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

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 oftermination. 9 112. 3173( 3), F. S. Among the specified offenses which result in the forfeiture of an individual' s public pension is the committing, aiding, or abetting of any theft by a public officer or employee from his or her employer. The offense to which the employees admitted and which resulted in their termination is therefore among the specified offenses in Section 112. 3173 for which retirement benefits must be forfeited. Section requires that when the pension board of a public retirement system has reason 112.3173 to believe that a member' s benefits under the pension plan are required to be forfeited under Bradenton Jacksonville Tallahassee West Palm Beach 1001 3rd Avenue W cst 9428 Baymeadows Road Post Office Box 10788 ( 32302) 1700 Palm Beach Lakes Blvd. Suite 670 Suite 625 125 South Gadsden Street, Suite 300 Suite 1000 Bradenton, FL 34205 Jacksonville, FL 32256 Tallahassee, FL 32301 West Palm Beach, FL 33401 941) 708- 4040 904) 737- 2020 850) 222- 5702 561) 640- 0820 fax: (941) 708- 4024 fax: (904) 737- 3221 Fax: ( 850) 224- 9242 fax: (561) 640- 8202 September 19, 2006 Page 2 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. 9 112. 3173( 5), F. S. In accordance with Chapter 120, Florida Statutes, the board must provide reasonable notice to the employees that the board has reason to believe their City retirement benefits are required to be forfeited under section 112.3173, together with a summary of the factual, legal, and policy grounds on which the board relies. The board must then provide the employees ( or legal counsel) the option, at a convenient time and place, to present to the pension board or, if the parties so elect, a hearing officer, 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 has determined that forfeiture is mandated. The record of the hearing must include the following: The notice and summary of grounds. Evidence received. All written statements submitted. Any decision overruling objections. All matters placed on the record after an ex parte communication. The official transcript. Any decision, opinion, order, or report by the presiding officer. If the pension board determines that pension rights are required to be forfeited, Section 112. 3173 requires that the board order such rights and privileges forfeited. Such order of forfeiture of retirement system rights and privileges is thereafter appealable to the District Court of Appeal. Please call me if you have any questions concerning these matters. GET/ Norman M. Ostrau Bonnie J. WiUiams Chair Executive Director Albert P. Massey, ill Vice Chair Philip C.Claypool Michael W. Brown General Counsel Mike Carr State of Florida Kurt D. Jones COMMISSION ON EmICS 850) 488- 7864 Phone Latour " L T" Lafferty P. O. Drawer 15709 278- 7864 Suncom Charles Lydecker Tallahassee, FL 32317- 5709 850) 488- 3077 (FAX) Christopher T. McRae Thomas P. Scarritt,Jr. www. ethics. state. fl. us 3600 Maclay Blvd., South, Suite 201 Tallahassee,FL 32312 September 19, 2006 1"-", 3 Mr. Mark Wiltsie I 1 Board of Trustees General Employees' Retirement Plan P. O. Box 4009 Ft. Walton Beach, FL 32549 Dear Mr. Wiltsie, J l.. RE: Notification of Possible Forfeiture of Retirement Benefits RE: Clinton H. Godown Dear Mr. Wiltsie: Pursuant to Section 112. 3173( 4), forwarding to you notice Florida Statutes, I am received from the City Manager of Fort Walton Beach concerning Clinton H. Godown, a former employee of the City of Fort Walton Beach. This information is being provided to you to enable the City of Fort Walton Beach to determine whether the retirement rights and privileges of this individual should be forfeited, as provided in Section 112. 3173, Florida Statutes. If I may be of further assistance, please do not hesitate to contact me. Sincerely, tvdLdvr}~ Bonnie J. Williams Executive Director BJW: fmc Enclosures Cc: Joyce Shanahan, City Manager Norman M. Ostrau Bon ie.1. Williams Chair Executive Director Albert P. Massey, ill Vice Chair Philip C.Claypool Michael W. Brown Wf.~ General Counsel Mike Carr State of Florida Kurt D. Jones COMMISSION ON ETHICS 850) 488- 7864 Phone Latour " L T" Lafferty P. O. Drawer 15709 278- 7864 Suncom Charles Lydecker Tallahassee, FL 32317- 5709 850) 488- 3077 (FAX) Christopher T. McRae Thomas P. Scanitt,Jr. 3600 Maclay Blvd., South, Suite 201 www. ethics.state.fl. us Tallahassee, FL 32312 r-,> September 19, 2006 j Mr. Mark Wiltsie I.-,~..) Board of Trustees General Employees' Retirement Plan P. O. Box 4009 J Ft. Walton Beach, FL 32549 o w Dear Mr. Wiltsie, RE: Notification of Possible Forfeiture of Retirement Benefits RE: Clinton H. Godown Dear Mr. Wiltsie: Pursuant to Section 112.3173 ( 4), Florida Statutes, I forwarding to you notice am received ITom the City Manager of Fort Walton Beach concerning Edward E. Bockover, a former employee of the City of Fort Walton Beach. This information is being provided to you to enable the City of Fort Walton Beach to detennine whether the retirement rights and privileges of this individual should be forfeited, as provided in Section 112. 3173, Florida Statutes. If I may be of further assistance, please do not hesitate to contact me. Sincerely, Bonnie 1. Williams Executive Director BJW: fmc Enclosures Cc: Joyce Shanahan, City Manager  4[';". ' )~!~: j'-." f " v /": .' , 0-' TDD ( 850) 833- 9925 Joyce Shanahan City Manager ishanahanf{ V,fwb. org September 12, 2006 Bonnie J. Williams, Executive Director State of Florida, Commission on Ethics P. O. Drawer 15709 Tallahassee, FL 32317- 5709 Re: Notice Pursuant to g 112.3173 ( 3)( c), F. S.: City Employee Clinton H.Godown Dear Ms. Williams: This letter constitutes notice, pursuant to section 112.3173, Florida Statutes, that City of Fort Walton Beach employee, Clinton H. Godown, was tenninated after admitting to investigators with the Fort Walton Beach Police Department, to committing a theft of City property. Under Florida law, Mr. Godown' s rights and benefits under the City' s retirement plan are subject to forfeiture, except for a return of his contributions. ~ 112.3173 ( 3), F .S. By copy of this letter, the Board . of Trustees of the City of Fort Walton Beach General Employees' Retirement Plan has been notified of MI'. Godown' s tennination. The Board of Trustees will detennine whether Mr. Godown' s benefits are required to be forfeited Please contact me if additional action is required by thf; City. Sincerely, LQ /\ A11 I~ h~ aI{~ Jpyqf~ City Manager cc: Mark Wiltsie, Human Resources Director & Chair, Board of Trustees, General Employees' Retirement Plan 011- 06