach are hereby established as follows:
(1)
(2)
The Mayor
The City Manager
(3) Two (2) individual citizens who shall be appointed by the
City Commission to serve for three (3) year staggered terms.
(4) One (1) employee representative member shall be elected at-
large by the members of the Plan to serve a three (3) year term.
(5) One (1) employee representative member shall be elected to
serve a three (3) year term by all members of the Plan from the general
membership of the Plan, provided the member is a member of a bargaining
unit of the City of Bovnton Beach.
(6) One (1) employee representative member shall be elected to
serve a three (3) year term by all members of the Plan from the general
membership of the Plan, provided the member is not a member of a
bargaining unit of the City of Bovnton Beach.
(7) Employee representatives on the Board must be actively
employed at the City to be elected to the Board. An employee who enters
the DROP as provided in ~18-127, may continue to serve out the remainder
of their term on the Board, but an employee representative may not be
elected to the Board if they have already entered into the DROP prior to the
election.
(8) The terms of the employee representatives on the Board shall
be staggered.
(b)
Vacancies.
(1)
If an elective seat on the Board is vacated for any reason, an
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election to fill the vacated position shall be conducted. However, if an
elected Board member retires before the expiration of their term, such board
member may continue to hold such elective seat for the balance of their
elected term.
(2) If an appointive seat on the Board is vacated for any reason,
the seat shall be filled by appointment by the appointing body.
(3) A replacement member shall serve on the Board for the
unexpired term of the person replaced.
(c)
Conduct of Elections.
(1) The Board of Trustees shall be elected by a per capita vote of
all employees, retirees and individuals who are on approved disability leave.
The candidate(s) receiving fifty percent (50%) plus one (1) of the votes
shall be declared elected and shall take office as soon thereafter as qualified.
(A) Such election shall be conducted by first class mail.
Such mailing shall include:
(i) a letter of instruction written in a
manner calculated to be understood by the average
recipient;
(ii)
a ballot approved by the Board;
(iii) a Board approved form which contains
a description of each candidates' profile or
description of qualifications which has been
submitted to the pension office by the candidate no
later than thirty (30) days prior to an election; and
(iv)
a postage paid return envelope.
(B) Mail ballots must be received in the return envelope
by the deadline provided by the Board.
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(C) All ballots shall be received and counted under the
supervision of the Pension Administrator or other designee( s) of the
Board.
(D)
Only one (1 ) ballot per member shall be permitted.
(2) The Board may rely on the address maintained by the City's
Human Resource department as accurate and current with respect to persons
entitled to vote for the purposes of notice and mailing ballots.
(3) Notice of the election shall be provided to all qualified
persons entitled to vote in person. by mail and by notice posted on City
bulletin boards and included with members paychecks and pension or
disability checks ninety (90) days in advance of an election. Candidates
may register to run for a position on the Board sixty (60) days prior to the
conduct of the election. The ballots shall be mailed out thirty (30) days
prior to the election date.
(4) The results of the election shall be placed on the next Board
agenda immediately following the election for certification of the election
results.
Section 3.
Should any section or provision of this Ordinance or any portion
19 thereof be declared by a Court of competent jurisdiction to be invalid, such decision shall
20 not affect the remainder of this Ordinance.
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Section 4.
All ordinances or parts of ordinances in conflict herewith are hereby
22 repealed.
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Section 5.
This ordinance shall become effective immediately upon its passage.
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FIRST READING this ,2/,1 day of ill d/<<~L- , 2006.
SECOND READING and FINAL PASSAGE this ~ day of (~,L
2
CITY OF BOYNTON BEACH, FLORIDA
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