Ord 21-09ORDINANCE NO. 21-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 33, "POLICE AND FIRE DEPARTMENTS",
SUBHEADING "PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 33.65,
"ADMINISTRATION", TO PROVIDE FOR A CITY
COMMISSIONER TO SERVE AS AN APPOINTED
MEMBER OF THE BOARD OF TRUSTEES; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions",
of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
33.65, "ADMINISTRATION", to read as follows:
Sec. 33.65. ADMINISTRATION.
(A) The general administration and responsibility for the proper operation of the retirement
system and for making effective the provisions of this subchapter are vested in a Board of
Trustees consisting of nine (9) persons as follows:
(1) The Mayor, or upon the Mayor's designation, the Assistant City Manager;
(2) Two (2) public members, one of whom may be a City Commissioner, to be appointed by the
City Commission as hereinafter provided;
(3) The Fire Chief or, in the event of the Fire Chiefs termination of participation in the system,
a firefighter designated by the Fire Chief;
(4) The Police Chief or, in the event of the Police Chiefs termination of participation in the
system, a police officer designated by the Police Chief;
(5) Two (2) members of the Fire Department to be elected as hereinafter provided;
(6) Two (2) members of the Police Department to be elected as hereinafter provided.
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same are hereby repealed.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 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 shall not affect the validity of any other section, subsection, paragraph, sentence or
word or provision or its application to other persons or 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 ADOPTED in regular session on second and final reading on this
the ~ day of 09.
ATTEST: MAYOR
~~e .. ~O i ~ ___J. ~ IAYl~.I
City Clerk
First Reading ~ Z~
Second Reading ~ ~J
2
Ord. No. 21-09
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: Apri127, 2009
SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF MAY 5, 2009
ORDINANCE NO.21-09
ITEM BEFORE COMMISSION
The item is before Commission is second reading of an ordinance amending Chapter 33, "Police and
Fire Departments", subheading "Pensions", of the Code of Ordinances of the City of Delray Beach,
Florida, by amending Section 33.65, "Administration", to provide for a City Commissioner to serve as
an appointed member of the Board of Trustees.
BACKGROUND
At the first reading on April 21, 2009 the Commission passed Ordinance No. 21-09. The ordinance
provides that of the two public members of the Police and Fire Pension Board, one may be a City
Commissioner.
RECOMMENDATION
Recommend approval of Ordinance No. 21-09 on second and final reading.
Boca RatoET/DelTay Belch News -April 23-24,.2009 • www.bocanews.com
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ANNOUNCEFA8NT8
NOTICE DP PUBLIC HFAIRNG
A PUBLIC HEAfiINO`wID' h'e~ hold an
Oro fo0ovfig proposed ordirtences al
7:OQ pm. on TUESDAY,' MAY $, 2008
(or m eery cenOnuaNon d sudi'Ireel-
iy rRgdr to sel bYOre Cwnmrslan), in
the C9y'Cemmieshll Chambers, t00
N.W. 1sl Arenas, Dehey Beadl, Flor-
ida, at whkA tlma the G'ry Commiasron
w1U oonshler thdr adop0on: TAO: pro•
posed ordNamas may 1» irepeckd
el Rld OfOCe d the Cily Clerk el Gly
Hell, 100 N.w,'1at AVenue: Oelrey
Beach, FlOSi&, between Ole hours of
8:00 e.m, errd~5:00'p.m., Mdhday
Ouough khlag~except'ho0days AO
htlmeated pares fire hrvllad ro'a9erd
and be heard rMh respect W ihd pre.
posedordlnencea ~ ',
ORDINANCE NQ20A4 ~'
AN ORDINANCE AMENDING THE',
CODE OF ORMNANCES OF THE
CITY OF DETAAY BEACH, FLORIDA,
SY AMEND9JG CHAPTER 33 ARiI•
CLE N 'CITY POLICE AND FIRE•I
OF BENEFlTS'TO PROVIDE FOR ~
'POP-UP" FEATURE AS ~AN OP
TN)NAL FORM OF RETIREMEN"
BENEFR UPON THE ELECTION Ol
A PUN MEMBER: PROYIOING FOE
SEYERABIUTY; FOR INCLUSION N
CITY CODE; ANOiAN'EFFECTIVF
DATE
OfiDtNANCE~N0.1t•09:.~..~ '~
AN ORDINANCE OF THE CRYCOM
MISSON OF 7HE CRY OF DELRAV
BEACH, fLORIDA, AMENDING
CHAPTER 33. TOLICE AND FOEE
DINANGES aF TNE.CffY OF DEL-
pAY BEACH, FLORIDA, DY RMLidD•
INO SECTION 33.65,
'ADMINISTRATION', TO PROVIDE
FOR A CITY COMMISSIONER TO
SERVE AS AN APPOINTED MEM•
BER Of THE BOARD OF TRUS•
TEES; PHOVIDNO A GENERAL'RE•
PEALER CLAUSE; A SAVINGS
CLAUSE; AND AN EFFECTIVE
DATE
ORDINANCFNOt22-09
AM ORDNANCE OF THE CITY COM~
MISSION OF THE CITY OF DELRAY~,
BEACH, FLORIDA, AMENDING'
CHAPTER 35, •EMPLOYEE6 POLL-i
'ADMINISTRATION BY RETIE
MENT COMMITTEE"; TO AMEN
EIDARD MEMBERSHIP; PROVOiI
A GENERAL REPEALER gAUSE
VALIDITY CLAUSE; AND AN~;~E
FECTIVEDAIE
Please be edrtsad.tlial V~s'~ptraen"~
eldea b dppeal ang dedstad'fnede
the Ciry Colnml5abrt, ei1N feiped
dny'manar conaroerdd' U Ilbae:ln
n'q3. such petsert ~awy:. neM ro en4.
IhaLa vereathe~ record In'tladei'I
f/elimony and'evidenee'dporl_~whi
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PUBLISH:Thumday, Apr123, 2009
Bode Flatonlpekay Beach Neva
ORDINANCE NO. 21-09
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
CHAPTER 33, "POLICE AND FIRE DEPARTMENTS",
SUBHEADING "PENSIONS", OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 33.65,
"ADMINISTRATION", TO PROVIDE FOR A CITY
COMMISSIONER TO SERVE AS AN APPOINTED
MEMBER OF THE BOARD OF TRUSTEES; PROVIDING A
GENERAL REPEALER CLAUSE; PROVIDING A SAVINGS
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH AS FOLLOWS:
Section 1. That Chapter 33, "Police and Fire Departments", subheading, "Pensions",
of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section
33.65, "ADMINISTRATION", to read as follows:
Sec. 33.65. ADMINISTRATION.
(A) The general administration and responsibility for the proper operation of the retirement
system and for making effective the provisions of this subchapter are vested in a Board of
Trustees consisting of nine (9) persons as follows:
(1) The Mayor, or upon the Mayor's designation, the Assistant City Manager;
(2) Two (2) public members, one of whom may be a City Commissioner, to be appointed by the
City Commission as hereinafter provided;
(3) The Fire Chief or, in the event of the Fire Chiefs termination of participation in the system,
a firefighter designated by the Fire Chief;
(4) The Police Chief or, in the event of the Police Chief s termination of participation in the
system, a police officer designated by the Police Chief;
(5) Two (2) members of the Fire Department to be elected as hereinafter provided;
(6) Two (2) members of the Police Department to be elected as hereinafter provided.
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 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 shall not affect the validity of any other section, subsection, paragraph, sentence or
word or provision or its application to other persons or 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 ADOPTED in regular session on second and final reading on this
the day of , 2009.
ATTEST:
MAYOR
City Clerk
First Reading
Second Reading
2
Ord. No. 21-09
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Susan A. Ruby, City Attorney
DATE: April 16, 2009
SUBJECT: AGENDA ITEM 12 B -REGULAR COMMISSION MEETING OF APRIL 21, 2009
ORDINANCE NO.21-09
ITEM BEFORE COMMISSION
Ordinance No. 21-09 provides that of the two public members of the Police and Fire Pension Board, one
shall be a City Commissioner. This change is made to provide for additional duties to an appointed
Commissioner which legally avoids any dual office holding issues.
BACKGROUND
The City previously amended the ordinance to allow the Mayor or upon the Mayor's designation, an
Assistant City Manager to serve on the Board. This ordinance continues that appointment process, but
also adds that one of the remaining public members shall be a City Commissoner.
RECOMMENDATION
City Commission discretion.