Pursuant to F.S. ch. 650, Social Security for Public Employees, all city employees shall participate and have the necessary social security and withholding taxes deducted from their salaries and the employer shall pay for city contributions as are required. The city manager, or his designee, shall be authorized to maintain the program in accordance with federal, state and local law. If federal, state or local law affect the program, the city manager shall provide a written impact statement to each city commissioner. Any and all other changes to the plan must be approved by a majority of the city commission.

(Ord. No. 2004-21, § 1, 9-21-2004)

It is declared to be the policy of the city that city employees not specifically excepted in this article or by resolution shall be constituted as civil service employees and shall be employed, retained, governed, directed and discharged as provided in this article. It is further the policy of the city that certain positions in the city's employ shall be excluded from civil service coverage because of the managerial, professional or confidential nature of their responsibilities.

(Ord. No. 97-19, § 1(21-1), 11-18-1997)

(a)

All persons regularly employed by the municipality, except excluded positions and department heads, shall be construed to come within the provisions of this article; but this article shall not include any officer or person employed for temporary duty only, or volunteers. Every vacancy in the classified service shall be filled from an eligible register established for the particular position.

(b)

Employees of the municipality coming within the provisions of this article shall be employed and retained in employment and advanced to any higher grade on merit and fitness only; and the merit and fitness of any applicant for such departments, or for advancement in such departments, shall be determined by competitive examination, and such other factors as the city sees pertinent for a particular position, as provided in this article.

(Ord. No. 97-19, § 1(21-2), 11-18-1997; Ord. No. 2011-06, § 2, 4-20-2011)

(a)

Positions may be excluded by resolution if, due to reorganization, reassignments or reallocation of duties and responsibilities, they are created or become managerial, professional or confidential under guidelines established by the city commission and uniformly applied. Employment in such exempt, noncompetitive positions shall be in the discretion of the city manager.

(b)

Persons occupying excluded positions and who have no previous civil service status with the city shall continue in their employment at will, at the discretion of the city manager or the city commission (as the city's Charter provides), who shall have the authority to terminate the employment of such persons.

(Ord. No. 97-19, § 1(21-3), 11-18-1997)

(a)

A classification plan which describes the classes of positions as published with any modifications made to such plans in accordance with this article shall constitute the official classification plan for all civil service positions in the service of the city. No person shall be employed or regularly assigned to work under any title not appropriate to the duties to be performed.

(b)

The human resources department shall prepare position descriptions for each class of positions and job descriptions for each job within the position, if separate. The board shall first approve each class of positions prior to employing anyone in the classified service for that class.

(c)

The annual budget shall fix the number of members in each particular grade and may increase or reduce the number of any grade, or may abolish that grade, except department heads authorized by the city's Charter.

(Ord. No. 97-19, § 1(21-4), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

Any employee in the classified service who has served the required probationary period may be transferred with the approval of the human resources department from a position in one department to a position of the same class in another department, upon approval of the heads of the two departments concerned and with the consent of the employee to be transferred, without having to serve an additional probationary period. Nothing in this section shall be construed to interfere with the right of the city manager to assign or reassign employees within a given class among the various departments as he deems in the best interest of the service, regardless of consent of employees so assigned.

(Ord. No. 97-19, § 1(21-23), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

The provisions of this article are severable. If any paragraph, section, subdivision, sentence, clause or phrase of this article is for any reason held to be contrary to law or contrary to any rule or regulation having the force and effect of law, such decision shall not affect the remaining portions of this article.

(Ord. No. 97-19, § 1(21-33), 11-18-1997)

(a)

Definitions.

(1)

Criminal history means any information related to an arrest or criminal charges against the applicant, proceedings related to the applicant's arrest or criminal charges, and disposition of the applicant's arrest or criminal charges.

(2)

Criminal history background check means requesting, with a goal of obtaining, information about an applicant's arrest or criminal charges.

(3)

Finalist means an applicant who has been preliminarily determined by the City to meet the qualifications for the position and has been interviewed for the position.

(4)

Conditional offer of employment means any document, whether in paper or electronic form, that the city requires an applicant to submit to express the applicant's interest in employment with the city.

(b)

Criminal history background checks.

(1)

Except as otherwise required under state or federal law, the city will not inquire about an applicant's criminal history and will not seek an applicant's authorization to conduct a criminal history background check until a conditional offer of employment is made to the applicant.

(2)

Except as otherwise required under state or federal law, the city will not advertise positions with a statement that an individual with a criminal history may not apply for the position or place on application for employment that an individual with a criminal record may not apply.

(3)

Recognizing that background checks may contain errors and that unreported factors may mitigate the significance of a crime as it relates to an application for employment, the city will offer a copy of all background check reports to the candidate before taking any adverse action. The city will give the applicant seven days to respond in writing with evidence of inaccuracies on the background check or evidence of rehabilitation or other mitigating factors. Mitigating factors are things that contributed to the conviction such as coercive conditions, physical or emotional abuse, and untreated substance abuse or mental illness. Mitigating factors may also include evidence of rehabilitation, satisfying terms of parole or probation, education or training, participating in alcohol or drug treatment programs, letters of recommendation, time since the arrest and the age at which the individual was convicted.

(4)

The city will determine, after considering all factors, in its sole discretion, whether the crime disqualifies the applicant for the position.

(5)

The city's selection and hiring decisions are final and not subject to appeal.

(c)

Exemptions and limitations.

(1)

The criminal history screening practices in this section do not apply if additional or conflicting employment practices or requirements regarding criminal history screening are required by applicable county, state or federal law.

(2)

Additionally, the criminal history screening practices screening practices in this section shall not apply to the following positions: to any employment positions with unsupervised access to children under 18 years old or vulnerable adults and persons as defined by applicable law, sworn officers of the police department, [and] firefighters in the fire department.

(3)

Nothing in this section limits the city's ability to select the most qualified applicant for a position.

(4)

Nothing in this section creates a cause of action for any applicant with regard to hiring or selection.

(d)

Implementation. The city manager, or designee, shall develop and implement any policies necessary to ensure full compliance with this section.

(Ord. No. 2020-010, § 2, 3-18-2020)

(a)

A civil service board for the municipality is created. Such board shall be composed of five members, three members of the board to be persons of different vocations, not employed by the municipality in any other capacity, official or otherwise, and shall be appointed by the city commission, and shall be so appointed for terms of two years. The fourth member of the board shall be a sworn officer in the police department, who shall be elected to membership on the board by the vote of the regular employed members of the police department. The fifth member of the board shall be a city employee with civil service status other than a sworn police officer. For greater certainty, it is specified that civilian employees in the police department shall vote only for the fifth member and not for the fourth member of the civil service board. The term of the fourth and fifth members shall be for two years. The members of the board, other than the fourth and fifth members, shall appoint the judges and clerks for the election of the fourth and fifth members. The time for such election shall be set by the board or such other day as may be designated by the city commission. The votes shall be counted on the following work day after the election. The candidate receiving the greatest number of votes shall be declared elected.

(b)

At the first regular meeting after a new appointment or reappointment, the board shall elect one of its members as chairman, then elect another one of its members to serve as vice-chairman. The selection of the chairman and vice-chairman shall be by majority vote of the board members present.

(c)

All members of the civil service board appointed shall serve without recompense unless otherwise provided by the city commission. The employee members shall serve on the board without compensation other than their regular pay.

(Ord. No. 97-19, § 1(21-31), 11-18-1997; Ord. No. 2023-024, § 2, 11-15-2023)

(a)

Meetings of the civil service board are regularly scheduled for the second Wednesday of every month but can be canceled by the civil service board chairperson, if there are no items requiring the board's attention. Additional meetings can also be scheduled as necessary.

(b)

All meetings of the board shall be open to the general public and shall be recorded, with minutes kept. Representatives of newspapers, radio stations and television stations shall be permitted to attend and to report to the public through their media all transactions of the board. When it is necessary to arrange for equipment for the transmitting of board meetings, such equipment shall be set up and tested prior to the time scheduled for the board to meet. No requests for broadcasting and/or televising board meetings will be granted once the board is in session, and the board has the right to limit the number of agencies permitted to broadcast and/or televise its proceedings.

(c)

In all questions coming before the board, a majority vote shall control. Any four members of the board shall constitute a quorum.

(d)

Whenever an individual or group has a matter which requires or might require the consideration or the decision of the board, that individual or group shall first meet with the human resources department, who shall make the necessary arrangements to bring the matter before the board.

(Ord. No. 97-19, § 1(21-3.1), 11-18-1997; Ord. No. 2007-03, § 1, 4-4-2007; Ord. No. 2012-27, § 1, 9-24-2012)

(a)

The civil service board shall adopt a set of rules, subject to approval by the city commission. The board shall have the power to employ stenographers, clerks and other assistance as may, by appropriation, be provided for by the city commission. It shall be the duty of the board to make an annual report of its activities of the calendar year to the city commission and make recommendations for the best interests of the service.

(b)

The civil service board shall recommend a code of rules and regulations. This code shall cover the regulations for the conduct and direction of all employees, except those excluded by this code, and shall prescribe their duties, hours of work, discipline, and control. The code shall contain rules and regulations for the appointment, employment and discharge of persons in all positions in the municipality, based on merit, efficiency, character and industry. The code shall have the force and effect of a law on employees of the municipality. The board shall make investigations concerning the enforcement and effect of this article on its adopted code. It shall make an annual report to the city commission.

(c)

The board shall have the right as necessary to make such rules as it sees fit governing physical and mental examinations for all employees in the classified service, subject to all legal requirements.

(d)

The board shall periodically review the procedures used for conducting the examinations and may adopt such measures as it deems necessary, expedient or otherwise in the best interest of the city with regard to testing procedures. The human resources department shall comply with all such measures adopted by the board.

(e)

Whenever in its judgment the interest of the public requires it, the board shall have the power to order a reexamination of applicants. It may also correct, amend or revoke any schedule, eligible register, or other paper or record when an error has been made or an injustice done.

(f)

Whenever the board has reason to believe that the rules and regulations have been violated by the abuse of power in recommending or making an appointment to any position, or in a layoff, demotion, suspension or removal without justification, it shall be the duty of the human resources department to investigate. If in the investigation the human resources department shall find that the violations were contrary to the intent and spirit of this article, it shall make a report to the city manager and the board.

(g)

The board shall have the power to subpoena and require the attendance of witnesses and the production of pertinent documents, and to administer oaths.

(Ord. No. 97-19, § 1(21-3.2), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

The civil service board shall have the initiative in any proceedings and may, by a majority vote, call before it any employee of any department for investigation, and if it finds sufficient grounds to do so may direct the human resources department to prefer charges against the employee, in which event the human resources department may be substituted for the department head in such charges and hearing.

(Ord. No. 97-19, § 1(21-3.3), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

A discharged, suspended or demoted employee may appeal to the civil service board for a hearing in writing within 15 calendar days from the effective date of the suspension, demotion or discharge. The board shall hear the appeal within 30 days after the date that such appeal shall have been so filed with the board. Written notice shall be given by the human resources department to the person so removed, the city manager, and to the head of the proper department, of the time and place of hearing the appeal, which hearing shall be open to the public.

(Ord. No. 97-19, § 1(21-32), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

(a)

The civil service board shall hear the evidence upon the charges and specifications as filed with it by the department head. No material amendment of or addition to such charges or specifications will be considered by the board. The proceedings shall be as informal as is compatible with justice. The order of proof shall be as follows:

(1)

The department head shall present his evidence in support of the charges.

(2)

The appellant shall then produce such evidence as he may wish to offer in his defense.

(3)

The parties in interest may then offer rebuttal evidence.

(4)

The board shall hear arguments.

The admission of the evidence shall be governed by the rules applied by the court in civil cases. The department head may be represented by other counsel. The appellant may also be represented by counsel; and the board shall, after due consideration, render its judgment affirming, disaffirming or modifying the action of the department head. The board, recognizing the disciplinary authority of the department head, and ready at all times to improve the relationship between employer and employee, shall make its recommendations in writing to the city manager for his consideration. The city manager shall then enter an order affirming, reversing or modifying the disciplinary action of the department head.

(b)

Whenever the dismissal or suspension of an employee is disapproved by the board and a reinstatement ordered, the employee involved may, as determined by the board, receive the pay he lost because of such suspension.

(Ord. No. 97-19, § 1(21-32.1), 11-18-1997)

Any willful false swearing on the part of any witness or person giving evidence before the civil service board mentioned in this division as to any material fact in such proceedings shall be deemed perjury, and shall be punished in the manner prescribed by law for such offense.

(Ord. No. 97-19, § 1(21-32.2), 11-18-1997)

If the employee whose appeal is to be heard as set out in this division shall fail to appear for no good reason at the time fixed for the hearing, the civil service board shall hear evidence and render judgment thereon. If the head of the proper department shall fail to appear at the time fixed for the hearing, and if no evidence is offered in support of his charges, the board may render judgment as by default or may hear evidence as offered by the removed employee, and render judgment; and the board shall forthwith notify the department head and the removed employee of its judgment.

(Ord. No. 97-19, § 1(21-32.3), 11-18-1997)

The acceptance by a department head of the resignation of an employee suspended, demoted or discharged, before final action on the part of the civil service board, shall be considered a withdrawal of the charges; and the separation of the employee concerned shall be recorded as a resignation, and the proceedings shall be dismissed without judgment. A copy of the charges shall remain in the personnel file of the employee, and a notation shall be made on the copy of the charges to the effect that charges were withdrawn pursuant to this section.

(Ord. No. 97-19, § 1(21-32.4), 11-18-1997)

(a)

The human resources department, subject to the approval of the civil service board, shall provide examinations and maintain lists of eligibles to appointment as an employee of the municipality. The human resources department shall divide the lists into grades and shall certify a list of the eligibles of each position. The lists may be certified to the heads of departments at such time as may be determined by the human resources department and shall be available for examination by any member of the department, at any time. Appointments shall be made to fill vacancies only from this list of eligibles.

(b)

Whenever a department shall request certification from the human resources department for appointment to or employment in any position in the competitive class, the department shall request the title and duties for such position, so that certification may be made from the proper eligible register; or, when necessary, a proper eligible register may be prepared as the result of an open competitive examination held for that purpose. Upon receipt of a requisition for certification to fill a vacancy, in the absence of a reemployment list, the human resources department shall certify the names and addresses of the first five eligible on the original appointment list for the class. When more than one vacancy is to be filled, the human resources department shall certify a number of names equal to the number of vacancies to be filled and four more additional names; however, a fewer number may be certified when there is not the required number on the original appointment list. For an appointment to an entry level firefighter position, an entry level police officer position and an entry level community service aide position, the names of eligibles who meet any of the following conditions also shall be certified by the human resources department, provided they have obtained the minimum passing score on the entrance examination and meet the minimum qualification requirements for their respective position:

(1)

He/she has participated and completed a community mentorship/scholarship program sponsored by the city;

(2)

He/she has volunteered in one of the programs sponsored by the city for at least one year and has performed at least 120 hours of volunteer services in such program(s);

(3)

He/she is a city employee; and/or

(4)

He/she is eligible for veterans' preference under F.S. ch. 295.

The names of the individuals who meet any of the aforementioned conditions shall be certified by the human resources department in addition to the names of the first five eligibles (or when more than one vacancy is to be filled, in addition to the number of names equal to the number of vacancies to be filled and four additional names) for their respective position.

Eligibles not selected shall be returned to the register in accordance with their relative grades. Such eligibles shall be recertified in groups of five eligibles, with eligibles for an entry level firefighter position, an entry level police officer position and an entry level community service aide position who meet any of the conditions listed in subsection 21-91(b)(1)—(4) being recertified in their respective position, in addition to the five names certified in accordance with their relative grades for each position.

(Ord. No. 97-19, § 1(21-5), 11-18-1997; Ord. No. 2011-06, § 3, 4-20-2011; Ord. No. 2012-27, § 1, 9-24-2012)

(a)

In the absence of an eligible register and whenever there are urgent reasons for filling a vacancy in any position in the competitive class, the human resources department may nominate a person for temporary appointment. A temporary appointment may be made for a specific period of not more than 180 days, or to replace an employee on leave of absence. The appointee may hold the position until a competitive examination shall establish an eligible register.

(b)

All employees holding permanent status in any classification in the classified service may receive the temporary appointment by the city manager. The selected employee shall receive additional remuneration for their added duties and responsibilities in an amount the city manager may determine to be appropriate. Such employee shall be returned to the rank from which he has been appointed upon personal request of the employee or when the assigned employment terminates. Seniority credits in the permanent civil service classification held by such employee shall accrue to the employee while assigned to such temporary employment. Such assigned employment shall not bar employees from qualifying for promotional examination to the classification next higher to their permanent civil service classification.

(Ord. No. 97-19, § 1(21-6), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

(a)

The human resources department may provide an appropriate form of application for unskilled labor service. If the application is not in the handwriting of the applicant, it shall state by whom written, giving the full name and address of that person. The human resources department, as it may deem advisable, may require oral, practical, medical and physical tests, and may adopt methods to verify the statements in the application. The names of those who have met the requirements shall be placed on the proper eligible register.

(b)

A labor register shall be established by the human resources department; and the order of the names on the register shall be based on experience, work history and the date and time the applications are filed. A copy of the labor register shall be furnished to the department director requiring this class of help; and the director shall employ only the laborers named on the register, making the selection as nearly as possible based on their standing on the register. The department director shall notify the human resources department in writing of his selections. If any laborer on the register is not given employment when his turn comes, the department director shall notify the human resources department in writing of the reason for such omission. Any person not selected but still in good standing shall remain on the labor register.

(c)

In the absence of an eligible register of laborers, the department director requiring the help may make a selection from any laborers referred by the human resources department.

(Ord. No. 97-19, § 1(21-7), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

In certain instances, there may be a vacancy in a position where peculiar and exceptional qualifications of a scientific, managerial, professional or educational character are required. Upon satisfactory evidence that for specified reasons competition in such special case is impracticable and that the position can best be filled by a selection of some designated person of high qualities, the human resources department, with the written assent of the affected department head, may suspend the provisions of this division requiring competition in such position; and all such cases of suspension of the examination shall be recorded by the human resources department with the reasons for the suspension and shall be open to the public. At the time of the appointment, the rank of the appointee shall be fixed by the human resources department.

(Ord. No. 97-19, § 1(21-8), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

Positions in the noncompetitive class may be filled by the city manager. Applicants for appointments must file the regular application form, together with proof of education, training, experience, ability and character. If the human resources department has determined to its satisfaction that the position falls in a noncompetitive class and the applicants under consideration are properly qualified for employment, it shall so advise the city manager and the appointment may be made.

(Ord. No. 97-19, § 1(21-9), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

(a)

The term "probationary employee" means those employees initially employed by the city in a classified position, or an employee who is in the classified service but who has been promoted to a higher classified position and who has not completed the probationary period provided in this section.

(b)

No appointment or promotion, excepting the classification of police officer, police sergeant, and firefighter/paramedic, shall be deemed completed until a period of probation of nine months of actual service shall have elapsed from the date of such appointment or promotion.

(c)

No appointment or promotion in the classification of police officer and police sergeant shall be deemed complete until a probation of 18 months of actual service shall have elapsed from the date of completion of the 14-week field training program.

(d)

No probationary period shall be extended beyond the time limits set forth in this division, except as otherwise specifically provided in this division.

(Ord. No. 97-19, § 1(21-10), 11-18-1997; Ord. No. 2023-013, § 2, 8-23-2023)

(a)

Notice of all competitive entrance or original examinations to be held shall be made not less than 15 days prior to the examinations, by advertisement in a newspaper of general circulation in the city and by posting the announcement in the human resources department in the municipal complex. This requirement may be waived in the case of a special examination for a position difficult to fill and for which the qualified applicants cannot conveniently be assembled to take the examination.

(b)

The announcement shall include the date of the examination, the final date for filing applications, and the minimum qualifications for applicants.

(Ord. No. 97-19, § 1(21-11), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

(a)

All entrance examinations shall be competitive and open to all persons who possess the minimum qualification requirements as established by the human resources department. All fitness tests as part of an entrance examination shall be practical in character, relate directly to matters which will fairly determine the relative capacity of the person examined to discharge the particular duties of the class of position to which appointment is sought, and, when appropriate, include tests of physical qualifications, health and manual skill.

(b)

The fitness tests held to establish a list of eligibles for any class shall consist of one or more of the following parts:

(1)

Written test. This part, when required, shall include a written demonstration designed to show familiarity of competitors with the knowledge involved in the classes of positions to which they seek appointment, their ability in the use of English, the range of their general information, or their general educational attainments. A formal thesis upon one or more subjects may be required, if advisable.

(2)

Oral test. This part, when required, shall include tests for ability to understand oral directions and ability to effectively carry out verbal orders. An oral test may also be used where a written test is unnecessary or impracticable.

(3)

Oral interview. This part, when required, shall include a personal interview with competitors for classes of positions where ability to deal with others, to meet the public, or other personal qualifications are to be determined.

(4)

Performance test. This part, when required, shall include such tests of performance or trade as will determine the ability and manual skill of competitors to perform the work involved.

(5)

Physical test. This part, when required, shall consist of a test which is specifically job-related and consistent with business necessity. Nothing contained in such test shall be used to defeat the purpose and intent of the Americans With Disabilities Act, as amended.

(6)

Mental test. This part, when required, shall include any test to determine mental alertness, the general capacity of applicants to adjust their thinking to new problems and conditions of life, or to ascertain their special character traits and aptitudes.

(7)

Training and experience. This part, when required, shall be marked from the statements of education and experience contained in the application form or from such supplementary data as may be required. The board, or human resources department, may, at its discretion, investigate the truth of an applicant's statements as to training and experience and govern the rating accordingly.

(8)

Medical examination. This part is required in all cases, to determine that the applicant is physically capable of performing efficiently the duties of the position and is free from such defects or diseases that would constitute employment hazards to themselves or endanger the safety or welfare of fellow employees or others.

(c)

Upon request of the board, it shall be the duty of the director of personnel to furnish a specific and comprehensive statement, in writing, showing requirements of the position; and this statement may be the basis of the examination under consideration.

(Ord. No. 97-19, § 1(21-12), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

(a)

The human resources department or its appointees shall supervise all examinations held under the civil service rules in order to ascertain the fitness and merit of the candidates with respect to their ability, character and industry for the position they are seeking and, after determining the relative excellence or standing of the examinees, shall certify them as provided in the civil service rules.

(b)

The human resources department shall prescribe a procedure to be used in all examinations which shall preclude the identification of any examination paper with the name of any examinee until after the examination papers have been graded.

(c)

In examinations composed of several tests which are graded independently, weights shall be assigned by the human resources department to each test representing its relative value in ascertaining the fitness of the applicant. The applicant's grade in a test shall be multiplied by the weight assigned to that test, and the sum of the resulting products shall be used in determining the final grade. The final grade shall determine the order in which the name of the applicant shall appear on the eligible list, except where additional credit is allowed veterans as provided by law in state statutes.

(d)

Passing grades for each examination shall be established by the human resources department in advance of the examination. The names of applicants receiving passing grades shall be posted in the departments concerned, and entered on the appropriate eligible register. The grade of any applicant failing to qualify shall not be made public. The human resources department will determine the minimum grade for any test or part of an examination. A candidate who does not attain this minimum grade shall be considered to have failed in the examination and shall not be examined on any other parts, if any are planned. Veteran's preference shall be awarded in accordance with F.S. ch. 295.

(e)

After the adoption and filing of the report of a competitive examination, the human resources department will inform every candidate, by mail, as to their grade. The candidate receiving the notice may inspect the results of the examination in the presence of an employee of the human resources department, either in person or through an authorized agent. Under no conditions will the questions and answers be subject to review by anyone other than designated members of the human resources department. This rule is mandatory in order to comply with the requirements of test material publishers and test exchange.

(f)

If the examinee believes their grading was unjust, they may, within 15 working days after the notice of their rating was mailed to them, appeal to the human resources department, specifying in detail the reasons for their complaint. If after due consideration the human resources department agrees that the complaint is justified, it will direct correction of the marking or grading of the examination papers. All appeals must be in writing.

(g)

Other than the applicant or their duly authorized agent, no one shall be given permission to review the results of an examination without the authority of the human resources department.

(Ord. No. 97-19, § 1(21-13), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

The human resources department, after determining that there is an immediate urgent need for employment, and with the approval of the city manager, may authorize the holding of an emergency competitive examination. Notice of all emergency competitive entrance examinations shall be made not less than four days prior to the examinations by advertisement in a newspaper of general circulation in the city and by posting the announcement in the human resources department in the municipal complex.

(Ord. No. 97-19, § 1(21-14), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

Any examination may be postponed or canceled at the discretion of the human resources department or board. In either case, each applicant shall be notified; and this action, together with the cause, shall be reported to the board for entry in the minutes at their next regular meeting.

(Ord. No. 97-19, § 1(21-15), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

(a)

The board may refuse to examine, or after examination may decline to certify as eligible for employment, any applicant for the following reasons:

(1)

If the applicant, within the six months prior to the date of the examination, failed to attain a passing grade in an examination for the same or a like position.

(2)

If the applicant is missing any of the established preliminary requirements for the examination or the position applied for.

(3)

If the applicant does not meet the physical requirements of the position sought, provided that such requirements are specifically related to the position and are consistent with business necessity. Nothing contained in this subsection shall be utilized to defeat the purpose and intent of the Americans With Disabilities Act, as amended.

(4)

If the applicant is addicted to drugs or intoxicating beverages.

(5)

If the applicant has been convicted of an offense or crime involving moral turpitude or of dishonorable conduct.

(6)

If the applicant is considered by the board to be, for good and reasonable cause, unfit for employment with the city.

(7)

If the applicant has been dismissed from previous employment with the city for flagrant delinquency or misconduct, or resigned after charges have been brought in accordance with the City's Charter, or has been or may be subsequently dismissed upon such charge.

(8)

If the applicant has made a false statement with regard to any material fact in his application.

(9)

If the applicant fails to report promptly after receiving notification of the time and place of an examination.

(b)

Upon rejection of an application, the applicant may be given the opportunity to show cause why the application should not be rejected.

(Ord. No. 97-19, § 1(21-16), 11-18-1997)

(a)

From the results of each examination, the human resources department shall prepare and keep open for public inspection an eligible register for the persons who have obtained the minimum passing grade, and who are otherwise qualified for appointment. Eligible applicants shall be notified of their rating and shall take rank on the eligible register in the order of their relative grades, beginning with the highest rating (subject to the veterans' preference rules being complied with).

(b)

Whenever it becomes necessary to hold another similar examination in order to obtain additional eligibles, the civil service board shall establish a new register by consolidating the existing register and by rearranging the names on the register according to their grades. All persons whose names appear on an existing register which is to be merged with a new register shall have an opportunity to compete in the second examination. Should such persons elect to refuse reexamination, their names shall remain on the new register for a period of one year from the date the original register was approved by the board. Should they elect to be reexamined, the grade earned on the latter examination shall be their official grade without regard to their previous grade and will remain on the new register for a period of one year from the date the new scores are approved by the board.

(c)

The term of eligibility of each register shall be one year. The term of the eligibility register may be extended for an additional one-year period upon request of the human resources department and approval of the board.

(d)

The name of any person appearing on an eligible register may be removed for the following reasons:

(1)

By appointment to the position for which the register is established.

(2)

By written request.

(3)

By failure to report or arrange for an interview with the appointing authority within three working days after the time of notification of certification.

(4)

By failure to respond to a notice from the human resources department.

(5)

By declining an appointment without satisfactory explanation to the human resources department.

(6)

By failure to be selected as provided for in this article.

(7)

By becoming incapacitated or unfit for appointment.

(e)

If after creating an eligible register the human resources department has reason to believe a person enrolled has become disqualified for appointment because of a disability developed since the examination was held, or because of errors discovered in computing the examination grade, or because of a false statement made in the original application, or for other valid reasons, the person shall be notified and given the opportunity to be heard. If the person shall fail to appear at the hearing when set by the board, the name of the person shall be removed from the eligible register.

(f)

Every person on the eligible register shall file with the human resources department written notice of any change of address. Failure to do so may justify removal of their name from the eligible register.

(g)

When an eligible certified for appointment shall fail to accept the offer made by mail or otherwise within four working days after receipt of the notice of appointment, he shall be deemed to have declined the appointment and his name shall be removed from the eligible register. If, however, it shall be made to appear to the satisfaction of the board, within 30 days after giving such notice, that the person was unavoidably and without fault on their part prevented from accepting the appointment, the name may be restored to its proper position on the eligible register. When an eligible certified for permanent employment refuses twice to accept a position, his name shall be removed from the eligible register.

(h)

No person whose name is on the eligible register may waive his right to certification or appointment without being removed from the register except for the following reason, stated in writing to the board: temporary inability, physical or otherwise, to accept the position offered. The proof of this temporary inability must be acceptable to the board. The board shall then enter upon its minutes the reason for its action in each case described in this subsection, and the waiver shall not continue in effect for a longer period than 30 days from the date of certification without a special vote of the board. The appointing department shall forward to the board, with the notice of appointment, copies of all correspondence to and from the person declining the appointment pursuant to this subsection.

(i)

An eligible register may be revoked and another examination ordered when the board shall deem it advisable either because of errors discovered, fraud committed, or inappropriate standards prescribed for any examination. All persons named on the revoked register shall be given the opportunity to take the next examination for establishing a new register. No existing eligible register shall be altered or revoked except by action of the board.

(Ord. No. 97-19, § 1(21-17), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Employee means every person engaged in any employment with the city under any appointment or contract of hire, express or implied, oral or written, for remuneration, including without limitation all full-time, part-time, seasonal, permanent and temporary employees.

Public official or employee means any officer or employee of the city, specifically excluding members of noncompensated advisory boards of the city.

Relative means an individual who is related to the public official or employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister.

(b)

Restricted. After August 20, 1974, no relative of a public official or employee shall be employed by the city except in accordance with the terms of this section.

(c)

Exemption. All persons employed by the city on August 20, 1974, who then had existing relationships that would otherwise prohibit their employment by the city shall not be affected by the prohibition on employment contained in this section.

(d)

Restrictions and conditions. All persons who are protected by the exemption contained in subsection (c) of this section shall nevertheless be subject to the following restrictions and conditions on their continued employment:

(1)

If any of the relatives were then or are presently employed in the same department or division, the relative should be transferred to a different department or division, if practical, in the discretion of the city manager.

(2)

If any of the relatives were not then or are not presently in the same department or division, no such transfer to within the same department or division shall take place.

(3)

If any of the persons so related are subject to promotion or advancement or a raise in pay or status other than cost-of-living increases before the promotion, advancement or raise shall be effective, the city manager shall make a special evaluation of the proposed change and report by written memorandum to the city commission on the change; and all relatives of the person subject to such change shall execute a written affidavit, under oath, swearing that they did not attempt to influence the change by any means whatsoever; and the affidavits shall remain in the permanent personnel file of the subject employee.

(e)

Change of status. If two public officials or employees change their family relationships by marriage, adoption or other means, so as to come in conflict with the employment prohibitions of this section, they shall come within subsection (d) of this section.

(f)

Variance authorized. A variance to the requirements of this section may be authorized by the following procedure:

(1)

If the city manager determines that an existing vacancy cannot be filled with qualified personnel by normal recruitment efforts, the personnel director or appropriate official wherein exists the vacancy shall notify the city manager in writing, detailing what efforts have been made to fill the vacancy and requesting a waiver.

(2)

It shall be the duty and responsibility of the city manager, upon receipt of written notification and after administrative review, to make a finding that literal application of the terms of this section shall work an unreasonable hardship upon the practical governmental functions of the city.

(Ord. No. 97-19, § 1(21-18), 11-18-1997)

(a)

A seniority list shall be certified of all employees, and each member and employee shall in writing assent or dissent to his seniority rating. If a member dissents, a hearing shall be held by the board and the seniority determined; and the finding of the board shall be final.

(b)

In the event of a reduction in the number of members in any grade, the members shall be retained in that grade according to seniority; and those members thus being forced back to a lower grade or class will thereafter receive the pay of the lower grade or class, and if the grade or class is again increased, shall be first to succeed to the old grade or class according to seniority, without further examination or probationary period.

(Ord. No. 97-19, § 1(21-19), 11-18-1997)

(a)

Members of a department shall be moved from any grade to a higher grade only after passing an examination prescribed by the human resources department, and a certificate as to their efficiency and fitness, with the necessary qualifications prescribed by the human resources department, and the entry of their names on the eligible list for the grade.

(b)

Vacancies in higher positions in the classified service shall be filled by promotion or advancement of employees, qualified by examination, from the lower classifications of the same group. Whenever the human resources department may determine that no employees from the lower classification in the same group are qualified to take a promotional examination or if no person passes the examination to fill a promotional position, then, in either case, such higher position shall be filled as an entrance position, under the provisions of this article.

(c)

In the event of a position's being reaudited at the request of the director of a department, where the reaudit shows the duties and responsibilities of the position to be higher than the present classification, the employee shall be advanced to the new classification and pay range with the approval of the city manager and provided the following conditions are found by the human resources department:

(1)

The employee has developed the position into a higher classification because of his initiative and ability to assume more important and complex duties and responsibilities.

(2)

The employee has been in the position for at least one year and holds permanent status in the classification allotted to the position.

(d)

An emergency, interim or temporary appointment from a lower to a higher position made necessary by reason of illness, disability or other cause for absence of the regular employee may be authorized without examination by the human resources department upon written request, with full information from the department director. Such promotions will terminate with the return of the regular employee, and all circumstances shall be recorded by the human resources department. No seniority rights in the higher position shall accrue to the temporarily promoted employee.

(Ord. No. 97-19, § 1(21-20), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

(a)

The term "promotional examination" signifies fitness tests to determine the relative standing of current employee applicants for positions in a specified class. A promotional examination may include employees in specified classes in all departments, or only in the department for which the eligible register is being established, as determined by the human resources department.

(b)

Promotional examinations shall be competitive and open only to permanent employees legally appointed in the classified service as established by the city commission and administered by the civil service board and who meet the minimum experience qualifications as determined by the human resources department. The only exception to this subsection is that employees will not be eligible to participate in a promotional examination who have, within the six months' period immediately preceding the date of the examination, failed to obtain a passing grade in an examination for the same or a like position. This exception may be waived by the board upon application of a department director in those instances in which all eligible candidates have failed an examination.

(c)

Examinations for promotions shall be conducted as often as is necessary. Notices shall be posted in the human resources department in the municipal complex and sent to all department heads in a sufficient amount of time prior to the date of the examination.

(d)

Each eligible applicant who cares to compete for promotion must fill out the prescribed application or promotion form and present it to the human resources department on or before the closing date specified in the official announcement of the examination. The applicant must be able to read and write and must fill out his own application form unless the human resources department decides that such abilities are not necessary to properly perform the duties of the higher position.

(e)

All promotional examinations shall be practical in character and shall relate directly to matters which will fairly test the relative capacity of the person examined to discharge the particular duties of the class of position to which promotion is desired. The promotional examination shall consist of one or more of the following parts as defined in this article: mental test, written test, performance test, oral interview, physical test, and medical examination.

(Ord. No. 97-19, § 1(21-21), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

(a)

Any employee of the city who holds permanent civil service status and is appointed or assigned as director of a department, or to any other position not under civil service, shall be returned to the rank from which the employee has been promoted under personal request of the employee or when the noncivil service employment ceases, or when the employee is removed from the noncivil service employment. Seniority credits in the permanent civil service classification held by such employee shall accrue to the employee while assigned to such noncivil service employment. A probationary employee who has been appointed to a position not under civil service may accrue civil service credits with the approval of the civil service board. Application for such rights must be requested by the probationary employee and approved by the head of such employee's department in which he held his classified position. Such noncivil service employment shall not bar employees, holding permanent civil service status, from qualifying for promotional examination to the classification next higher to their permanent civil service classification.

(b)

Any employee of the city who holds permanent civil service status and is appointed or assigned to any other position not under civil service may be removed from such position by the city manager and may be terminated for sufficient cause, pursuant to the procedures under this article.

(Ord. No. 97-19, § 1(21-22), 11-18-1997)

(a)

The director of a department, with the approval of the city manager, may grant leaves of absence without pay for the following causes and not otherwise:

(1)

If the employee has a temporary physical disability; however, no such leave shall be given for a period to exceed 90 days unless the disability was caused by an injury without negligence on the part of the employee, received in the performance of duty, in which latter case the period of leave may be extended with the approval of the city manager.

(2)

If the employee requests the leave for the purpose of entering a course of training or study or to engage in an investigation calculated to improve the quality of the employee's service; but no leave shall be granted for a period to exceed six months, with the right to extend for another six months if approved by the city manager and the department head. Where a leave of absence is given for more than 90 days, the position shall be filled, if necessary, by a temporary appointment from the eligible register.

(3)

If the employee requests the leave for an injury on the job or military service. In the case of an employee recovering from an injury, a longer leave of absence than six months may be granted, provided the physician designated by the city manager shall examine and certify that the employee's leave should be extended for a longer period, and provided further that a similar certificate of necessity shall be filed every three months thereafter as long as the employee continues to be absent.

(4)

If the employee has a good reason other than mentioned in this section which shall be sufficient to warrant granting the leave; however, the leave shall not exceed 90 days, and the employee shall understand that the acceptance of another position or engaging in other employment while on leave of absence shall be deemed a resignation from the service of the city. Any vacancy for such cause shall be filled by a temporary employee for a duration of not more than 90 days. Leave of absence during the required probationary period of service of an employee shall extend the probationary period the length of time used during the leave of absence.

(b)

In no case shall a leave of absence be given within 90 days of the employee's appointment, neither shall a leave of absence be granted within six months after the return of the employee from a leave of 15 days or more, except in the case of a physical disability. At the expiration of a leave of absence, the employee shall be returned to the position vacated when the leave of absence was granted.

(c)

Whenever a leave of absence without pay is granted, it shall be promptly reported in writing to the human resources department.

(Ord. No. 97-19, § 1(21-24), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

(a)

The city manager shall have the power to separate any employee from the classified service whenever such action is made necessary by reason of shortage of funds, an insufficient appropriation to meet the salary requirements necessary to maintain existing personnel, the abolition of one or more positions, or because of organizational changes.

(b)

Whenever the layoff of one or more employees shall become necessary, the city manager's office shall notify the director of personnel in advance of the intended action and the reason for such action. The director of personnel shall thereafter furnish to the city manager the names of the employees to be laid off in the order in which such layoffs shall be effected.

(c)

Employees shall be laid off in the following order: seasonal employees, temporary employees, part-time employees, substitute employees, probationary employees, and regular employees. In the event of a further reduction in forces, regular employees will be laid off from the classification in which there is a surplus of employees in accordance with their seniority. If a tie exists, it shall be decided in favor of the employee who filed the first work application with the city.

(d)

If an employee who is to be laid off has progressed in continuous and uninterrupted service through, and holds permanent classification in, each of several job classifications, in the same job group, he shall hold job seniority in any of the several job classifications as follows:

(1)

In the highest job classification, only seniority actually accrued in that classification shall apply.

(2)

In any lower job classification, all seniority accrued in the lower classification, together with all seniority accrued in several higher classifications, shall comprise the total seniority in the lower job classification.

(e)

No employee shall have any right or title in a job classification in which he has never held a permanent appointment.

(Ord. No. 97-19, § 1(21-25), 11-18-1997)

(a)

When a position is abolished, or if necessary is merged with another position of a different classification, the person who held the position shall replace that employee whose position on the layoff register is lowest in an identical classification. Should the person elect to waive this privilege, he shall be transferred by the human resources department to the head of the eligible register of the classification held prior to his removal for a period not to exceed one year, within which time the person may be certified for employment.

(b)

Should it be found advisable to revive or recreate a formerly abolished position within one year from the date of the abolishment, the last incumbent of the original position shall be entitled to the new position provided he was a permanent employee at the date of his separation and provided he is otherwise eligible.

(c)

The names of persons who held permanent positions in the classified service which have been abolished or have become unnecessary shall be placed on an appropriate layoff register in the order of their seniority, the most senior being first, if otherwise qualified. Such employee shall be reemployed with the seniority as of the date of his involuntary separation.

(d)

If a reduction in force or any grade causes a member of the lowest grade of the force to go into inactive duty, the member on inactive duty shall not receive any pay; but the inactive member shall not lose his seniority, provided he remains inactive for a period not exceeding one year, and reenters on active duty within ten days after notice has been given him by the human resources department that a position is open.

(Ord. No. 97-19, § 1(21-26), 11-18-1997; Ord. No. 2012-27, § 1, 9-24-2012)

Where practicable, department heads shall employ progressive discipline for correctable conduct or violations that are performance related as opposed to negligent, willful, malicious or criminal conduct. Serious breach of duty or conduct may be subject to immediate dismissal or suspension where the best interests of the city or the public interest requires.

(Ord. No. 97-19, § 1(21-28), 11-18-1997)

The following are declared to constitute a breach of duty and to be grounds for dismissal, suspension from the classified services or grounds for demotion, though charges may be based upon causes other than those enumerated:

(1)

Incompetency, negligence or inefficiency in the performance of assigned duties.

(2)

Incapacity for the proper performance of duties because of a permanent or chronic physical or mental ailment or defect that cannot be accommodated by the city without placing an undue hardship on the conduct of business.

(3)

Productivity or workmanship not up to required standards or performance.

(4)

Failure to carry out assigned work or supervisory responsibilities adequately, directly or promptly.

(5)

Refusal to perform reasonable work assignments or to cooperate with supervisors or management in the performance of duties.

(6)

Hindering the regular operation of the department or division due to excessive absenteeism or tardiness or abuse of leave privileges.

(7)

Failure to report for duty after a leave of absence has expired.

(8)

Abandonment of position.

(9)

Making a false claim for leave.

(10)

Unauthorized absence from work for a period of three consecutive workdays.

(11)

Making false claims or misrepresentations in an attempt to obtain sickness or accident benefits or workers' compensation.

(12)

Rude, antagonistic or offensive conduct towards the public, supervisors or fellow employees, including abusive language.

(13)

Conduct unbecoming an employee of the city, whether on or off duty, providing all allegations shall be specific and shall describe the conduct which is the basis of the charge.

(14)

Quitting work, wasting time, loitering or leaving assigned work area during working hours without permission.

(15)

Engaging in horseplay, scuffling, malicious mischief, distracting the attention of others, or similar types of disorderly conduct.

(16)

The commission of any action which reflects, may reflect, or tends to reflect discredit upon the city, its officials and/or employees.

(17)

An act of insubordination, by commission or omission, toward a superior or any elected official of the city.

(18)

Making derogatory racial, ethnic, or sexist remarks and sexual harassment in the presence of the public or other employees while on duty.

(19)

Antagonistic attitudes or language toward supervisors or fellow employees.

(20)

Criticizing orders or rules issued and policies adopted outside of the context of a formal grievance procedure.

(21)

Fighting or threatening to fight with a member of the public or another employee unless the employee is a police officer and the fighting is fully within the course and scope of job duties.

(22)

Commission of a felony or a misdemeanor or a misdemeanor of the first degree as defined by state law or any violation involving moral turpitude while either on or off the job.

(23)

Theft or misuse of equipment, material, property or money of the city, the public or of other employees.

(24)

Careless or negligent use of city property.

(25)

Unauthorized release of confidential information.

(26)

Gambling or engaging in any games of chance during working hours or on city property at any time.

(27)

Reporting for duty or being on duty under the influence of alcohol, illegal drugs or controlled substances; being in possession of alcohol, illegal drugs or controlled substances or the sale and/or their use during working hours and/or on city property.

(28)

Violating a safety rule or safety practice.

(29)

Being subject to an excessive number of accidents resulting in personal injury or injury to others or damage to property or equipment.

(30)

Operation of a city-owned or -utilized vehicle in wanton disregard for the safety of or injury to others.

(31)

Falsification of official documents or city records.

(32)

Intentionally falsifying application for employment or medical information which would have otherwise caused employment disqualification.

(33)

Possession of unauthorized weapons or firearms during working hours and in the course of the employee's official duties.

(34)

The use, threat to use or the attempt to use political influence in securing a promotion, leave of absence, transfer, change of classification, pay, nature of work or other preferential treatment.

(35)

Participation in strikes, work stoppages, slowdowns, boycotts, or job actions by refusing to perform assigned work.

(36)

Soliciting or accepting any gift or bribe in the course of work or in connection with work.

(37)

Attempting to induce any officer or employee of the city to commit an act in violation of this article.

(38)

Loss of driver's license and driving privilege by due process of law where duties of the employee's position require the operation of a motor vehicle.

(39)

Violation or disobedience of any regulation, order or directive.

(40)

Willful or repeated violation of any of the provisions of the Charter, Code, or this article.

(41)

Engaging in any other actions which are determined by the city manager to be sufficient cause for disciplinary action.

(Ord. No. 97-19, § 1(21-28.1), 11-18-1997; Ord. No. 2011-12, § 3, 11-2-2011)

(a)

Any department head, with the prior consent of the city manager, may suspend a permanent employee without pay for a reasonable period not to exceed 30 days, for purposes of discipline; however, the employee shall not be required to work more than five days of any suspension without pay.

(b)

A department head, subject to approval of the city manager, may demote or reduce in rank, grade, step or assignment an employee who violates the provisions of this Code, or any lawful rule, regulation, policy or order. Such demotion shall be accompanied by the appropriate reduction in pay grade consistent with the position assigned.

(c)

In all cases of suspension or demotion, the department head shall furnish such employee with a copy of a notice specifying his reasons for the action and give such employee a reasonable time in which to make and file an explanation.

(Ord. No. 97-19, § 1(21-28.2), 11-18-1997)

(a)

The discharge of a permanent employee other than at the end of a probationary period shall not become effective until the department head shall have first served upon such employee of the department a written notice of discharge which shall contain one or more reasons or grounds for discharge, together with such specifications of facts as will enable the employee to make an explanation and place him fairly upon his defense, giving such employee an opportunity to make an explanation, and file it with the civil service board, together with a copy of such notice of discharge and explanation, if any, made by the employee. A temporary or probationary employee who has no status in any other classification has no civil service rights. Consequently, such an employee may be discharged by the department director without appeal to the civil service board.

(b)

The probationary employee may be discharged or reduced in rank at any time prior to the expiration of the probationary period. The probationary employee must receive a letter of discharge or reduction in rank from the director of his department, approved by the city manager and the director of personnel.

(c)

No employee serving a probationary period in a position to which he has been promoted shall be discharged within the probationary period but shall only be reduced to the classification in which they have permanent civil service status. However, the employee may be discharged if the discharge is in compliance with this article and the civil service rules.

(d)

Probationary employees who have been discharged are restricted from taking further examinations except by special ruling of the board. Probationary employees who have been reduced in rank are restricted from taking another promotional examination for a one-year period of time.

(Ord. No. 97-19, § 1(21-28.3), 11-18-1997)

(a)

Any permanent employee who is dismissed for misconduct or delinquency, or who resigns while charges are pending, shall be disqualified from taking any civil service examination thereafter.

(b)

Any former employee who has resigned in good standing from the classified service will not be eligible for reinstatement. Such former employees, upon application for employment, will be processed in the same manner as any other applicant, including the filing of an application, the taking of an examination, and the selection from an eligible register in accordance with the civil service rules and regulations. No seniority credit will be given for service rendered prior to the date of resignation.

(Ord. No. 97-19, § 1(21-28.4), 11-18-1997)

Any employee who is disciplined, suspended or dismissed may request a name-clearing hearing before the city manager or his designee, by written request within ten days of the effective date of the action.

(Ord. No. 97-19, § 1(21-29), 11-18-1997)

Note— See the editor's note at Art. IV.

Any employee retiring from service to the city who has served for a period of 20 continuous years or more shall be granted at the time of his service retirement an additional 240 hours pay in addition to his regularly earned pay, vacation pay and other legal and contractual benefits.

(Ord. No. 97-19, § 2, 11-18-1997)

The city hereby adopts and establishes a general employees' pension plan for itself and for the benefit of all eligible city employees. Plan documents and related agreements are maintained on file in the city clerks office.

(Ord. No. 2004-22, § 1, 9-21-2004)

The city hereby adopts and establishes a pension plan, known as the Hallandale Beach Police and Fire Pension Plan, for the benefit of all eligible police and fire personnel. The city shall maintain the plan document, as incorporated in sections 21-328 through and including 21-343, on file in the city clerk's office.

(Ord. No. 2008-29, § 4, 11-19-2008; Ord. No. 2011-11, § 4, 11-2-2011; Ord. No. 2013-19, §§ 2—4, 11-20-2013; Ord. No. 2014-15, § 2, 5-21-2014; Ord. No. 2020-031, §§ 1—3, 12-2-2020; Ord. No. 2021-019, § 6, 10-6-2021)

The city manager, or his designee, shall be authorized to maintain the general employees' pension plan in accordance with federal, state and local law. If federal, state or local law affect the program, the city manager shall provide a written impact statement to each city commissioner. Any and all other changes to the plan must be approved by a majority of the city commission.

The city manager, or appointed designee, is hereby authorized to execute, on behalf of the mayor, all necessary agreements, trust documents, and any other documents required to administer its general employees' pension plan.

(Ord. No. 2004-22, § 1, 9-21-2004)

The city hereby adopts the established professional/management pension plan for itself and for the benefit of all eligible employees. Plan documents and related agreements are maintained on file in the city clerks office.

(Ord. No. 2004-23, § 1, 9-21-2004)

Employees that elected to remain in the 401(a) plan will continue that benefit for the duration of their employment.

(Ord. No. 2004-23, § 1, 9-21-2004)

The city manager, or his designee, shall be authorized to maintain the professional/management pension plan in accordance with federal, state and local law. If federal, state or local law affect the program, the city manager shall provide a written impact statement to each city commissioner. Any and all other changes to the plan must be approved by a majority of the city commission.

The city manager or appointed designee is hereby authorized to execute, on behalf of the mayor, all necessary agreements, trust documents, and any other documents required to administer its professional/management pension plan.

(Ord. No. 2004-23, § 1, 9-21-2004)

(a)

[Established.] A retirement plan is hereby established and placed under the exclusive administration and management of a board of trustees for the purpose of providing retirement benefits pursuant to the provisions of this division and for defraying the reasonable expenses of the retirement plan.

(b)

[Name.] The retirement plan established by this division shall be known as the City of Hallandale Beach Police Officers and Firefighters Personnel Retirement Trust.

(c)

[Effective date.] This retirement plan shall be effective on the date of adoption by the city.

(d)

[Applicability.] All police officers and firefighters, as defined herein, shall be members of the retirement plan as a condition of continued employment. The city may, at its option, provide for the exclusion of the police chief and fire chief from the retirement plan as permitted by state law.

(e)

Restoration of retired members. A member in receipt of a retirement benefit, except a disability retirement, shall have the right to again become a member of the system or to decline membership upon rejoining the city's workforce. The retirement member shall elect to accept or decline membership in the plan within 30 days of a return to work status. In the case of an employee in receipt of a service retirement benefit who elects continued membership in the system, the payment of retirement benefits shall be suspended during the period of reemployment. The employee shall again become a contributing member so the plan and shall earn credited service, up to the amount of any maximum accrual permitted by the plan, during the period of reemployment. At the conclusion of the term of reemployment, a new retirement calculation shall be made, taking into account any additional credited service and any change in the salary calculation. The total calculated benefits shall then be combined for a single retirement payment. In the case of an employee who declines further membership, the employee shall be permitted to continue to receive the retirement benefit while employed by the city; but, shall receive no credited service, no salary recalculation and no adjustment for enhanced benefits during the period of reemployment.

(Ord. No. 2021-019, § 7, 10-6-2021)

Unless a different meaning is plainly required by the context, the following words and phrases as used in this division shall have the following words and meanings:

Accumulated contributions shall mean the sum of all amounts deducted from a member's compensation or picked up on behalf of a member. Accumulated contributions shall also include buy-back amounts paid under sections 8.07 and 8.08 [of the plan].

Active membership shall mean membership in the retirement plan as an employee.

Actuarial equivalence shall mean that any benefit payable under the terms hereof in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the normal form of benefit. For purposes of establishing actuarial present value of any form of payment other than a lump sum distribution, all future payments shall be discounted for interest and mortality using eight percent interest and the 1983 Group Mortality Table for Males, with ages set ahead five years in the case of disability retirees. In the case of a lump sum distribution, the actuarial present value shall be determined on the basis of the same mortality rates as just described and the pension benefit guaranty corporation's interest rates for terminating single employer plans which are in effect on the first day of the plan year in which the distribution is to be made.

And shall have a conjunctive meaning.

Beneficiary shall mean any person receiving a retirement allowance or other benefit from this retirement plan.

Benefit shall mean a retirement allowance or other payment provided by the retirement plan.

Board or board of trustees shall mean the board of trustees of the retirement plan.

City shall mean the City of Hallandale Beach, Florida. To the extent certain firefighters elected to remain members of the plan after January 4, 2020 (the BSO merger date), the term "city" may refer to the Broward Sheriffs' Office as applicable in the instance.

COLA shall refer to cost of living adjustments.

Credited service shall mean membership credit upon which a member's eligibility to receive benefits under the retirement plan is based or upon which the amount of such benefits is to be determined.

Disability shall mean the permanent and total incapacity to perform regular and continuous duties as a police officer or firefighter for the city.

DROP shall refer to the city's deferred retirement option plan as adopted and incorporated in the City of Hallandale Beach Police and Fire Pension Plan.

Early service retirement shall mean a member's withdrawal from service under circumstances permitting the payment of a retirement benefit before such member is eligible for normal service retirement.

Employee shall mean a firefighter or police officer presently employed by the city.

Final average compensation. Effective January 1, 2006, final average compensation (FAC) for police tier one members shall mean a police officer's average monthly rate of pensionable earnings for the two most recent calendar years, prior to entering retirement. Effective April 15, 2021, final average compensation for police tier one members shall mean a police officer's average monthly rate of pensionable earnings for the highest four full calendar years. Members retiring prior to January 1, 2025 with normal retirement will be able to select a final average compensation of either highest four or last two prior to entering retirement.

Effective March 20, 2013, final average compensation for police tier two members shall mean a police officer's average monthly rate of pensionable earnings for the five most recent calendar years.

Effective October 1, 2006, final average compensation for fire tier one members shall mean a firefighter's average monthly rate of pensionable earnings for the two most recent calendar years.

Effective August 7, 2013, final average compensation for fire tier two members shall mean a firefighter's average monthly rate of pensionable earnings for the five most recent calendar years.

For purposes of this section, calendar year shall mean a one-year period ending on December 31. Effective October 1, 2006, members entering the DROP or retiring prior to September 30, 2008 shall be allowed to select either two or three-year averaging for calculating final average compensation.

A firefighter's final average compensation, for benefit determination, shall include outside service duty detail compensation up to a maximum of $10,000.00 per plan year for outside service duty detail compensation earned from October 1, 2006 through February 15, 2011.

A police officer's final average compensation, for benefit determination, shall include outside service duty detail compensation up to a maximum of $10,000.00 per plan year for outside service duty detail compensation earned from October 1, 2006 through July 7, 2010.

For outside service duty details worked by a police officer from October 1, 2006 through July 7, 2010 and worked by a firefighter from October 1, 2006 through February 15, 2011 to be considered part of final average compensation, they must have been worked during the two calendar years immediately preceding the date on which the police officer or the firefighter retires or enters DROP.

Effective July 8, 2010 for police officers and effective February 16, 2011 for firefighters, outside service duty detail compensation shall not be part of final average compensation and, as such, shall not be considered pensionable earnings nor subject to pension fund contributions from police officers and firefighters.

Prior to January 1, 2006 for police officers and prior to October 1, 2006 for firefighters, final average compensation shall mean a member's average monthly rate of pensionable earnings from the city during the 78 highest consecutive bi-weekly pay periods of service proceeding actual retirement of the member or the termination of the member's service with the retirement of the member of the termination of the member's services with the city, whichever shall occur earlier.

For purposes of non-service disability calculations, if a member shall have been employed for less than 78 consecutive bi-weekly pay periods, such average shall be taken only over the period of actual employment.

The terms "average final compensation," "final monthly compensation" and "final average compensation" shall have the same meaning and shall be interchangeable when used herein and within the bargaining unit contracts.

Firefighter shall mean any person employed by the city, who was hired prior to January 4, 2020 (BSO merger date) and elected to remain a member of the plan, and who is certified as a firefighter as a condition of employment in accordance of the provisions of F.S. § 633.35, and whose duty it is to extinguish fires, to protect life and to protect property.

Fire tier one shall mean the defined benefit pension program for firefighters hired before August 7, 2013, as applied to firefighters who elected to remain members of the plan after January 4, 2020.

Fire tier two shall mean shall mean the defined benefit pension program for firefighters hired on or after August 7, 2013, as applied to firefighters who elected to remain members of the plan after January 4, 2020. Benefits shall be administered in the same manner as fire tier one benefits, except as follows:

(1)

The normal retirement benefit for fire tier two members shall be determined by multiplying three percent of final average compensation by the number of years of credited service;

(2)

Final average compensation for fire tier two members shall be calculated using the member's average monthly rate of pensionable earnings for the five most recent calendar years;

(3)

Fire tier two members shall not be entitled to a COLA; and

(4)

Fire tier two members shall not be eligible to participate in DROP.

Fund shall mean the City of Hallandale Beach Police and Fire Personnel Retirement Trust Fund.

May shall mean a permissive term.

Member shall mean a police officer or firefighter actively employed by the city for whom contributions to the retirement plan are made as required by this division. A re-hired, retired member, except a reinstated member on disability, shall have the option to restore active membership as provided in this plan.

Option shall mean one of several choices available to members with respect to the manner in which a retirement allowance may be paid.

Pension shall mean a series of periodic payments, usually for life, payable in monthly installments.

Pensionable earnings shall mean shall mean a member's base salary, including pick-up contributions for all straight time hours worked, overtime, assignment pay, payments received for vacation and sick leave taken in lieu of pay for actual services rendered, jury duty pay, bereavement leave taken in lieu of payment for actual services rendered, premium pay, longevity and educational incentive payments. Effective October 1, 2006 through February 15, 2011, pensionable earnings for firefighters shall include outside service duty detail compensation up to a maximum of $10,000.00 per plan year for outside service duty detail compensation earned from October 1, 2006 through February 15, 2011. Effective October 1, 2006 through July 7, 2010, pensionable earnings for police officers shall include outside service duty detail compensation up to a maximum of $10,000.00 per plan year for outside service duty detail compensation earned from October 1, 2006 through July 7, 2010. Effective July 8, 2011 for police officers and effective February 16, 2011 for firefighters, pensionable earnings shall not include outside service duty detail compensation. All administrative cost for implementing the treatment of service duty detail compensation as pensionable earnings shall be paid by the pension fund. Pensionable earnings shall not include payments for accrued sick leave, accrued vacation leave, sick leave buy back or accrued compensatory leave paid as a lump sum upon separation from service, uniform allowances, expense allowances, commissions, and bonuses.

Pick-up amounts shall mean employer contributions derived from a member's pensionable earnings through a reduction in the member's compensation.

Plan year shall mean the period from October 1 through September 30 of the following year.

Police officer shall mean any person who is appointed or employed full time by the city who is certified or required to be certified as a law enforcement officer in compliance with F.S. § 943.1395, who is vested with authority to bear arms and make arrests, and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the state.

Police tier one shall mean the defined benefit pension program for police officers hired before March 20, 2013.

Police tier two shall mean the defined benefit pension program for police officers hired on or after March 20, 2013. Benefits shall be administered in the same manner as police tier one benefits, except as follows:

(1)

The normal retirement benefit for police tier two members shall be determined by multiplying three percent of final average compensation by the number of years of credited service;

(2)

Final average compensation for police tier two members shall be calculated using the member's average monthly rate of pensionable earnings for the five most recent calendar years; and

(3)

Police tier two members shall not be entitled to a COLA.

Retirement shall mean a member's withdrawal from active service with a benefit granted to the member pursuant to the provisions of this division. Unless otherwise provided herein, participants in the deferred retirement option plan (DROP) shall be treated as retired for pension purposes, with actual receipt of benefits deferred until separation from service.

Retirement allowance shall mean a pension provided by the retirement plan.

Retirement plan shall mean the City of Hallandale Beach Police Officer's and Firefighter's Personnel Retirement Trust. The terms "retirement plan" and "plan" shall have the same meaning and shall be interchangeable as used herein.

Service shall mean active service as an employee.

Service duty detail shall mean police or firefighter related work or duties performed within the municipal corporation limits of the city and shall not include similar work engaged outside of said corporate limits nor shall it include any other type of work whether within or without the city. The terms "service duty detail," "outside service duty" and "off-duty detail" shall have the same meaning and shall be interchangeable when used herein and within the bargaining unit contracts.

Service retirement shall mean a member's retirement from active service under circumstances permitting payment of a retirement allowance without reduction because of age or length of service and without special qualifications such as disability. Service retirement shall be considered normal retirement.

Trustee shall mean a member of the board of trustees of the retirement plan.

Minimum vesting shall mean ten years of credited service before the member is entitled to retirement benefits except for service incurred disability retirement income or service incurred death benefits.

Vested benefit shall mean an immediate or deferred benefit to which a member has gained a non-forfeitable under the provisions of this division.

(Ord. No. 2021-019, § 7, 10-6-2021)

(a)

The sole and exclusive administration of, and the responsibility for, the proper effective operation of the retirement plan and for making the provisions of this division is vested in a board of trustees.

(b)

The board of trustees shall consist of five persons; two of whom shall be legal residents of the city and who shall be appointed by the city commission. One member of the board of trustees shall be police officer who shall be elected by a majority of the police officers who are active members of the plan. One member shall be a firefighter who shall be elected by a majority of the firefighters who are active employee members of the plan. In accordance with F.S. § 175.061, when the number of firefighters who are active members of the plan falls below ten, an active firefighter member seat may be held by either a retired member or an active firefighter member of the plan who is elected by the active and retired members of the plan. If there are no active or retired firefighters remaining in the plan or capable of serving, the remaining board members may elect an individual to serve in the active firefighter seat. Such person's name will be submitted to the city commission for appointment as a ministerial duty. A fifth member of the board shall be chosen by a majority of the previous four persons, and such person's name shall be submitted to the city commission for appointment. The city commission shall appoint the fifth member selected by the other four as a ministerial duty.

(c)

All trustees shall serve a term of four years. If a vacancy shall occur prior to the expiration of a member's term, a replacement member shall be chosen in the same manner as the person who has left office. A replacement trustee shall serve a full term measured from the date of replacement. All trustees shall serve until their replacements are selected.

(d)

The board of trustees shall prescribe a uniform election procedure for the selection of the active member trustee.

(e)

All trustees shall serve without compensation, but they shall be reimbursed from the fund for all necessary expenses authorized by the board. The board shall be permitted to prescribe uniform rules for reimbursement for travel expenditures.

(f)

The board of trustees shall annually select a chairman and a secretary who shall execute all documents on behalf of the board.

(g)

A majority of the members of the board shall constitute a quorum for the transaction of business and shall have full power to act under the terms of the plan. Three concurring votes shall be required of the board to take action.

(h)

The board shall keep minutes of all meetings and a record of any action taken by the board shall be kept in written form and maintained by the board.

(i)

The board of trustees shall have the authority to make such uniform rules and regulations and to take such action as may be necessary to carry out the provisions of the plan and all decisions of the board of trustees, made in good faith, and shall be final, binding and conclusive on all parties.

(j)

The board of trustees shall be deemed the name fiduciary of the plan and shall discharge its responsibilities solely in the interest of the members and beneficiaries of the plan for the exclusive purpose of providing benefits to the members and their beneficiaries and to defray the reasonable expenses of the plan. The trustees shall exercise those fiduciary responsibilities with the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a similar character and with similar aims.

(k)

The board of trustees shall have the following administrative duties:

(1)

To maintain such records as are necessary for calculating and distributing retirement benefits.

(2)

To maintain such records as are necessary for financial accounting and reporting of retirement plan funds.

(3)

To maintain such records as are necessary for actuarial evaluation of the retirement plan, including investigations into the mortality, service and compensation experience of its members and beneficiaries.

(4)

To compile such other administrative or investment information as is necessary for the management of the retirement plan.

(5)

To process, certify and/or respond to all correspondence, bills and statement received by the retirement plan, as well as all applications submitted to the board for retirement benefits.

(6)

To establish and maintain communication with city departments and other agencies of government as is necessary for the management of the retirement plan, including preparing, filing and distributing such reports and information as are required by law to be prepared, filed or distributed on behalf of the retirement plan.

(7)

To determine all questions relating to and process all applications for eligibility, participation and benefits.

(8)

To distribute at regular intervals to employees, a comprehensive summary plan description and periodic reports as required by law.

(9)

To retain and compensate such professional and technical experience as is necessary to fulfill its fiduciary responsibilities.

(10)

To make recommendations regarding changes in the provisions of the plan.

(11)

To assure the prompt deposit of all member contributions, city contributions, Chapter 175 and 185 monies, and investment earnings.

(12)

To establish a uniform set of rules and regulations for the management of the trust.

(13)

To take such other action as the trustees shall deem, in their sole and exclusive discretion, as being necessary for the efficient management of the plan.

(l)

The board shall have the authority to retain its own legal counsel, accountants, actuaries and other professional advisors to assist the board in the performance of its duties. The board may act without independent investigation upon the professional advice of the advisors so retained.

(m)

The board is authorized to prosecute or defend actions, claims or proceedings of any nature or kind for the protection of the fund assets or for the protection of the board in the performance of its duties.

(n)

Neither the board nor any of its individual members shall have any personal liability for any action taken in good faith. The trustees individually and the board as a whole shall be entitled to the protections of F.S. § 768.28. The trustees shall also be authorized to purchase from the assets of the fund, errors and omission insurance to protect the trustees in the performance of their duties. Such insurance shall not provide protection against a trustee's fraud, intentional misrepresentation, willful misconduct or gross negligence.

(o)

No trustee shall be responsible at his or her own expense, to take legal action to correct the misconduct of any other member of the board of trustees. A trustee shall have an affirmative obligation, however, to publicly reveal any misfeasance, malfeasance or nonfeasance by a co-trustee, and upon make such revelation in a public meeting, shall be relieved further individual responsibility of the actions of that co-trustee.

(p)

If an action of the board has an impact on the city contribution the action must be approved by the city commission. The city retains the right to obtain independent actuarial services to determine financial impact.

(q)

Board of trustees shall not amend the plan.

(1)

The board of trustees shall not amend the provisions of the retirement plan without the approval of the city commission. The board of trustees shall administer the retirement plan in accordance with the retirement plan ordinance as written, providing that the authority of the board of trustees to exercise its exclusive authority to administer the plan shall not be diminished or impaired by this provision. Actions required by order of a court of law are excluded.

(2)

The board of trustees shall provide the city, union representatives written notice of any action it intends to take that may be reasonably expected to increase the city's contribution at least 60 days prior to the effective date of any such action. Such notice shall specifically describe the action, the reason for the action and an estimate from the actuary of the anticipated cost ("estimated actuarial valuation cost"). This estimated actuarial valuation cost must include the overall change to the UAAL and the dollar impact to the annual contribution for the current year and for the next five years. This notice requirement does not apply to:

a.

Board action approving a change to the actuarial assumptions mandated by statute or regulation;

b.

Investment-related board action;

c.

Adoption of an assumed rate of return;

d.

Board action affecting only one member;

e.

Actions required by order of a court of law;

f.

Actions taken prior to the effective date of the enacting ordinance; or

g.

Adoption of the annual actuarial valuation.

(3)

Upon receipt of notice as required by subsection (2) above, the city must notify the pension board in writing if it objects to a proposed action of the pension board. Should the board approve any action contemplated as stated in subsection (2) above, and the city's annual contribution, as determined by the estimated actuarial valuation cost, will increase by $125,000.00 or more due to an action or directive of the board of trustees. The employee contribution will be increased by up to five percent of pensionable earnings to offset the increase until the issue is resolved. The maximum increase of five percent is cumulative of all increases and in no event shall the total number of increases pursuant to this paragraph exceed five percent at any given time. This paragraph does not apply to increases resulting from changes to actuarial assumptions mandated by statute or regulation of the division of retirement, increases resulting from investment losses, increases resulting from changes to the assumed rate of return, increases resulting from action of the pension board that affects only one member, actions required by court order, actions taken prior to the effective date of this ordinance, or adoption of the annual actuarial valuation.

(4)

The amount of the police member contribution increase required pursuant to subsection (3) above shall be calculated as follows:

a.

The total amount of the annual increase shall be divided by half, one half to be considered the "city's additional contribution total"; and one half to be considered the "members' additional contribution total," except that the city's additional contribution total shall not be less than $125,000.00.

b.

The members' additional contribution total will be multiplied by the ratio of active police members to active fire members of the plan. (For example, if 70 percent of active plan members are police, the members' additional contribution total will be multiplied by 0.7). This sum will be the police additional contribution total.

c.

The police additional contribution total will be divided by one percent of the previous year's active police members' pensionable earnings. The total shall be the percentage of increased employee contribution for the purposes of subsection (3) above.

(Ord. No. 2021-019, § 7, 10-6-2021)

The city shall pick-up, rather than deduct from each member's pay, beginning with the date of employment, eight percent of the member's pensionable earnings. Effective October 1, 2006, the employee contribution shall be ten percent of pensionable earnings. Effective July 8, 2010, the city shall pick-up, rather than deduct from each police officer's pay nine and one-half percent of the police officer's pensionable earnings. Effective February 16, 2011, the city shall pick-up, rather than deduct from each firefighter's pay nine and one-half percent of the firefighter's pensionable earnings. Effective October 1, 2021, the city shall pick-up, rather than deduct from each police officer's pay ten and one-half percent of the police officer's pensionable earnings. Effective October 1, 2022, the city shall pick-up, rather than deduct from each police officer's pay 11 and one-half percent of the police officer's pensionable earnings. The monies so picked-up shall be deposited in the fund on a bi-monthly basis. An account record shall be maintained continuously for each member. Pick-up contributions shall continue until death, entry into the DROP, disability or termination of service, whichever shall occur first. Contributions shall remain in the fund unless withdrawn as provided in the plan. No member shall have the option to choose to receive the contributed amounts directly instead of having them paid by the city directly to the plan. All such pick-up contributions by the city shall be deemed and be considered as part of the member's accumulated contributions and subject to all provisions of the plan pertaining to accumulated contributions of members. The intent of this provision is to comply with section 414(h)(2) of the Internal Revenue Code. For the purpose of accruing and calculating pension benefits, social security benefits, overtime compensation, percentage increases to base pay, supplemental percentage payments for particular assignments, education, experience, longevity, years of service, payroll steps, licensure or training, and for paying social security taxes, and for such other purposes except as specified in this plan, the amount of employee contributions "picked-up" or paid by the city will be added to the amount distributed on a current basis in order to determine total wages, salary, pay or compensation.

All benefits payable under this plan are in lieu of a refund of accumulated contributions. In any event, however, each member shall be guaranteed the payment of benefits at least equal in total amount to the member's accumulated contributions.

Any monies received or receivable by reason of the laws of the state for the express purpose of funding or paying for retirement benefits for police officers and firefighters shall be deposited into the fund immediately, but not later than five business days after receipt by the city.

The city shall make such contribution under the Florida Protection of Public Employee Retirement Benefits Act and F.S. chs. 175 and 185 which together with contributions picked-up on behalf of members, plan earnings and state insurance premium tax rebates will maintain the fund on a sound actuarial basis, as determined by the board in conjunction with its actuary.

Expenses, charges and fees attributable to the management of the plan shall be paid from the fund.

The city shall have no right, title or interest in the fund or in any part thereof, and no contribution made thereto shall revert to the city, except such part of the fund, if any, which remains therein after the satisfaction of all liabilities to persons entitled to benefits under the plan.

(Ord. No. 2021-019, § 7, 10-6-2021)

(a)

The plan is hereby established as an irrevocable trust fund into which shall be deposited all of the assets of the plan of every kind and description.

(b)

The actual custody and supervision of the fund shall be vested in the board. All assets of the plan may be co-mingled provided that accurate records are maintained at all times reflecting the financial composition of the fund, including accurate accounts regarding the following:

(1)

Current amounts of accumulated contributions of members, both on an individual and aggregate basis;

(2)

Receipts and disbursements;

(3)

Benefit payments;

(4)

All contributions from the city;

(5)

All contributions from the state pursuant to F.S. chs. 175 and 185;

(6)

All interest, dividends, gains and losses from investment;

(7)

Such other entries as may be required for a clear, complete financial report of the status of the fund.

(c)

The board shall establish a written investment policy, with the advice and counsel of such advisors as the board deems necessary and said investment policy shall set forth the types of securities and other types of investments into which shall be placed the assets of the fund. The policy shall further set forth appropriate limitations on those investments, including but not limited to, anticipated rate of return, quality of investment, class of investment and acceptable risk. The investment policy shall comply with the provisions of F.S. § 112.661. The board shall have the authority to invest and reinvest the assets of the plan in such securities or property, real or personal, as the board deems appropriate, including but not limited to:

(1)

Bond, notes or other obligations of the United States or any of its agencies, or those guaranteed by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or dividends thereof;

(2)

Accounts or certificates of deposit in any bank or other financial institution incorporated under the laws of the state, or any national bank organized under the laws of the United States, or authorized to do business and situated in the state to the extent that such certificates of deposit are secured by the deposits of securities United States government;

(3)

Notes secured by first mortgages on real property insured or guaranteed by the Federal Housing Administration or the Veterans Administration;

(4)

Interest bearing obligations with a fixed maturity or any corporation organized under the laws of the United States, any state or organized territory of the United States and the District of Columbia; provided that the entire fixed income portfolio has a mean quality rating of investment grade or higher;

(5)

Foreign investments, including bonds issued by the State of Israel, in an amount not to exceed 25 percent of the portfolio on a market value basis;

(6)

Real estate, which may be in the form of co-mingled ownership and financial institutional futures, listed options, stock index futures, which may be sued under specific instruction of managers;

(7)

Common stock, preferred stock and interest-bearing obligations of domestic corporations having an option to convert into common stock, trading on a national exchange and issued by a corporation organized under the law of the United States, any state or organized territory of the United States or any state or organized territory of the United States and the District of Columbia;

(8)

Co-mingled or common trust funds and mutual funds.

(d)

The board may determine the percentage of each type of investment to be held without regard to the limitations set forth in F.S. §§ 175.071 and 185.06.

(e)

The board shall be authorized to retain one or more money managers for the management of property held in the plan and the board shall convey property of the plan to such money managers for investment and reinvestment in accordance with the terms of this division and the investment policies established by the board. Any such money manager contracting with the board for the investment of its assets shall be deemed a fiduciary of the plan.

(f)

The board shall have a continuing duty to observe and evaluate the performance of any money manager retained by the board. The board shall, in selecting a money manager or other investment advisor, exercise all judgment and care in the circumstances then prevailing which persons of prudence, discretion and intelligence, familiar with such matters, and in the management of an activity of a like character and purpose.

(g)

The board shall require that any money manager or other agent who has custody or control of any property of the plan to keep accurate and detailed accounts of all investments, receipts, disbursements and other transactions pertaining to such trust property and the Board shall further require that all accounts, books and records pertaining thereto be open for inspecting and audit at all reasonable times by the city, the board or the designees.

(h)

The board shall also keep accurate and detailed accounts of all investments, receipts, disbursements or other transactions pertaining to the trust property and all accounts, books and records pertaining thereto shall be open to inspection and audit at all reasonable times by the city or its designees.

(Ord. No. 2021-019, § 7, 10-6-2021)

(a)

A member may retire on the first day of the month coincident with or next following the earlier of: the date upon which the member completes 25 years of credited service, regardless of age; or the date upon which the member attains age 52 with ten years of credited service. There shall be no mandatory retirement age.

(b)

For members retiring on or after October 1, 2002, the normal retirement benefit shall be determined by multiplying three and two-tenths percent of final average compensation by the number of years of credited service. For members retiring on or after October 1, 2002, the amount provided in this section shall not exceed 80 percent of final average compensation, except as may be required to meet the minimum standards of F.S. chs. 175 and 185. Notwithstanding the foregoing, the normal retirement benefit for police tier two and fire tier two members shall be determined by multiplying three percent of final average compensation by the number of years of credited service, not to exceed 75 percent of final average compensation.

(c)

A service retirement benefit shall be payable on the first day of each month. The benefit shall commence on the first day of the month coincident with or next following the member's actual retirement and shall continue until the death of the member. No member shall be permitted to accrue more than the equivalent of 40 years of credited service at the minimum benefit level provided in F.S. chs. 175 and 185.

(d)

A member shall be guaranteed a benefit equal to 120 payments. If the member shall die prior to receiving 120 payments, the remaining benefit shall be paid to the beneficiary designated by the member or pursuant to an option providing a survivor benefit, if any, which has been selected by the member prior to actual retirement. In the event that no survivor has been designated, the member's estate shall be the recipient of the remaining balance of payments.

(e)

Early retirement shall be available to a member on the first day of the month coincident with or next following the attainment of age 45 and a completion of ten years of credited service.

(f)

A member electing early retirement may receive either a deferred payment or an immediate payment under the following formula:

(1)

A deferred payment shall commence on the normal retirement date of the member. This shall mean the earlier of the date upon which the member would have completed 25 years of credited service or the date upon which the member attains age 52 with ten years of credited service. A deferred payment shall be determined in the same manner as a normal retirement, except that final monthly compensation and credited service shall be based upon the early retirement date.

(2)

An immediate retirement benefit may commence on the first day of the month coincident with or next following the date of early retirement. The benefit shall be determined for normal retirement and then actuarially reduced for the number of actual years and months at which the starting date of the benefit precedes the normal retirement date. The normal retirement date shall be the earlier of the date upon which the member would have completed 25 years of credited service or attained age 52 with ten years of credited service. The actuarial reduction factor applied to the benefit shall be a reduction of one-half percent for each month by which the early retirement date preceded the normal retirement date.

(g)

The payment of the early retirement income shall be subject to the same conditions as normal retirement income.

(h)

In the event a member elects early retirement, the benefit formula in effect on the early retirement date shall be applicable to the member.

(i)

A member entitled to a normal or early service retirement benefit shall have the right at any time prior to the date upon which the first payment is received to elect to have the benefit payable under one of the options provided in this plan. A member shall be permitted to revoke any such election and to elect a new option at any time prior to the receipt of the first payment. Each retirement option shall be the actuarial equivalent of the other retirement options available. The present value of payments to a retiring member must be equal to at least 50 percent of the total value of payments to a retiring member and designated beneficiary. Election of the retirement option shall be on a form prescribed by the board.

(1)

Joint and last survivor option. A member may elect to receive a benefit for life and to have the benefit (or a designated fraction of the benefit) continued after the member's death and during the lifetime of a designated survivor. A designated survivor may be any natural person or persons, named jointly or sequentially, but need not be the spouse of the member. In the event that the designated survivor dies before the member's benefit payments begin, this option shall be canceled automatically and a retirement income shall be payable to the member as if the election had never been made.

(2)

Other options.

(3)

The trustees may authorize the payment of the retirement benefit in any form which is the actuarial equivalent of the other forms of retirement provided in this plan. An interest only option or an option providing guaranteed payments over a period in excess of 20 years or beyond age 85 may not be offered. The board, in its sole discretion, may make a lump sum distribution which is the actuarial equivalent of the monthly benefit if the lump sum is not greater than $1,750.00.

(4)

Pop-up option. Upon retirement, including entry into the DROP, a member may select an actuarially equivalent pop-up option as part of the joint and last survivor annuity. An eligible member, by electing this option, consents to the actuarial adjustment of the member's retirement benefits sufficient to cover the cost of this option. Notwithstanding the provisions of subsection 6.09(a) [of the plan], in the event that a member has selected a joint and last survivor option with a pop-up, and the member's designated joint annuitant predeceases the member, the survivorship benefit shall be deemed cancelled and the member's annuity shall be recalculated as the normal form of benefit without adjustment for optional forms of payment, and shall be paid for the life of the participant.

(j)

Medical stipend. Members hired prior to January 1, 1996 who have terminated employment and are receiving pension benefits shall be entitled to receive a monthly stipend of $10.00 per year of service to a maximum of $200.00 per month. The benefit shall continue for the life of the eligible retiree and any surviving spouse, if the spouse was chosen with the survivor option. Eligible stipend recipients shall no longer be required to provide annual proof of health insurance. The medical stipend is eliminated for all members hired after January 1, 1996.

(k)

Except as set forth in subsections (l) and (m) below, each police tier one member and fire tier one member employed on or after October 1, 2002 shall be eligible, upon retirement or entry into DROP, to receive a cost of living adjustment (COLA) as follows: on January 1 of the first year after a member retires or enters the DROP and every January 1 thereafter a two percent annual COLA shall be paid, provided that the Consumer Price Index for Urban Areas (CPIU) is equal to or greater than one-half percent for the immediately preceding 12-month period on or about September 30. The COLA hereby created shall apply to benefits paid to joint annuitants of members employed on or after October 1, 2002.

(l)

COLA during DROP. Police tier one members who enter the DROP on or after March 20, 2013 shall not be eligible for a COLA while in the DROP (except for those police tier one members who attain 24 or more years of credited service in the plan by March 20, 2013) and fire tier one members who enter the DROP on or after August 7, 2013 shall not be eligible for a COLA while in the DROP (except for those fire tier one members who attain 24 or more years of credited service in the plan by December 28, 2013).

(m)

Benefit cap. Effective March 20, 2013 for police officers and August 7, 2013 for firefighters, no annual service retirement benefit based on the normal annuity form (life with ten-year certain) payable in the initial year of retirement shall exceed $95,000.00 (hereinafter the "initial year benefit cap").

Effective April 15, 2021, subject to the 80 percent of AFC cap, the benefit cap for police tier one members shall be $110,000.00. Police tier one members who reach the cap and who were otherwise eligible to receive cost of living adjustments on their benefit will earn up to eight two-percent pension cost of living adjustments on their benefit after reaching the $110,000.00 cap.

Police tier one members shall receive a COLA for pre-2013 service. The prorated COLA will be based on years of service and service time purchased prior to the effective date of the 2013 ordinance, March 20, 2013. The pre-2013 COLA will be paid as a percent of the full benefit after all other current COLA benefits have been paid. (For example, any member who earned 12.5 years of service prior to the 2013 pension ordinance effective date and retires at the pension cap benefit of $110,000.00 will first receive the current eight COLAS of two percent after which time the member will continue to receive a one percent COLA.

Subject to the 75 percent of AFC cap, the benefit cap for police tier two members shall be $110,000.00.

Optional annuity forms, actuarially equivalent to the normal annuity form, will be determined using the initial year benefit cap, if applicable. The initial year benefit cap shall apply to all police officers who have not entered the DROP and are not eligible for normal retirement as of March 20, 2013, except for those police officers who have accrued 24 or more years of service as of March 20, 2013. The initial year benefit cap shall apply to all firefighters who have not entered the DROP and are not eligible for normal retirement as of August 7, 2013, except for those firefighters who have accrued 24 or more years of service as of December 28, 2013. Notwithstanding the initial year benefit cap, police officers and firefighters who are otherwise eligible for COLAs shall receive up to eight COLA adjustments after their annual benefit reaches the initial year benefit cap (modified by any optional form of annuity elected, if applicable).

(n)

Minimum benefit accrual: Notwithstanding the foregoing, in no case shall benefits accrued under the plan for police tier one members be less than benefits accrued by such members as of March 20, 2013 and in no case shall benefits accrued under this plan for fire tier one members be less than benefits accrued by such members as of August 7, 2013. Police officers may elect to receive their respective March 20, 2013 benefit accrual and paid according to the terms and conditions applicable to that accrued benefit instead of benefits accrued under the plan as amended herein and firefighters may elect to receive their respective August 7, 2013 benefit accrual and paid according to the terms and conditions applicable to that accrued benefit instead of benefits accrued under the plan as amended herein.

(o)

Transition of firefighters to Broward Sheriff's Office. Notwithstanding any other provision of this retirement plan, the provisions of this subsection (o) shall take effect January 4, 2020 for firefighter members employed by the city on December 31, 2019 who became employees of Broward Sheriff's Office (BSO) on January 4, 2020, in accordance with the agreement between the city and BSO to provide fire/rescue services to the city. The current provisions of this retirement plan in effect on December 31, 2019 shall continue to apply, except as otherwise provided in this section.

(1)

Upon becoming employees of BSO, firefighter members shall have the option to remain in this retirement plan or enroll in the Florida Retirement System for future service at the BSO.

(2)

Firefighter members with ten or more years of credited service in this retirement plan on December 31, 2019 who elect to enroll in the Florida Retirement System shall be entitled to receive normal retirement benefits from this retirement plan based on the average of their five highest years of earnings (including earnings received from the City, BSO or a combination of the two), upon attaining 25 years of combined service with the city and BSO, regardless of age (including additional accrual service), or upon reaching age 52 with ten or more years of credited service. Such members shall be entitled to receive an in-service distribution from this retirement plan upon reaching eligibility for normal retirement benefits as provided in the preceding sentence, with no requirement of separation from BSO employment.

(3)

For firefighter members who elect to continue participating in this retirement plan on or after January 4, 2020 and are not eligible for normal retirement on that date or within 25 months thereafter, the following provisions shall apply:

a.

Employee contributions shall increase to 10.75 percent of pensionable earnings on or after January 4, 2020, and shall increase to 11.25 percent of pensionable earnings on January 1, 2022.

b.

The benefit multiplier for all future service shall be 3.00 percent per year of credited service, up to the maximum cap provided in subsection e. below.

c.

Average final compensation shall be based on the highest five years of the last ten years of credited service (including BSO service); but for firefighter members hired before August 7, 2013, average final compensation shall be no less than the average of the two most recent calendar years before January 4, 2020.

d.

The normal retirement age shall be the earlier of age 52 with ten years of credited service or attainment of 25 years of credited service (including BSO service) regardless of age; or upon reaching the maximum benefit accrual percentage provided in section 6.02 [of the plan] once the member has completed the terms of their additional accrual service purchase agreement, if applicable.

e.

Effective February 19, 2020, the maximum annual service retirement benefit payable to firefighter members, excluding cost of living adjustments and the health care stipend, shall not exceed $100,000.00 or the maximum percentage of average final compensation provided in section 6.02 [of the plan]. Effective January 1, 2021 and every two years thereafter, the $100,000.00 maximum annual service retirement benefit for firefighter members shall increase by two percent, until it reaches $125,000.00, at which point there shall be no further increases. The maximum percentage of average final compensation provided in section 6.02 [of the plan] shall continue to apply; provided in no event shall a member's normal retirement benefit, including the health care stipend, be less than 2.75 percent for all years of credited service, to include additional accrual service once the member has completed the terms of their additional accrual service agreement.

f.

Tier one firefighter members (firefighter members hired before August 7, 2013) who enter the deferred retirement option plan on or after January 4, 2020, shall earn annual interest credits equal to the net market rate of return on retirement plan investments during the preceding plan year, with a minimum of zero and a maximum of six percent.

g.

Tier one firefighter members shall receive a prorated two percent annual cost of living adjustment (COLA) on the portion of their accrued benefit based on credited service before August 7, 2013. Tier one members shall receive eight annual COLAs on the portion of their accrued benefit based on service between August 7, 2013 and January 1, 2020, and shall not receive a COLA for any benefit accrued on and after January 1, 2020. Tier two firefighter members (firefighter members hired on or after August 7, 2013) are not eligible for a COLA.

h.

All earnings considered pensionable by the Florida Retirement System shall be considered pensionable earnings under this retirement plan for firefighter members who elect to continue participating in this retirement plan on or after January 1, 2020, except no more than 300 hours of overtime pay per fiscal year may be included in pensionable earnings, and payments for accrued unused sick and annual leave shall be excluded, and wages earned for details shall not be pensionable.

i.

Firefighter members who are eligible for normal retirement under this retirement plan as provided in section 6.01 [of the plan] within 25 months following January 1, 2020 may elect to retain the current retirement plan benefits (as written in the retirement plan on December 31, 2019, not as amended by legal opinions dated between 2016—2018), if they complete and submit an irrevocable retirement application before March 1, 2020, for retirement no later than the first date of normal retirement eligibility.

j.

Firefighter members who elect to continue participating in this retirement plan after January 1, 2020 may receive an in-service distribution of benefits from this retirement plan upon reaching eligibility for normal retirement, with no requirement of separation from BSO employment.

k.

The city shall continue participating in F.S. ch. 175. The city and the union representing firefighters have agreed that all ch. 175 premium tax revenues will be used to offset city contributions to the retirement plan.

(Ord. No. 2021-019, § 7, 10-6-2021)

(a)

A member shall be disabled under the terms of the plan if the member has suffered an illness, injury or disease which renders the member permanently and totally incapacitated, physically or mentally, from regular and continuous duty as a police officer or firefighter. Disability shall not be determined based solely on the fact that a member cannot perform all of the duties of a police officer or a firefighter as set forth in the job description. The definition of disability shall be applied to an individual who because of illness, injury, or disease, cannot perform any job in the police or fire department which is within the member's physical or mental capabilities and further provided that a vacancy exists which will be made available by the city, or BSO as applicable to firefighters. The city shall be required to accommodate disabled workers in accordance with state and federal law. A disability benefit cannot be based on a condition which pre-existed membership in the plan unless the course of the disability would reasonably be expected to give rise to a disability in a person without the pre-existing condition.

(b)

A member shall be eligible for a service incurred disability retirement from the entry date into the plan. A service incurred disability retirement shall mean that the disability arose as a result of an act occurring in the performance of service with the city, or BSO as applicable to firefighters.

(c)

A member shall be eligible for a non-service incurred disability retirement upon the completion of ten years of credited service. A non-service incurred disability shall be an illness, injury, or disease, which did not occur as a result of an act in the performance of service with the city, or BSO as applicable to firefighters.

(d)

The service incurred disability benefit shall be paid in equal monthly installments in an amount equal to 75 percent of the member's pensionable earnings at the time of the disability. A disability retiree may select any of the optional forms of payment available to service retirees. The disability benefit shall be subject to an offset against disability benefits received from the Social Security Administration in an amount equal to 64 percent of the Social Security benefit. The member's disability benefit shall be subject to an offset against worker's compensation benefits received from the city and a member's outside income at the rate of $1.00 for each $3.00 earned, to the extent that the sum of the worker's compensation benefit and the disability benefit exceed 100 percent of the member's earnable compensation. If a member receives a cost of living adjustment to the Social Security disability benefit or to the worker's compensation benefit, those cost of living benefits shall not be used in the calculation of the offset. In no event shall the disability benefit payable under this plan, net of all offsets, be less than the greater of the member's accrued benefit or 42 percent of the member's earnable compensation.

(e)

In the case of a lump sum settlement of worker's compensation, the application of the lump sum payment shall be applied to the offset provisions in section 7.04 [of the plan] in accordance with the terms of this section. Only that portion of a lump sum settlement attributable to lost wages shall be applied to the offset. Offsets shall not apply to that portion of a lump sum settlement attributable to future medical benefits and attorney's fees. The lump sum payment received shall be divided the number of months in which the payment would have been received had the lump sum not been offered, and that amount shall be applied on a monthly basis to the determination of the offset. In the case of a lifetime worker's compensation benefit, the lump sum amount shall be divided by the number of months remaining in the member's actuarial lifetime, and that fraction shall be applied on a monthly basis to the determination of the offset. The board may prescribe uniform rules for the application of this section.

(f)

The non-service incurred disability benefit shall be paid on a monthly basis in an amount equal to 3.2 percent of final average compensation multiplied by the number of years of credited service. This amount shall be subject to an offset against the member's Social Security disability benefit in an amount equal to 64 percent of that Social Security benefit. In no event shall a non-service incurred disability benefit exceed 50 percent of the member's final average compensation; provided however, that the minimum benefit shall be the greater of the member's accrued retirement benefit or 25 percent of the member's final average compensation. For the purposes of a non-service incurred disability benefit, final average compensation shall be determined as of the last day the member was actively at work for the city, or BSO as applicable to firefighters. A disability retiree may select any of the optional forms of payment available to service retirees.

(g)

Disability benefits shall be paid on the first day of each month. Entitlement to a disability benefit shall accrue on the first day of the month coincident with or next following the later of the date upon which the disability has existed for 90 days or the date upon which the member has made written application for disability benefits on the form prescribed by the board of trustees. No benefit shall be paid until the board of trustees has actually considered and voted upon entitlement to disability.

(h)

Disability retirement income shall continue until the death of the member or recovery from disability, as determined by the board of trustees. In the event of the death of a member who is retired on a disability benefit and has not received 120 payments, the remaining unpaid benefits shall be paid to a designated beneficiary selected by the member and communicated to the board on the form prescribed by the board. In the event that there is no designated beneficiary, the remaining unpaid benefits shall be paid to the estate of the deceased member.

(i)

The board of trustees shall have the continuing right to require disabled members to submit to a medical examination to determine that the member remains disabled. In order for a member to be deemed recovered, the medical board must recommend to the board of trustees that the member has sufficiently recovered to again engage in the duties of a police officer or firefighter and that the city has certified that it has a position within the police or BSO has certified that it has a position for fire service available for the member consistent with the member's medical condition.

(j)

Upon finding that a member is no longer disabled, the member shall return to work for the city, or BSO as applicable to firefighters, at the same rank and position previously occupied and shall be placed into the appropriate step in the pay plan which the member would have occupied but for the disability. The member shall again become an active member of the plan but shall receive no creditable service for any period of time in which the member was receiving disability benefits. If the member declines re-employment within the city, or BSO as applicable to firefighters, the member shall be deemed to have terminated employment on the date that the disability benefit commenced.

(k)

No member shall be eligible to receive disability benefits from the retirement plan during any period of time that the member is receiving a salary from the city, or BSO as applicable to firefighters. This section shall not apply to the receipt of worker's compensation benefits.

(l)

Application for disability retirement shall be made on a form prescribed by the board of trustees. The member shall execute such medical releases as are necessary to permit the board of trustees to review the medical records needed to determine the question of disability and to discuss said records at a public meeting. Upon receipt of an application for disability, the board shall appoint a medical committee to be composed of not less than one nor more than three licensed physicians. The applicant for disability shall be required to submit to examination by the medical committee. The medical committee shall report its findings to the board of the trustees which shall include a determination, to the extent reasonably possible, the origin of the disability, whether the disability is permanent, and whether the disability is total. In making that determination, the medical committee shall be bound by the definition of disability set forth in this plan.

(m)

As a part of the disability application, notice of the application shall be forwarded to the human resource department of the city, or BSO as applicable to firefighters, together with a questionnaire seeking information from the city, or BSO as applicable to firefighters, concerning any available job openings for the applicant in the appropriate department, consistent with the applicant's physical limitations. In addition, the city, or BSO as applicable to firefighters, shall be requested to provide a copy of any worker's compensation records. The board is not bound in its deliberations by any worker's compensation proceeding, but should be apprised of any medical or other information contained in those records which bears on the questions of the permanency, totality, and causation of the disability.

(n)

Upon receipt of the report of the medical committee, the trustees shall schedule a public hearing at which time the board shall review all reports of the medical committee, together with any such documentary evidence as the applicant may wish to submit. The board shall conduct a preliminary determination as to whether the member is permanently and totally disabled based upon the written documentation presented. If the board does not grant the application based on the written documentation, it shall inform the member in writing of the reasons for the denial of the application. The member may, within 30 days of receipt of the board's preliminary denial, request a full evidentiary hearing before the board. Said hearing will be conducted consistent with the principles of due process and the rules of evidence generally applicable to administrative proceedings shall apply. The board shall have the power to issue subpoenas compelling the attendance of witnesses. At said hearing the applicant may present such oral and written evidence as the applicant deems necessary to establish its burden of proof. The board may appoint special counsel as an advocate to cross-examine witnesses and to offer argument in opposition to the application. The attorney for the board shall not serve both as advocate and as advisor to the board in the same proceeding. The applicant and the board shall have the right to examine and cross-examine all witnesses. The decision of the board shall be based solely upon the evidence presented and the law applicable to this plan. Following the conclusion of the hearing, the board shall render an opinion in writing setting forth the reasons for the grant or denial of the benefit. In the event that the disability benefit is denied, the applicant shall have the right to judicial review by complaint for common law certiorari in the county circuit court.

(o)

The board of trustees may prescribe rules of procedure to implement the provisions of this plan relating to the conduct of disability hearings.

(p)

No member shall be granted a disability pension upon a determination by the board that the disability resulted from:

(1)

Excessive and habitual use of drugs, intoxicants or narcotics;

(2)

Injury or disease sustained while willfully and illegally participating in fights, riots, civil insurrections or while committing a crime;

(3)

Intentionally self-inflicted wounds, injuries or ailments;

(4)

Any occurrence arising from compensable employment unrelated to regular city employment, and such employment having been undertaken without prior permission of the appropriate department head having been granted to such member in writing.

(q)

The provisions of F.S. § 112.1816, as amended, providing for a non-rebuttable conclusive cancer presumption for firefighters, are hereby codified within the plan and are intended to be incorporated by reference. The board of trustees shall adopt uniform administrative rules relating to this presumption and for the determination of any disqualifying events as reflected in F.S. chs. 112 and 175, as amended.

(Ord. No. 2021-019, § 7, 10-6-2021)

(a)

Except as otherwise provided in this section, all rights to benefits under this plan shall terminate when a member's employment terminates for any reason other than normal service retirement, early service retirement, or disability retirement. Any member who completes ten years of credited service and whose contributions remain in the plan has a vested right to accrued benefits from the plan. No member who has completed less than ten years of credited service shall have a vested interest in any accrued benefit.

(b)

A member who shall leave the service of the city prior to eligibility for normal service retirement or early service retirement, but who has completed ten years of creditable service shall be entitled to receive retirement benefits commencing at the regular normal service retirement date. Such benefits will be based on final monthly compensation and credited service as of the date of termination.

(c)

Every member shall have the right to elect to receive, in lieu of all benefits under the plan, a return of the member's accumulated contributions. If the member terminates with less than five years of credited service, the member shall be entitled to a return of the contributions with no interest. If a member has completed more than five years of credited service and elects a lump sum return of contributions, the member shall receive interest at the rate of three percent for each full year of credited service, to be prorated for the final year of employment.

(d)

A member who elects a lump sum return of contributions releases and discharges the city and the retirement plan from the right to any other benefits from the plan.

(e)

If a member of the plan has completed ten years of credited service and dies prior to retirement, the beneficiary of the vested member shall receive a monthly retirement income for 120 months based on final monthly compensation and credited service as of the date of the member's death. In the event that there is no beneficiary designated on a form prescribed by the board, the benefits otherwise payable will be paid to the estate of the deceased member.

(f)

If a member who has terminated service prior to retirement re-enters the police or fire service of the city, the member will be entitled to reinstate the credited service that the member had on the date of termination in lieu of the benefits to which the member became entitled at time of separation. If, at the time of separation, the member withdrew the member's accumulated contributions, credited service can only be restored by repaying to the pension plan an amount equal to the accumulated contributions plus five percent interest from the date the contributions were withdrawn.

(g)

A member with prior police or firefighter service with another employer or who has served on active military duty in the Armed Forces of the United States may purchase up to a maximum of four years of service credit, provided that for each year being purchased the member pays to the pension plan eight and four tenths percent of the member's current salary for each year being purchased. A member who is receiving, or will receive a pension benefit for prior service in any other pension plan supported by public funds, except a military pension, shall not be eligible for buy-back of that prior service, under the provisions of this section. In order to be permitted to purchase prior service under this section, the member must submit proof to the board that the member is not receiving and will not receive a pension benefit from another plan based on the prior service. Members hired after October 1, 2001 must exercise this option within 90 days of completion of probation in accordance with policy adopted by the board.

All payments must be completed within five years and may be made by payroll deduction or by rollover from a qualified plan, including the city's 457 plan. Purchased service shall count towards vesting. A member may not purchase in excess of five years of combined service credit and/or accrual service under this section and section 8.08 [of the plan}. Effective October 1, 2006, police officers shall not be credited with prior service under this section until the police officer has earned ten years of actual service as a member of the plan. Effective November 1, 2006, firefighters shall not be credited with prior service under this section until the firefighter has earned ten years of actual service as a member of the plan.

(h)

Police officers hired after January 1, 2006 and firefighters hired after January 1, 2007, shall have the option to purchase up to five years of additional accrual service, which shall be calculated in the form of an enhanced multiplier of an additional three and two-tenths percent, resulting in a total multiplier of six and four-tenths percent for each completed year during the sixteenth through twentieth years of service, if five years of additional accrual service are purchased. Where less than five years are purchased, the enhanced multiplier shall be applied, as appropriate, during the final years of service corresponding with the number of years purchased. In order to qualify for this benefit, the member must have been employed as a police officer or firefighter for at least one year. Members must exercise this option within 90 days after completion of probation, in accordance with policy adopted by the board. Members electing this option shall contribute the full actuarial cost of the benefit for each year of enhanced multiplier purchased. Members must complete the required contribution within ten years or prior to entry into the DROP, whichever shall occur first. Payments may be made by payroll deduction. A member may not purchase in excess of five years of total service credit and/or accrual service under this section and section 8.07 [of the plan}. Service purchased under this section shall not count for vesting purposes.

(Ord. No. 2021-019, § 7, 10-6-2021)

(a)

A member shall be eligible for service incurred death benefits from the date of entry into the plan.

(b)

A member who is killed or dies as a direct result of an occurrence arising in the performance of the service of the city shall be entitled to a service incurred death benefit. The benefit shall be an amount equal to the greater of 30 percent of the member's rate of pensionable earnings at the time of death or the member's accrued monthly retirement benefit at the time of death. The benefit shall be paid on a monthly basis to the member's designated beneficiary on a ten-year certain and life thereafter basis. In the event that the member has not designated a beneficiary on a form prescribed by the board, the death benefit shall be payable for a guaranteed 120 months to the estate of the deceased member.

(c)

A non-service incurred death benefit shall be available to a member who has completed ten years of credited service in the plan.

(d)

The non-service incurred death benefit shall be equal to the member's accrued monthly retirement benefit at the time of death. The benefit shall be paid on a monthly basis to the member's designated beneficiary on the basis of a ten-year certain and life thereafter calculation. In the event that the member has not designated a beneficiary on the form prescribed by the board, the benefits shall be payable for 120 months to the estate of the deceased member.

(Ord. No. 2021-019, § 7, 10-6-2021)

(a)

It is the intention of the city and of the board that the plan remain at all times a qualified plan as that term is defined under the Internal Revenue Code. In recognition of the changing requirements of plan qualification, the board shall adopt an administrative policy setting forth the required provisions for tax qualification. Such a policy shall be amended by the board as required to maintain continuing compliance with the Internal Revenue Code and that policy and any amendments shall have the force of law as if adopted by the city council.

(b)

No member's annual benefit may exceed the limitations set forth in section 415 of the Internal Revenue Code.

(c)

In no event may a member's retirement benefit be delayed beyond the later of April 1 following the calendar year in which the member attains age 72, provided the member had not attained age 70½ by December 31, 2019.

When a distribution of the participant's entire interest is not made in a lump sum, the distribution will be made in one of the following ways: over the life of the participant; over the life of the participant and designated beneficiary; over a period certain not extending beyond the life expectancy of the participant; or over a period certain not extending beyond the joint life and last survivor expectancy of the participant and a designated beneficiary.

(d)

If the distribution has commenced before the participant's death, the remaining interest will be distributed at least as rapidly as under the method of distribution being used as the date of the participant's death.

The method of distribution, if the participant dies before distribution is commenced, must satisfy the following requirements:

(1)

Any remaining portion of the participant's interest that is not payable to a beneficiary designated by the participant will be distributed within five years after the participant's death;

(2)

Any portion of the participant's interest that is payable to a beneficiary designated by the participant will be distributed either:

a.

Within five years after the participant's death; or

b.

Over the life of the beneficiary, or over a period certain not extending beyond the life expectancy of the beneficiary, commencing not later than the end of the calendar year following the calendar year in which the participant died (or, if a designated beneficiary is the participant's surviving spouse, commencing not later than the end of the calendar year following the calendar year in which the participant would have attained age 72).

(e)

Direct transfers of eligible distributions shall be made as follows:

(1)

General. This subsection applies to distributions made on or after January 1, 1993. Notwithstanding any provision of the plan to the contrary that would otherwise limit a distributee's election under this subsection, a distributee may elect, at the time and in the manner prescribed by the board, to have any portion of an eligible rollover distribution made directly to an eligible retirement plan specified by the distributee in a direct rollover.

(2)

Definitions.

a.

Eligible rollover distribution. An eligible rollover distribution is any distribution of all or any portion of the balance to the credit of a distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of a substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten years or more; 'any distribution to the extent such distribution is required under section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income.

b.

Eligible retirement plan. An eligible retirement plan is an individual retirement account described in section 408(a) of the Internal Revenue Code, an individual retirement annuity described in section 408(b) of the Internal Revenue Code, an annuity plan described in section 403(a) of the Internal Revenue Code, or a qualified trust described in section 401(a) of the Internal Revenue Code that accepts a distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to a surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity.

c.

Distributee. A distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse.

d.

Direct rollover. A direct rollover is a payment by the plan to the eligible retirement plan specified by the distributee.

(Ord. No. 2021-019, § 7, 10-6-2021)

(a)

It is the intention of the city and the board that this pension plan shall constitute an irrevocable trust and no portion of the assets may revert to the employer until all other obligations of the plan, including the payment to the last surviving member and beneficiary has been paid.

(b)

In the event of termination or partial termination of the plan, each participant's accrued pension benefit shall become nonforfeitable (100 percent vested) to the extent funded. At such time, the funds shall be appropriated and distributed in accordance with the provisions of F.S. chs. 175 and 185.

In the event that the plan is terminated, the assets of the plan shall first be distributed to retired members and their beneficiaries. If there is any asset value remaining after the apportionment to retired members and their beneficiaries, apportionment shall next be made to each member in the service who has completed at least ten years of credited service and has contributed to the fund for at least ten years and who is not otherwise eligible to retire. If there is any asset value after the apportionments to retirees and their beneficiaries and to vested members of the plan, apportionment shall lastly be made in respect of each member in the service of the city for an amount not to exceed the total value of the member's contributions. In the event that there is any asset value remaining after full apportionment to all members and beneficiaries of the plan, the excess, if any, shall revert proportionately to the city and the state on the basis of contributions to the plan.

(Ord. No. 2021-019, § 7, 10-6-2021)

(a)

In the event that the board is served with a qualified domestic relations order or other legal process purporting to require the payment of any portion of a member's benefit to another person as a result of dissolution of marriage, the board shall cause such order to be reviewed to determine compliance with the provisions of the plan.

(b)

The board of trustees shall be authorized to intervene in any suet) dissolution of marriage proceeding to ensure that such qualified domestic relations order is otherwise consistent with the distribution of an interest in a public employee's retirement plan under state law.

(c)

Any cost associated with the modification or correction of such qualified domestic relations orders shall be the responsibility of the plan member.

(Ord. No. 2021-019, § 7, 10-6-2021)

(a)

The present or future right of a person to money in the pension fund or to a retirement allowance, an optional allowance, a death benefit, the return of contributions, or any other right accrued or accruing under the provisions of this plan shall not be assignable and shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law or any other process of law whatsoever, except with respect to alimony, child support or medical payments to a former spouse.

(b)

The board shall have the power to examine into the facts upon which any pension has been granted under any prior or existing law or which may be granted in the future or obtained erroneously, fraudulently, or illegally for any reason. The board is empowered to purge the pension rolls of any person who has been granted a pension under a prior or existing law, or who is hereafter granted a benefit under this ordinance if the granting of that pension is found to be erroneous, fraudulent, or illegal for any reason; and to reclassify any pensioner who has under any prior or existing law or who may under this ordinance be erroneously, improperly or illegally classified.

(c)

Should any change or error in retirement system records be discovered or result in any member or beneficiary receiving from the retirement plan more or less than he or she would have been entitled to receive had the records been correct, the board shall have the power to correct such error and, as far as possible, adjust the payments in such a manner that the actuarial equivalent of a benefit to which such member or beneficiary was correctly entitled shall be paid.

(d)

If any member or beneficiary is a minor or is under any other legal disability, the board of trustees shall have the power to withhold payment of benefits until the board is presented with proof satisfactory to the board of the appointment of a guardian. If the board becomes aware that any member or beneficiary is incapable of personally receiving and giving a valid receipt for any payment due under the plan, the board shall cause notice to be given to that participant or beneficiary of a hearing to determine whether said benefits should continue to be paid until the appointment of a guardian. During the pendency of any such hearing, however, the board may continue to pay benefits to the member or beneficiary and that such payment shall be a complete discharge of any liability under the plan for such payment.

(Ord. No. 2021-019, § 7, 10-6-2021)

(a)

A deferred retirement option plan (DROP) was created, effective January 1, 1998.

(b)

Any erroneous contributions picked up on behalf of members after entry into the DROP shall be refunded to the member.

(c)

Police tier one and fire tier one members are eligible to participate in the DROP based upon the attainment of age 52 with 20 years of service (including purchases of service credit and buyback), the completion of 25 years of credited service (including purchases of service credit and buyback), regardless of age, or, effective October 1, 2002, for members entering the DROP after October 1, 2002, the date that a member's service credit reaches the 80 percent benefit accrual limitation set forth in section 6.02 [of the plan}.

(d)

Effective April 15, 2021, police tier two members are eligible to participate in the DROP upon the completion of 25 years of credited service, regardless of age (including the purchase of service time).

Fire tier two members shall not be eligible to participate in DROP.

(e)

Participation in the DROP for police tier one and fire tier one members must be exercised within 90 days of the date of a member's 25th anniversary of employment, the completion of 25 years of credited service (including purchases of service credit and buyback), attainment of age 52 with 20 years of service (including purchases of service credit and buyback), or the date that a member's service credit reaches 80 percent benefit accrual, or the right to participate in the DROP is forfeited.

(f)

Participation in the DROP for police tier two members must be exercised within 90 days of the date of a member's 25th anniversary of employment, the completion of 25 years of credited service (including purchases of service credit and buyback), or the date that a member's service credit reaches 75 percent benefit accrual, or the right to participate in the DROP is forfeited.

(g)

The maximum period of participation in the DROP is five years or a total of 30 years of service (including purchases of service credit and buyback). Notice of election to DROP must be accompanied by a post-dated letter of resignation which shall be fully binding upon the member. Any subsequent election to voluntarily terminate employment, prior to the maximum limit of the DROP, shall be by binding written notice to the employer at least 30 days in advance.

(h)

Upon exercising the right to participate in the DROP, an employee's creditable service, accrued benefits and compensation calculation shall be frozen and shall utilize final average compensation for determining the benefit.

(i)

Payment shall be made into the employee's DROP account as if the employee had terminated employment in the city in an amount determined by the employee's selection of options 1 and 2 as enumerated in subsection 21-333(i).

(j)

Subject to subsections (p) and (q) of this section, a police tier one and fire tier one member's account in the DROP program shall earn or lose interest based upon the actual earnings of the retirement plan for the preceding year or the most recent assumed rate of return of the actuarial valuation. The member must choose an irrevocable earnings option at the time of entry into the DROP. As of the effective date of this division, police tier one members entering the DROP program shall earn interest credits equal to the net market rate of return on pension plan investments during the preceding plan year, with a minimum of zero percent and a maximum of six percent. Pension plan assets that are not used to provide DROP interest in accordance with this paragraph shall remain assets of the plan. Interest credit for police tier two members shall be based on net plan earnings on DROP balances with no guarantee of returns. The board may, by uniform administrative rule, establish an employee-directed investment program.

(k)

DROP participant shall terminate service with the city at the conclusion of five years in the DROP or a total of 30 years of service (including purchases of service credit and buyback).

(l)

All interest shall be credited to the employee's DROP account at the end of the DROP period.

(m)

Upon termination with the city, an employee may receive payment within 45 days of the member requesting payment or may defer payment until a time not later than the latest date authorized by section 401(a)(9) of the Internal Revenue Code at the option of the member. Payments for the DROP may be received as a lump sum, rollover, installment payment, annuity or combination of payments, provided, however, that at all times, the DROP shall be subject to the provisions of the Internal Revenue Code. No payment may be made from the DROP until the employee actually separates from the service with the city.

(n)

If an employee shall die during participation in the DROP, the employee shall be treated as any other vested member in the plan who dies after retirement.

(o)

Upon commencement of participation in the DROP, the member shall no longer be eligible for disability retirement from the pension plan. If a member becomes disabled during the DROP period, the member shall be treated as if he/she voluntarily terminated DROP participation on the day prior to the date of disability.

(p)

An administrative fee of one-half percent will be assessed on the DROP account balance to cover the administrative costs of the DROP.

(q)

If a firefighter DROP participant selected the fixed rate option, upon exiting the DROP the firefighter DROP participant's investment rate shall revert to the actual earnings method set forth in subsection (j) above. This provision shall not apply for firefighter members who entered the DROP prior to October 3, 2006.

(r)

Effective July 8, 2010, police officers who have not yet entered the DROP and upon entering the DROP select to have their DROP accounts earn interest on the most recent assumed rate of return of the actuarial valuation shall have their DROP investment rate revert to the actual earnings of the plan for the preceding year upon exiting the DROP. This provision shall not apply to those police officers who entered the DROP prior to July 8, 2010.

(Ord. No. 2021-019, § 7, 10-6-2021)

Pursuant to the requirements of F.S. §§ 175.351(6) and 185.35(6), a defined contribution plan (DC plan) is hereby created as a component of the plan, but will not be activated unless and until a portion of the F.S. chs. 175 and 185 premium tax revenues have been assigned to fund the DC plan. The provisions of the DC plan, when and if activated, shall be negotiated at the time funding has been assigned to the DC plan. Assignment of premium tax revenues can result either from agreement between the parties, or from application of the provisions of F.S. chs. 175 and 185.

(Ord. No. 2021-019, § 7, 10-6-2021)

(a)

All annual premium tax revenues received by the city in accordance with F.S. chs. 175 and 185 shall be applied to reduce the city pension contribution.

(b)

All funds in the excess state monies reserve shall be applied to reduce the city pension contribution.

(Ord. No. 2021-019, § 7, 10-6-2021)

Pursuant to F.S. § 112.215(5), the city hereby adopts and establishes a deferred compensation program for itself and for the benefit of all city employees who wish to participate in said program. Plan documents and related agreements are maintained on file in the city clerks office.

All assets in the deferred accounts, property and rights purchased with deferred amounts, and all income attributable to such deferred amounts, property or rights, shall (until made available to the participating employee or beneficiary) be held in a trust, custodial account, or annuity contract as described in the Internal Revenue Codes, more particularly section 457(g), for the exclusive benefit of the participating employees and their beneficiaries.

(Ord. No. 2004-24, § 1, 9-21-2004; Ord. No. 2021-019, § 8, 10-6-2021)

Note— Formerly § 21-341, see editor's note for this division.

The city manager, or his designee, shall be authorized to maintain the deferred compensation program in accordance with federal, state and local law. If federal, state or local law affect the program, the city manager shall provide a written impact statement to each city commissioner. Any and all other changes to the plan must be approved by a majority of the city commission.

The city manager or appointed designee is hereby authorized to execute, on behalf of the mayor, all necessary agreements, trust documents, and any other documents required to administer the deferred compensation program, and any for city contributions as are necessary.

(Ord. No. 2004-24, § 1, 9-21-2004; Ord. No. 2021-019, § 9, 10-6-2021)

Note— Formerly § 21-342, see editor's note for this division.