Fort Walton Beach Council agenda — 10-12-2006 ‎(regular)‎ — reading text

Walton Beach Utilities Operations Manager  CITY COUNCIL MEETING October 10, 2006 Regular Agenda Consideration of request to discuss " Reduction in City Budget by Consolidation of Services" Council Member Tucker) Council Action 1 st 2nd Vote: Agenda Item Number: RG- 5  CITY COUNCIL MEETING October 10, 2006 Regular Agenda Consideration of request for City Council to delegate the authority to the General Employees Pension Advisory Committee to make a determination of whether benefits are required to be forfeited Human Resources Director) Council Action 1 st 2nd Vote: Agenda Item Number: RG- 6  CITY OF FORT WALTON BEACH MEMORANDUM DATE: October 5, 2006 TO: Joyce Shanahan, City Manager FROM: Mark Wiltsie, Director of Human Resources SUBJECT: General Employees' Pension Plan - Pension Forfeiture Proceedings Background: On September 17, 2006, the City terminated two ( 2) employees who, during the course of a police admitted to theft of investigation, Both employees were, at the time of their city property. separation, vested in the retirement plan and eligible for pension benefits. Section 112. 3173, Florida Statuteprovides for the forfeiture of retirement benefits for certain specified offenses committed by public officers and employees. The statute provides as follows: Any public officer or employee who is convicted of a specified offense committed prior to retirement, or whose office or employment is terminated by reason of his or her admitted commission, aid, or abetment of a specified offense, shall forfeit all rights and benefits under any public retirement system of which he or she is a member, except for the return of his or her accumulated contributions as of the date of termination. ( 112. 3173( 3), F. S.) Discussion: Section 112. 3173, Florida Statute requires that when the pension board of a public retirement system has reason to believe that a member' s benefits under the pension plan are required to be forfeited under section 112. 3173, the board must give notice and hold a hearing in accordance with Chapter 120, Florida Statutes ( the Administrative Procedure Act), for the purpose of determining whether the member' s pension rights are required to be forfeited. If the board determines that such rights and privileges are required to be forfeited, the board shall order such rights and privileges forfeited. 112. 3173( 5), F. S.) In addition, the board provide reasonable notice to the employees, allowing them the must opportunity to provide written or oral evidence in opposition to the forfeiture. The employees may also provide the board with a written statement challenging the grounds upon which the board is to make its determination that the forfeiture is mandated. In this instance of the General Employees' Retirement Plan, the " board", referenced above, is the City of Fort Walton Beach City Council. According to the City' s pension legal counsel, Glenn Thomas with the firm of Lewis, Longman and Walker, P. A., the City Council must either conduct 027- 06 the hearings or direct the General Employees' Pension Advisory Committee to carry out the statutory requirements. In either case, the City' s pension legal counsel will represent the City' s interest in the proceedings. For City Council' s information, the following employees comprise the General Employees' Pension Advisory Committee: Mark Wiltsie, Chairman Helen Spencer, City Clerk Michael Beedie, Public Works, Operations Manager Anthony Anderson, Parks and Recreation, Recreation Coordinator The Finance Director, as the Plan Administrator, serves as the fifth member of the committee. Staff recommends that the City Council direct the General Employees' Pension Committee to serve in the capacity of the " board" in this instance and conduct the hearings consistent with State Statutes. By way of information, this recommendation is based on past practice that the Committee performs functions including approval or denial of disability pension benefits which are similar in nature to the forfeiture hearings. The Committee is also responsible for other administrative duties which include considering applications for early and normal retirements as part of their normal duties. As such, the Committee is more familiar with the procedures and processes associated with eligibility for pension benefits. In addition, having the Committee conduct the forfeiture hearings eliminates the possibility of a conflict should City Council be placed in a position of responding to litigation filed in response to the forfeiture findings. Recommendation: respectfully recommends City Council direct the General Employees' Pension Advisory Staff Committee to conduct the pension benefit forfeiture proceedings as described in this report. Respectfully submitted: vJv---.-' Mark Wiltsie Director of Human Resources Approved: I J yc Shanahan OkluA ~ City Manager 027 -06  Mark Wiltsie From: Glenn Thomas [gthomas@I w- law. com] nt: Wednesday, September 20, 20068:26 AM 0: Mark Wiltsie Subject: RE: Pension Forfeiture Issue committee to Yes, you should probably request formal approval from the council at the next meeting, for the pension advisory hold both determination hearings. Original Message----- From: Mark Wiltsie [ mailto: mwiltsie@fwb. org] Sent: Wednesday, September 20, 2006 9: 16 AM To: Glenn Thomas Cc: Joyce Shanahan Subject: RE: Pension Forfeiture Issue Glenn, and It that case I presume we would need formal city council approval requesting their approval to hold the hearings make the forfeiture determination. Do you agree? Mark Original Message----- From: Glenn Thomas [ mailto: gthomas@IIw- law. com] Sent: Wednesday, September 20, 2006 7: 59 AM To: Mark Wiltsie Subject: RE: Pension Forfeiture Issue Thanks. As to you question about the pension advisory committee- the advisory committee can hold the forfeiture determination hearing if the City Council directs them to do so. Original Message----- From: Mark Wiltsie [ mailto: mwiltsie@fwb, org] Sent: Tuesday, September 19, 2006 2: 46 PM To: Glenn Thomas Subject: RE: Pension Forfeiture Issue Glenn, Thanks for the information. Addresses for Godown and Bockover as follows: Edward Bockover 328 Lincoln Avenue Valparaiso. FL 32580 Clinton Godown 707 Mathis Lane Ft. Walton Beach. FL 32547 Thanks Mark Original Message----- From: Glenn Thomas [ mailto: gthomas@lIw- law, com] 10/ 5/ 2006  Sent: Tu~ ay, September 19, 2006 12: 47 PM To: Mal ' iltsie Subject: Pension Forfeiture Issue Mark- I have attached two draft forfeiture notices for your review. Please make sure that the facts are consistent. I have also attached a memo outlining the procedures for the pension board to follow. I will need the home addresses of the employees in order to send the attached notices Please call me if you have any questions. Glenn E Thomas Lewis. Longman & Vv' alkec P. A. PO 0788 ] 80'\: Tallahassee. Florida 32302 THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE IS ATTORNEY WORK PRODUCT AND ATTORNEY/ CLIENT PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONL Y FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER UF THIS MESSAGE IS NOT THE INTENTIED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIRUTION OR COPYING OF TIffS COMMUNICATION IS STRICTi Y PROHIBITED. IF YOU HA VE RECEIVED THIS CUMMUNICA TION IN ERROR. PLEASE IMMEDIA TEL Y NOTIFY US BY TELEPHONE UR EMAIL AND DELETE THIS MESSAGE THANK YOU 10/ 5/ 2006  LEWIS, loNGMAN & WALKER, P.A ATTORNEYS AT LAW REPLY To: TALLAHASSEE MEMORANDUM TO: Mark Wiltsie, Human Resources Director City of Fort Walton Beach FROM: Glenn E. Thomas DATE: September 19, 2006 RE: Pension Forfeiture Proceedings This responds to your inquiry as to the procedures applicable to a determination regarding the forfeiture of retirement benefits for two former employees. You indicated that the City employees at issue were terminated as a direct result of their admitted theft of City property. It is our understanding that the employees admitted the theft to police detectives who were conducting an investigation into thefts from the City' s vehicular service center. Section 112. 3173, Florida Statutes provides for the forfeiture of retirement benefits for certain specified offenses committed by public officers and employees. The statute provides as follows: Any public officer or employee who is convicted of a specified offense committed prior to retirement, or whose office or employment is terminated by reason of his or her admitted commission, aid, or abetment of a specified offense, shall forfeit