HomeMy WebLinkAbout2012-001 Police and Firefighter Pension Plan Reform RESOLUTION: 2012 -001
A RESOLUTION OF THE CITY OF OCOEE SUPPORTING POLICE
OFFICER AND FIREFIGHTER PENSION PLAN AND DISABILITY
PRESUMPTION REFORMS TO MAKE THE PLANS SUSTAINABLE,
SOUND AND SECURE FOR CURRENT AND FUTURE POLICE
OFFICERS AND FIREFIGHTERS.
WHEREAS, to honor their service now and in years to come, current and future police
officers and firefighters in the City of Ocoee deserve pension plans that are
sound, secure and sustainable; and
WHEREAS, City of Ocoee opposes unfunded mandates from the Florida Legislature that
have created a pension plan system for local police officers and firefighters that
is unstable, unsustainable and unreliable for current and future police
officers and firefighters; and
WHEREAS, the Florida Legislature has imposed significant unfunded mandates onto the city
relative to the operation of the city's police officer and firefighter defined
benefit pension plans by mandating minimum pension benefit levels and
mandating the use of revenues to fund pension plan costs; and
WHEREAS, the Florida Legislature has provided that health conditions related to heart
disease, hypertension or tuberculosis suffered by a police officer or firefighter
are presumed to be job related, and these "disability presumptions" are
applicable to both workers' compensation and disability pension claims; and
WHEREAS, the Florida Legislature has written and the courts have interpreted the disability
presumption laws so favorably toward these employees that cities and other
government employers basically cannot overcome the presumption and show
the health condition was not work related; and
WHEREAS, the Florida Legislature transferred all operational and administrative control of
police and firefighter pension plans from the City of Ocoee to a legislatively
created board of trustees, a separate legal entity apart from the City of Ocoee
that exercises broad powers outside the City of Ocoee's control, and is not
required to provide fiscal transparency or accountability for substantial amounts
of public funds; and
WHEREAS, the City of Ocoee is seeking immediate mandate relief from the Florida
Legislature and requests the Legislature to untie its hands so that it can
responsibly address its pension and other personnel issues locally and in a
manner that best serves its taxpayers, stops potential pension abuse and protects
pensions for current and future generations of police and firefighters.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
OCOEE, FLORIDA:
Section 1. That the City of Ocoee hereby supports responsible police and firefighter
defined benefit pension and disability presumption reforms to ensure sound,
secure and stable pensions will be there for current and future police and
firefighters.
Section 2. That the City of Ocoee believes local issues should be addressed locally and
hereby requests the Florida Legislature to remove itself from the local collective
bargaining process between the City of Ocoee and its police and firefighters.
Section 3. That the City of Ocoee hereby requests the Florida Legislature to remove
mandates establishing minimum pension benefit standards for police and
firefighter pensions, remove the requirement to provide new, extra pension
benefits to police and firefighters, and allow the City of Ocoee to use insurance
premium tax revenues to pay for the level of pension benefits for police and
firefighters that meets the needs and priorities of the City of Ocoee.
Section 4. That the City of Ocoee hereby requests the Florida Legislature to enact
responsible reforms to bring a fairer balance to the application of disability
presumption laws relating to certain health conditions suffered by firefighters
and police officers by requiring a police officer or firefighter to meet age and
employment standards, allowing a disability presumption to be overcome by a
preponderance of the evidence, and allowing certain individual risk factors to be
considered when applying a disability presumption, such as tobacco use, weight
and diet, genetics and lifestyle choices.
Section 5. That the City of Ocoee hereby requests the Florida Legislature to impose
reasonable fiscal transparency and accountability standards on legislatively
created police and firefighter pension boards of trustees.
Section 6. That the City of Ocoee urges the Florida Legislature to pass and the Governor to
approve the above responsible pension reform recommendations relating to
police and firefighter pension plans and disability presumptions in the 2012
legislative session.
Section 7. That the City of Ocoee Clerk is directed to transmit a copy of this resolution to
Governor Rick Scott, the Florida Legislature, and the Florida League of Cities,
Inc.
Section 8. That this resolution shall be effective upon adoption.
PASSED AND APPROVED by the City Commission of the City of Ocoee, Florida this 3rd day
of January, 2012.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
ite
r'ikenberry, CMC, City C rk S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY
THE CITY OF OCOEE, FLORIDA; COMMISSION AT A MEETING HELD
APPROVED AS ..T.C4 FORM ON January 3, 2012.
this 3 day of \,JIQnt_} , 201P UNDER AGENDA ITEM NO: 7.
FOLEY & LARDNER, LLP
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City Attorney