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HomeMy WebLinkAboutItem #10 2nd Reading of Ord. for Approval of Changes to General Employee's Retirement Trust Fund '-'enter of Good L' ~ AGENDA ITEM COVER SHEET Meeting Date: 02/07/06 Item # .to Contact Name: Contact Number: James Carnicella 1032 Reviewed By: Department Director: City Manager: -~ Z -- Subject: Approval of changes to the City of Ocoee Municipal General Employees' Retirement Trust Fund. 2nd Reading and Public Hearing of Ordinance Background Summary: The Pension Board for the City of Ocoee Municipal General Employees' Retirement Trust Fund is governed by ordinance. Issue: The General Employees' Pension Board has made recommendations to change the ordinance to allow participation from the City Manager and Assistant City Manager. In addition, it removes reference to Directors by specific title thereby allowing for participation of new director positions as authorized in the yearly budget process. Recommendations Staff recommends the Commission adopt the Pension Board changes as amended for the City of Ocoee General Employees' Retirement Trust Fund on the first reading. Attachments: Attached is the Ordinance pertaining to the recommended changes. Financial Impact: None Type of Item: o Public Hearing 1ZI Ordinance First Reading o Ordinance First Reading o Resolution o Commission Approval o Discussion & Direction For Clerk's DeDi Use: o Consent Agenda o Public Hearing o Regular Agenda o Original Document/Contract Attached for Execution by City Clerk o Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) o N/A o N/A o N/A ORDINANCE NO.' _ AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF OCOEE MUNICIPAL GENERAL EMPLOYEES' RETIREMENT TRUST FUND, ADOPTED AND RESTATED IN FULL BY ORDINANCE NUMBER 96-19; AS SUBSEQUENTLY AMENDED; IS HEREBY FURTHER AMENDED BY AMENDING SECTION 1, DEFINITIONS BY AMENDING THE DEFINITION OF "GENERAL EMPLOYEE"; AMENDING SECTION 2, MEMBERSHIP; PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. SECTION 1: Authority. The City Commission of the City of Ocoee has the authority to adopt this ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2: That Ordinance No. 96-19, adopting the amended and restated City of Ocoee Municipal General Employees' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 1, Definitions by amending the definition of "General Employee", to read as follows: General Employee means any actively employed person in the regular full-time service of the City, including those in their initial probationary employment period, but not including certified police officers and certified firefighters, employed by the City. For purposes of this System, the City Manager, "^...ssistant City Manager and City f...ttorney shall not be deemed General Employees, and, therefore, shall not be Members of tho System. SECTION 3: That Ordinance No. 96-19, adopting the amended and restated City of Ocoee Municipal General Employees' Retirement Trust Fund, as subsequently amended, is hereby further amended by amending Section 2, Membership, to read as follows: SECTION 2. MEMBERSHIP. 1. Conditions of Eligibility. Subject to A. of this subsection, all General Employees as of the Effective Date, and all future new General Employees, shall become Members of this System as a condition of employment. A. The following employees, howc'/er, may, within ninety (90) days of his or her employment, may notify the Board and the city of his or her election not to be a member of the System. Thereupon, it shall be the duty of the Board of Trustees to refund, from the Fund, the full amount without interest, withheld from such employee's salary and deposited in the Fund. Thenceforward, no withholding shall be made from his or her salary and all employees who have given such notice shall be banned from participating in the System. The employees who are eligible to opt out of the System are: City Manager. Assistant City Manager and Directors. at Finance Director bj Public '.1./ orks Director I et City Engineer dj Personnel and Human Relations Director ej Planning Director ;f) City Clerk gt Chief Building Official fit Administrative Services Director 2. Membership. Each General Employee shall complete a form prescribed by the Board providing for the designation of a Beneficiary or Beneficiaries. SECTION 4. Severability of Provisions. 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. Repeal of Ordinances. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 6. Effective Date. This ordinance shall take effect upon adoptions. PASSED AND ADOPTED this _ day of ,2005. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA By: Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED ,2005 READ FIRST TIME ,2005 READ SECOND TIME AND ADOPTED ,2005 FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY THIS _ day of , 2005 CHRISTIANSEN & DEHNER, P.A. Special Counsel 2 Copy of Public Hearing Advertisement Date Published Orlando Seu~e1__ w SUNDAY, JANUARY29, 2006 Advertisement en'Y OF ocott. PUBUC 1IEARlNG. A Public Kearill1l before the Ocate City COnlffl,l..ion will be held Tuesday, f.eliruary 7, 2006, at 7:15.p,rn. or as ,soon thereafter as may lllfheordrin the (:o!l1mission Charnber~ of. (:ity Hall at 150 North LakeshoreOrive, . ~~: Florida, 10 consider lh~Jo.l' " If a person decides tOtlp1'l!oHiny. decision made by the above City Commission with respect to any ~~~~mo=~ec;e~~:~c~ ~~rJfr~ ceedlngs, and for such purpose they may need to ensure that a verbatim , record of the proceedings Is mode, , ::~~i:;r:n~c~g.,~~~i~J,~~g: peal Is '0 be based. Alllhter/!$1ed IlOl'llesare Invited to attend and be heard with respect to the above. In accordance'wilh the Americans with Olsabilities Act. ~~~rl~~~d~Wll~:r':,~~r ~~c~: tlelpote Int,his proceeding should contact the Cltv-Clerk's office at 407-905.3105 at leas! two daYS prior to the dote of hearing. Beth Eikenberl'Y I City Clerk i OLS6590911 JAN.29,2OO6 " c-- ,J13 ''-..