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06-026 1 2 3 4 5 6 7 8 9 10 II 12 13 14 l5 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 II 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. Page 1 of5 JFK: S:\CA \Ordinances\Pension\Election Procedures (2).doc 9 10 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 II 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 Page 2 of5 JFK: S:ICA IOrdinanceslPensionlElection Procedures (2).doc 10 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 2 3 4 5 6 7 8 9 II 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. Page 3 of5 JFK: S:\CA \Ordinances\Pension\Election Procedures (2).doc 1# 8 9 10 11 12 13 14 15 l6 17 18 1 2 3 4 5 6 7 II (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. 21 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby 22 repealed. 23 Section 5. This ordinance shall become effective immediately upon its passage. Page 4 of5 JFK: S:\CA \Ordinances\Pension\Election Procedures (2).doc 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 II 1 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 ~-- ".7 i 4:~~;,4~- < '''") . A~t1~ A:::o~ ~~~ Commissioner ATTEST: r Page 5 of5 JFK: S :\CA \Ordinances\Pension\Election Procedures (2).doc ,2006. '........, \