HomeMy WebLinkAboutDocumentation_Regular_Tab 12_01/08/2015 Submit by Email Print Form
�� VILLAGE CLERK'S OFFICE
� � AGENDA ITEM RO TIN .�
�% U G SHEET
Meeting Date: Meeting Type: Regular Ordinance #: 1-15
01-08-2015 Consent Agenda: No Resolution #:
Originating Department: Legal
' �' • • • • - : - • • -�•
ORDINANCE 1-15, FIRST READING, AMENDING THE VILLAGE CODE OF ORDINANCES AT
CHAPTER 2. ADMINISTRATION. ARTICLE III. OFFICERS, EMPLOYEES AND DEPARTMENTS.
BY AMENDING THE PUBLIC SAFETY EMPLOYEES' PENSION PLAN TO LIMIT OVERTIME
INCLUDED IN THE DEFINTION OF "SALARY" TO 300 HOURS PER YEAR PER PUBLIC SAFETY
EMPLOYEE; AND TO EXCLUDE ALL HOURS OF UNUSED ACCUMULATED SICK AND VACATION
LEAVE EARNED AFTER THE RESPECTIVE EFFECTIVE DATE FOR EACH BARGAINING UNIT
FROM THE DEFINITION OF "SALARY"
� � -•
Account #: Amount of this item:
Budgeted amount available: Amount remaining after item:
Budget transfer required: Appropriate Fund Balance:
• ' • •' .� • • • • .�- •.
....� � �
----- _.___ _—_-- - —_ _—._._
Department Head -- -
Legal (for legal sufficiency)
Finance Director or Representative
Reviewed for Financial Sufficiency ❑
No Financial Impact 0
Village Manager: � ,
Submit for Council Discussion: �
Approve Item: 0
Deny Item: �
' ' • �' • • - .• - - • -• •- - • •- -
•- • •• - • • -• • • - • - - - •
Form Amended: 10/30/14
ORDINANCE NO.1-15
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 2. ADMINISTRATION. ARTICLE III.
OFFICERS, EMPLOYEES AND DEPARTMENTS. BY AMENDING THE
PUBLIC SAFETY EMPLOYEES' PENSION PLAN TO LIMIT
OVERTIME INCLUDED IN THE DEFINTION OF ��SALA.RY" TO 300
HOURS PER YEAR PER PUBLIC SAFETY EMPLOYEE; AND TO
EXCLUDE ALL HOURS OF UNUSED ACCUMULATED SICK AND
VACATION LEAVE EARNED AFTER THE RESPECTIVE EFFECTIVE
DATE FOR EACH BARGAINING UNIT FROM THE DEFINITION C1F
"SALARY;" PROVIDING THAT EACH AND EVERY OTHER SECTION
AND SUBSECTION OF CHAPTER 2. ADMIlvISTRATION. SHALL
REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the Village Council of the Village of Tequesta has established by ordinance
and maintains the Village of Tequesta Public Safety Employees' Pension Plan, pursuant to and
subject to the provisions of Florida Statutes; and
WHEREAS, the Florida Statutes were amended by Chapter 2011-215, Laws of Florida
(SB 1128) to limit overtime that is included in the definition of "Salary" for pension purposes
commencing with collective bargaining agreement entered into after July 1, 201 l; and
WHEREAS, this change to the Florida Sta.tutes by Chapter 2011-215, Laws of Florida is
effective for the first collective bargaining agreement entered into after Ju1y 1, 2011 between the
Village and the respective bargaining agents (Pa1m Beach County Police Benevolent Association
and International Association of Firefighters); and
WHEREAS, the Village entered into a new collective bargaining agreement with the
International Association of Firefighters effective on October 1, 2013; and
WHEREAS, the Village entered into a new collective bargaining agreement with the
Palm Beach County Police Benevolent Association effective October 1, 2014; and
WHEREAS, the aforementioned changes effected by Chapter 2011-215, Laws of
Florida, and the approval of the new collective bazgaining agreements mentioned above
necessitates amendments to the ordinance that establishes the Public Safety Employees' Pension
Plan, and the Village Council of the Village of Tequesta. desires to amend the Public Safety
Employee Pension Plan to reflect these changes to the law.
Page 1 of 3
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, FLORIDA, THAT:
Section 1: Chapter 2. Administration. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article III. Officers, Employees a.nd Departments, Section 2-61.
Pension Trust Funds. by amending Exhibit B(Public Safeiy Officers Pension Trust Fund) as
follows:
Chapter 2.
EXHIBIT `B"
VILLAGE OF TEQUESTA
PUBLIC SAFETY OFFICERS' PENSION TRUST FUND
Section 2. Defmitions.
Salar means for Firefighters and Police officers hired before October 1, 2010, the total cash
remuneration paid to a police officer or firefighter for services rendered including Base Pay,
Bonuses, Career Service Annual Award, Holiday Pay, Incentives, Overtime (subject to the
limitations in subsections 2(a) and Cb below�, Sick Leave and Vacation Leave Payout on
Termination (subiect to the limita.tions in subsections 2(a below�, Sick-Leave and
Vacation Leave Buy Back(subiect to the limitations in subsections 2(a and (b belowl, and
Straight Time, and effective for payments made after 12/31 /08, as provided for by Internal
Revenue Code §414(u)(7), this defuution of salary shall include any d.ifferential wage payment
from the employer to a member as a result of the member's absence from employment while
serving in qualified military service. This definition excludes pay received as a Car Allowance,
Clotlung Allowance and ShoeBoot Allowance. For Firefighters hired on or after October 1,
2010, the definition of salary sha11 mean the fixed monthly remuneration paid to a firefighter for
services rendered (including regular earnings, vacation pay, and sick pay) but sha11 exclude lump
sum payments, overtime, bonuses, incentives, and longevity.
(a) For firefi�hters, effective October 1, 2013 overtime included in Salarv is limited to 300
hours ner firefi ter per veax. Prior to October 1 2013 all overtime for firefighters hired before
October 1, 2010 is included in the definition of Salary No hours of both unused accumulated
sick leave and unused accumulated vacation leave earned after October 1 2013 will be
considered Salarv, however, firefi�hters hired before October 1 2010 may include a11 hours of
unused sick leave and unused vacation leave earned as of September 30 2013 provided that
amount of hours is cashed in at retirement.
Page 2 of 3
I
(b) For uolice officers, effective October 1 2014 overtime included in Salary is limited to
300 hours per police officer ner year. Prior to October 1 2014 for police officers hired before
October 1. 2010, a11 overtime is included in the definition of Salary No hours of both unused
accumulated sick leave and unused accumulated vacation leave earned after October 1 2014 will
be considered Salarv, however, Police Officer Members hired before October 1 2010 may
include a11 hours of unused sick leave and unused vacation leave earned as of September 30
2014 provided that amount of hours is cashed in at retirement
Section 2: Each and every other Section and Subsection of Chapter 2.
Administration. shall remain in full force and effect as previously adopted.
Section 3: All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
Section 4: Should any section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a couxt of competent jurisdiction to be invalid,
such decision sha11 not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance sha11 take effect imxnediately upon passage.
Rev 12.16.14
Page 3 of 3