Ord 19-07I \
ORDINANCE NO. 19-07
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
33.687, "EARLY RETIREMENT INCENTIVE"; 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 Ciry of Dekay Beach is hereby amended by amending Section
33.687 "EARLY RETIREMENT INCENTNE", to read as follows:
Sec. 33.687. EARLY RETIREMENT INCENTIVE.
(A) Effective January 1, 1994, an early retirement incentive shall be provided to employees
in accordance with this Section. The availability of the early retirement incentive in any calendar year
shall be determined by the Ciry.
(B) Employees with eighteen (18) and up to, but not including, twenty (20) years of
continuous service shall be eligible for the early retirement incentive. In any calendar year in which
the Ciry determines that the early retirement incentive will be offered, eligible employees shall be
given an opportunity to decide within a specified time period (thirty (30) to Winery (90) days)
whether they wish to receive the early retirement incentive and retire from city employment. The
Ciry will provide at least sixty (60) days advance notice to eligible employees of the early retirement
incentive offering, which may be limited to police officer members or firefighter members.
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same are hereby repealed.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
day of ~ 2007.
ATTEST:
~~ ~~,~
MAYOR
~.
City Clerk
First Readin
Second Reading ~ `~
2
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~~
SUBJECT: AGENDA ITEM # ~ Q ° G -REGULAR MEETING OF MAY 15, 2007
ORDINANCE N0.19-07
DATE: MAY 11, 2007
ITEM BEFORE COMMISSION
This ordinance is before Commission fox second reading to amend Chapter 33, "Police and Fire
Departments", Subheading "Pensions", of the Code of Ordinances of the City of Delray Beach,
Florida, by amending Section 33.687, "Early Retirement Incentive", which allows the City to open
early retirement windows for police ox fire instead of opening an early retirement window for both.
BACKGROUND
At the first reading on May 1, 2007, the Commission passed Ordinance No. 19-07.
FUNDING SOURCE
N/A
RECOMMENDATION
Recommend approval of Ordinance No. 19-07 on second and final reading.
S:\City Ckrk\AGENDA COVER MEMOS\Otdinance Agenda Memos\Ord 19-07 Amend Chptr 33 Sec.33.687 Early Retvement Incentive 2nd Reading.05.15.07.doc
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MEMORANDUM
TO: Mayor and City Commissioners
David Harden, City Manager
FROM: Susan A. Ruby, City Attorney
DATE: Apri125, 2007
SUBJECT: AGENDA ITEM # 1 . V -REGULAR MEETING OF MAY 1.2007
ORDINANCE NO. 19-07 AMENDING THE POLICE AND FIRE PENSION
PLAN, SECTION 33.687, "EARLY RETIREMENT INCENTIVE"
ITEM BEFORE COMMISSION
Ordinance No. 19-07 amending Chapter 33, "Police and Fire Departments", Subheading
"Pensions", of the Code of Ordinances of the City by amending Section 33.687, "Early Retirement
Incentive" to allow the City to open early retirement windows for police or fire instead of opening
an early retirement window for both.
BACKGROUND
Currently the early retirement window must be opened for both Police and Fire at the same time.
This has been a problem when one department wants to open the window but the other is
understaffed. Trish Shoemaker from the Division of Retirement has indicated there is no statutory
impediment to the amendment allowing the window to be opened separately for each department.
FUNDING SOURCE
N/A
RECOMMENDATION
Recommend City Commission approval of Ordinance No. 19-07 amending Section 33.687 "Early
Retirement Incentive" of the Code of Ordinances of the City to allow the early retirement window
to be opened for police or fire members.
cc: Joe Safford, Finance Director
Bruce Koeser, Human Resources Director
Stephen H. Cypen, Esq.
Chairman of the Police and Fire Pension Board
Lt. Joe Liguori
James W. Linn, Esq.
ORDINANCE NO. 19-07
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 33.687, "EARLY
RETIREMENT INCENTIVE"; 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 33.687 "EARLY RETIREMENT INCENTIVE", to read as follows:
Sec. 33.687. EARLY RETIREMENT INCENTIVE.
(A) Effective January 1, 1994, an early retirement incentive shall be provided to
employees in accordance with this Section. The availability of the early retirement incentive in
any calendar year shall be determined by the City.
(B) Employees with eighteen (18) and up to, but not including, twenty (20) years of
continuous service shall be eligible for the early retirement incentive. In any calendaz year in
which the City determines that the eazly retirement incentive will be offered, eligible employees
shall be given an opportunity to decide within a specified time period (thirty (30) to ninety (90)
days) whether they wish to receive the eazly retirement incentive and retire from city
employment. The City will provide at least sixty (b0) days advance notice to eligible employees
of the eazly retirement incentive offering, which may, be limited to police officer members or
firefighter members.
Section 2. That all ordinances or parts of ordinances in conflict herewith be, and
the same are hereby repealed.
ion 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 declazed by a court of competent jurisdiction to be invalid or unconstitutional,
such decision shall not affect the validity of any other section, subsection, pazagraph, 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 , 2007.
ATTEST: MAYOR
City Clerk
First Reading
Second Reading
2
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www.bocanews.com • Boca Raton/Delray Beach News -Friday/Saturday, Mayo-5, 2007
NOTICES
700
ANNOUNCEMENTS
CFCY OF DELRAY BEACH,FLORIDA
NOTICE OF PUBLIC HEARING I
A PUBLIC HEARING will be held onl
the folbwing proposed ordinances a~
7:00 p.m. on TUESDAY, MAY 16,
2007 or at any continuation of such
meeting which is set by then
Commission), In the City Commission
Chambers, 100 N.W. 1st Avenue, Del-
ray Beach, Florida, at which time Ih
City Commission will consider their
adoption. The proposed ordinances
may be inspected at the Office of the;
City Clerk at City Hall, 100 N.W. 1s
Avenue, Delray Beach, Florida, bey
tween the hours of 8:00 a.m. and 6:ODI
p.m., Monday Through Friday, excep~
holidays. All interested parties are in-~,
vited to attend and be heard with re=
sped lc the proposed ordinances.
ORDINANCE N0. 18-07
AN ORDINANCE OF THE CITY COM-
MISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, AMENDING THE
LAND DEVELOPMENT REGULA~
TIONS OF THE CODE OF ORDI~
NANCES, BY AMENDING SECTION
6.12~A), "IMPROVEMENT OBLIGA~
TIONS", TO CORRECT THE REFER
ENCE TO AN LDR SECTION THAI
HAS BEEN RELOCATED ELSE
WHERE IN THE CODE; PROVIDING
A SAVING CLAUSE, A GENERAL RE
PEALER CLAUSE, AND AN EFFEC
TIVE DATE.
ORDINANCE N0.19-07
AN ORDINANCE OF THE CITY COM
MISSION OF THE CITY OF DELRA'
BEACH, FLORIDA, AMENDIN(
CHAPTER 33, 'POLICE AND FIRI
. DEPARTMENTS", SUBHEADIN(
PENSIONS", OF THE CODE OF OF
I DINANCE5 OF THE CITY OF DEt
RAV BEACH, FLORIDA, BY AMENC
ING SECTION 33.687,"EARLY RE
TIREMENT INCENTIVE"; PROVIC
ING A GENERAL REPEALE
CLAUSE; A SAVINGS CLAUSE; AN
AN EFFECTIVE DATE.
Please bo advised That it a person d.
citles to appeal any decision made t
the City Commission with respect
any matter considered at these hea
trigs, such person may need to ensu
that a verbatim record includes tt
testimony antl evidence upon whi<
the appeal is to be based. The Ci
does not provide nor prepare sur
record. Pursuant to FS. 286.0105.
CITY OF DELRAY BEAC
Chevelle D. Nubin, CN
Publish: Friday, May 4, 2007
~ Boca RatoNDelray Beach News