Ord 22-09ORDINANCE NO. 22-09
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRA.Y BEACH, FLORIDA, A,MEZ~IDING CHAPTER 35,
"EMPLOYEES POLICIES A,ND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING
SECTION 35.1x5, "ADMINISTRATION BY RETIREMENT
COMMITTEE"; TO AMEND BOARD MEMBERSHIl';
PROVIDING A GENERAL REPEALER CLAUSE; A
VALIDITY CLAUSE; AND AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH AS FOLLOWS:
Section 1. That Chapter 35, "Employee Policies and Benefits", subheading, "Retirement
Plan", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending
section 35.1x5, "Administration by Retirement Committee", to read as follows:
Sec. 35.1x5. ADMINISTRATION BY RETIREMENT COMMITTEE.
{A} jRetirement Committee ~'stablished.J
{1} The plan will be administered by the Retirement Camrnittee {herein referred to as the
Committee} appointed by the City Commission, consisting of five
~dien~ members. One member shall be the Finance Director of the City. The City
Commission shall appoint faun additional members, three of wham F-~e~tl may, but need
not, be employees of the City and one that may, but need not be an em,~loyee of the
City or the Mayor or City Commissioner. Each appointed member shall, ~~~' °^^'" ~°~'°°r r'~~"
~ .,«,,,,;.,+°,a ~,.> +,,° r:+<, r-<,,,~,,V,;~.,;,,,, +„ serve until a successor is appointed in like manner.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 3. That if any section, subsection, paragraph, sentence or ward or other
provision of this ordinance, or any portion thereof, or its application to any person ar
circumstance, be declared by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of any other section, subsection, paragraph, sentence or
ward ar provision or its application to other persons ar circumstances and shall not affect the
validity of the remainder hereof as a whole or part thereof other than the part declared to be
invalid.
Section 4. That this ordinance shall become effective immediately upon passage on
second and final reading.
~~
PASSED AND ADC}PTED in regular session on second and final reading on this the
day of , 2009.
MA1'tJR
ATTEST:
City Clerlc
First Reading ~ c~
Second Reading ~~ ~J
Ord No. 22-fl9
MEMORAND~.TM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: Apri127, 2009
SLIB7ECT: AGENDA_ITEM 10.F. -REGULAR COMMISSION MEETING OF MAY S, 20OQ
ORDINANCE NO.22-09
ITEM BEFORE COMMISSION
The item before Commission is second reading of an ordinance amending Chapter 35, "Employee
Policies and Benefits", Subheading "Retirement Plan", of the Code of Ordinances by amending Section
35.105, "Administration by Retirement Committee", to amend the committee membership.
BACKGROUND
At the first reading on April 2i, 2009, the Commission passed Ordinance No. 22-09.
RECOMMENDATION
Recommend approval of Ordinance No. 22-09 on second and final reading.
~EMORANDL~M
TO: Mayor and City Commissioners
FROM: Susan A. Ruby, City Attozney
DATE: April 17, 2009
SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING IIF APRIL 21, 2009
ORDINANCE NO. 22-09
ITEM BEFORE COMMISSION
Ordinance Na. 22-09 provides that one of the appointments to the General Employees Retirement Plan
Committee may be either a citizen, employee or Mayor ar Commissioner as determined by the City
Commission,
BACKGROUND
The City Commission at their organizational meeting discussed the appointment to the General
Employees Retirement Plan Committee since Tom Lynch resigned. This ordinance was drafted so that
the Commission may appoint the Mayor or a City Cam7nissioner or employee or anyone else it
desires. The ordinance was modified to give additional duties to the Mayor ar City Comrrlission, if so
appointed, to avoid dual office holding complications.
RECOMMENDATION
City Corrnnission discretion.
ORDINANCE NO. 22-09
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA,
AMENDING CHAPTER 35, "EMPLOYEES
POLICIES AND BENEFITS", SUBHEADING
"RETIREMENT PLAN", OF TIIE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 35.105,
"ADMINISTRATION BY RETI~tEMENT
COMMITTEE"; TO AMEND BOARD
MEMBERSHIP; PROVIDING A GENERAL
REPEALER CLAUSE; A VALIDITY CLAUSE; AND
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 3S, "Employee Policies and Benefits", subheading,
"Retirement Plan", of the Code of Qrdinances of the City of Delray Beach is hereby
amended by amending section 3S.lOS, "Administration by Retirement Committee", to
read as follows:
Sec. 35.105. ADMINISTRATION BY RETIREMENT COMMITTEE.
{A} Retirement C'~mmittee Established.
{1} The p]an wil] be admin]stered by the Retirement Committee {herein referred to as
the Committee} appointed by the City Commission, consisting of fivel~a't~p~rserr
members. {one member sha]1 be the 1?inance Director of the Cite. The
City Commission shall atataoint four additional members, three of wham £a~~m~n
may, but need not, be ~n-~f=i~ta~l-er employees of the City and one that may, but need not
be an employee of the City or the Mayor or City Commissioner. Each appointed member
shall, serve anti ] a
successor is appointed in like manner.
Section 2. That all ordinances or parts of ordinances in conflict herewith be,
and the same are hereby repealed.
Section 3. That if any section, subsection, paragraph, sentence ar word or
other provision of this ordinance, or any portion thereof, or its application to any person
or circumstance, be declared by a court of competent jurisdiction to be invalid or
unconstitutional, such decision shat] not affect the validity of any other section,
subsection, paragraph, sentence or word ar provision or its application to other persons or
circumstances and shall not affect the validity of the remainder hereof as a whole ar part
thereof other than the part declared to be invalid.
Section 4. That this ordinance shall become effective immediately upon
passage on second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this
the ~ day of , 2009.
ATTEST: MAYOR
City Clerk
First Reading
Second Reading
2
12A' Boca Raton/Delray Beach iUews -April 23.24,. ZOfl'~ • www.bocanews.com
~9T7Cy~
lQO.
AtiFtOUNCEIYI~NTS
A PUBLIC HEAfIINO~'a~~tie'iiekl an
Dra YAbYSIIg ppiaposed adhlences at
7:0D pre, an TUESRAY,- tdaY S. ,"ODa
(gar M eay coniaaraymr d su:h'~rrccl-
ng a9lldr is sd,by Dm Camplissteal In
Ne Cd7r'Commh>lon Chamr~ ~„ '
NVG 1St A~nae, RaEay BpI: •h; }'_ ~.
Ida, al xh~1 ~ the City Carnndasiun
•N a~5!m IrtaY ~oplkh: Tiie:pa
pasad om~n~-.~,~x map ba hmpeGad
et me 4':c= a Re C~~r Cletk at LNry
NaE, iDD h w. ter Awnae; pelray
Boacti flw~7, Lclrwuu the hours d
SAD am. ood ::Da a.m_ ianirdari
asmeaea peryes aw §mlaC I
arM 6a Famd aM reapatt At
imadordlnarce¢ '
AN ORDBiANCE AMENOINii'7NE
CORE flF ORRlNANGES flF THE
CITY ~ DE(AAY BEACH, FLORIDA,
8Y SIR cIDyPTER E8 ARH-
CLE N'CtTY vuLICE ANQ FIRE•
HRHTERS flFTNCMENT SYSTEhf
SECTION I3k3 Y1PTtCNAL FORMS
OF SENEFTIS' TO PROViOE fOR A
'POP•tI,P' FEATURE AS ~AN OP-,
TiONAL FDNN 6F RETNTFMENT'~..
BENEFR IIPDN THE ECECTID~4 OF ''.....
A PLAN MEMBER: PRO1T'J~,NQ FAR
9EVERA8ILITY: FOR INLLUS:oN W
CITY CODE; AND:AN'EFfECTIVE.
RATE.
08DINANCE~NQ21A8::;~.
AN ORDINANCE (,~ THE CITY COM•
MISSION OF TI1E CITY OF REIRAY
REACH, FLORIRA, AMENOIN6
CHAPTER 3D, 'POLICE AND EIRE
rtNDIRNa-, ~ TkIE C06E Of OR•
DINANCES OF THE.CITY OF OEL-
RAY SEApi, Ff9RIDA DY A'AriA•
INR SECTION '3.95,
"AOMINISTRATtON', TO PROVIDE
FOR A CITY cOMN1881oN[R lO
SENVE A9 AN APPOHNTER MEM-
BER OF THE BOARD OF 7RUS-
TEF3; PHOVIORIO A RENERAt~ RE
PEALER CLAUSE; A SAVINRS
CLAUSE; AND AN EFFECTTVE
DATE
ORDINANCE NO. t2•Ui'
AN ORAftdANCE {Yf THE GR'YCOM•
MISSION OF THE CITY OF DELRAV
BEACH, FIOftiDA, AMENDINR
CHAPTER 35, 'EMPLOYEES POLO
CIES AND SENEFtTS`, SUSHE r1D,
IA'R 'RETIREMENT PLAN", OF if1E
CODE OF OR6INANCES OF4 TitE
CfTY Cf REUiAY BEACN, flOR10A,
SY AMENDINR SECTIpN sS,iQS,
'ARtitIN:GTRATION DY RETi~TE='
MEN? COMMITTEE°; TO AMEND
Rom MEMBERSWP; PROVEMND
A GcrvEw,L REPEALER CIAUSE;A
val mITY CLAUSE; AND AN'EE~•
FEGIIVERATE
PbaSa be adrH¢d Ihol .1 a peranii'"Ae'^
s beppaa( a~? C9aian ~rnge b'y
I Clly Caaiml57bn xd~ roaped ta~
`aay'matler taniWered .I inn:o_hoai+
n94 ouch pmcdn_ mrg. n~~a ra mruie
Thal' A varbalHp' rewrd I nG udo e I h'L
ieaHmany antl~errdcnu, upon ivnicrl
Rlb•apeaal M M' bEi 6asae; 7ha C¢y-
Rnar nui provlilo ~nW;~ptepua axti
rlWrd ru~enl taF3.28dD105ti.':...:
' '; ~GITYOfOfl.RAYSEAdi
Clie~aNubin,t
C~gaas
FUBLISN:ThaRAag Apra 23, 200E
Bo~'a RelmtDeaay Beach Nava