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2012-001 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 B // City Attorney