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Fort Walton Beach Council agenda — 04-08-08 regular agenda — reading text
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16 Council not to interfere in appointments or removals; violation a misdemeanor;
forfeiture of office
Discussion ensued on the recourse available to Council regarding any situation with an
employee.
The City Manager explained that Council would go to her to discuss any individual
employee or concerns she may need to act upon. It was requested that the City Attorney provide
an interpretation on the meaning that Council shall not give " orders" to any subordinate of the
city, and provide clarification on forfeiture of office and removal process.
Section 16 was identified for discussion at the final workshop.
Section 17 Duties of manager
There were no changes for Section 17.
Section 18 Manager' s and officer' s right to participate in council meetings
Discussion ensued on participation in council meetings and confusion over the meaning of "other
officers of the city as may be designated by vote of the council ". During discussion it was
expressed that the Boards and Committees fall under that category; that the Boards work directly
for Council; and that the practice has been that Council will listen to anyone who wants to speak,
or to anyone on staff delegated by the City Manager to present information.
There were no changes for Section 18
Section 19 Administrative departments
There were no changes for Section 19.
Section 20 Departments to be supervised by a director
Discussion was held on the verbiage that there shall be a Director of each Department, and
whether or not a Manager can be a department head.
Section 20 was identified for discussion at the final workshop.
City Attorney arrived at 6: 17 p.m.
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Council Workshop 3 - 18 -08
POSITION OF FINANCE DIRECTOR
The City Manager noted Council was provided information on a survey on the reporting and
hiring authority for the position of Finance Director in the Florida Public Personnel Association.
She noted Finance Procedures is scheduled for discussion at the next workshop.
PUBLIC INPUT
The Mayor opened the floor for public input.
Kabe Woods, 240 Brooks Street, referenced Section 16, the fourth sentence that begins with
Except for the purpose of inquiry" and suggested the entire sentence be reviewed instead ofjust
the word " orders" because the entire sentence qualifies what is in the sentence.
PENSION WORKSHOP MEETING
25th
The Mayor reminded Council of the workshop scheduled for next Tuesday, March to discuss
the General, Police and Fire Pension Plans. The City Manager mentioned the Police and Fire
Pension Attorney Lee Dehner; the Police and Fire Actuary, Brad Heinrichs with Foster and
Foster; and the General Plan Attorney Jim Linn, will all be present at the workshop to answer
any questions.
STRAGEGIC MEETING
The City Manager reported two members of Council cannot meet with Dr. Marlowe on April
18th so she will coordinate a couple of dates with Dr. Marlowe to schedule another strategic
meeting in May.
REFERENDUM QUESTION
The question was asked of the City Attorney whether a referendum would be needed to clarify
wording in the Charter on an Acting City Manager. The City Attorney pointed out the
information provided on Municipal Law that affects anything they can put into the Code and that
the first two pages discuss what is required for a referendum. She explained a referendum is not
necessarily required for redefinition of boundaries, for the abolishment of Municipal
Departments, and for amendment of language that has been judicially construed. She said the
answer to the question as to an Acting City Manager would require referendum.
ADJOURNMENT
Being no further business, the meeting adjourned at 6: 30 p.m.
MAYOR:
ATTEST:
CITY CLERK
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65
MINUTES OF THE COUNCIL WORKSHOP MEETING
GENERAL, POLICE AND FIRE PENSION PLANS
OF THE CITY OF FORT WALTON BEACH, FLORIDA
MARCH 25, 2008
INTRODUCTION
A Council Workshop Meeting of the City Council of Fort Walton Beach, Florida, was held
on Tuesday, March 25, 2008, at 5: 30 p. m. in the Council Chambers of City Hall with the
following members present:
1
Mayor Mike Anderson
Councilmen: Mike Holmes, Virgil Miller, Dennis Reeves, Bill Garvie, Dr. Wayne Pullen, Jim
Hartwell, and Mike Minich, Mayor Pro Tern
Also Present: Joyce Shanahan, City Manager; Helen Spencer, City Clerk; Finance Director
Position vacant); Toni Craig, City Attorney; Department Directors
PURPOSE OF MEETING
Review of General Employees', Police Officers' and Firefighters' Pension Plans. Mr. Jim
Linn from Lewis, Longman & Walker, legal counsel for General Employees' Plan, Mr. Lee
Dehner, from Christianson & Dehner, legal counsel for Police and Fire Plans, and a
representative from Foster & Foster, actuary for Police and Fire Plans, will be in
attendance.
CALL TO ORDER
The Mayor called the meeting to order.
PLEDGE OF ALLEGIANCE
The Mayor led in the Pledge of Allegiance.
GENERAL, POLICE, FIRE PENSION PLANS
The Mayor introduced Lee Dehner, Christianson & Dehner; Brad Heinrichs, Foster &
Foster, Actuarial Consulting; Jim Linn, and Glenn Thomas, Lewis Longman & Walker.
Lee Dehner of Christianson & Dehner, legal counsel for the Police and Fire Plans,
discussed the distinctions between the Police Officers' Pension Board and the Firefighters'
Pension Board with the General Employees Fund. He noted the Police Officers' and
Firefighters' Pension Boards do have the same fiduciary responsibility as the General
Employees Pension Fund but, unlike the General Fund where there is a Pension -Board of
Advisors, they are the Board of Trustees and they are charged with the final authority of
administering the Firefighters' and Police Officers' Pension Plan. He mentioned another
significant difference between the Police, Fire and General Employees Plans relates to
funding of the Plans. He noted the funding of all three Plans occur through member
contributions, as well as City contributions as the City is responsible under Florida Statutes
112 to fund the Plans to actuarial soundness by the amount determined by the Actuary for
each of the Plans. He mentioned there is a funding source enjoyed by the Police Officers'
and the Firefighters' Pension Plans that is not enjoyed by. the General Employees Plan.
He explained in the 1930' s the Legislature determined that because of the nature of the
work performed by the firefighters and police officers that they should be provided an
opportunity to retire at an earlier age and be provided with funding to enable them to do
that, which resulted in the Insurance Premium Tax Rebate Program.
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Council Workshop 3 -25 -08
PENSION PLANS cont.
Mr. Dehner explained in the case of the firefighters, every resident of the City pays a
1. 85% premium tax on property insurance policy; and in the case of the police officers a
85% tax on casualty insurance is paid. He said if each of those Plan complies with
minimum requirements per Florida Statutes, Chapter 175 for Firefighters and Chapter 185
for Police Officers, then they are eligible to receive those monies back as a funding source
to the retirement plans.
Brad Heinrichs, Foster and Foster, Actuary for the Police Officers' and Firefighters' Plans,
advised his main role is to ensure the Plans are funded to actuarial soundness. He
1St
explained in order to do that they collect census data every October and perform an
actuarial evaluation to help develop a contribution amount that for the fiscal year that will
be sufficient, if made as a level percentage of payroll, to pay for the each retirees benefit
for as long as they live so that, theoretically, if something were to happen to the City and it
no longer existed, there would still be enough money in the trust to take care of the
retirees. He said it is important to understand, their job is to try to fund those programs as
a level percentage of payroll so that if everything works the way they anticipate, the cost
will be stable and predictable. He mentioned looking at this year vs. last year, the total
required contribution for the Firefighters' Fund was 23. 9% of payroll and went down by .4%
of payroll; and for the Police Officers' it was constant at 25.7% of payroll. He said that is
telling them that the Pension Boards are doing a very good job of making actual
assumptions and in helping fund the programs. He said the Plans are well funded and in
both cases if they were to shut down the programs today and give every member a lump
1St,
sum value of what they have accrued as of October they would have enough money in
each fund to fully accomplish that task, those Plans are fully funded on an accrued basis.
He also said that both funds, in terms of a contribution requirement to the City with 14. 6%
of payroll for the fiscal year ending 2009 for Police and 10.2% of payroll for the Fire, that
relative to neighbor and other peers in the State it is a relatively light amount in terms of
the requirement.
Jim Linn, Lewis, Longman & Walker, pointed out the matrix that gives a summary overview
of the benefit structure of all three Plans. He noted the Plans are very similar in most
respects in terms of the benefits being provided to the employees with the major difference
between the Police, Fire, and General Plans being the normal retirement date. He
explained by Statute they the Police can retire at age 55 and Fire can retire at age 52 with
25 years of service, but with General it is at age 62. He pointed out Mr. Tierney's most
recent valuation for the General Fund shows the City's contributions for the General Plan
have been relatively stable for the past two years and looking ahead to next year Mr.
Tierney has projected a slight decrease in the contribution requirement of the City in terms
of percent of payroll, with about 15. 8% for this year going down to 14.8% next year.
Mr. Miller advised his reason for requesting this meeting was to obtain a better
understanding of the working of the pension plans. He expressed concern that after so
many years there is no requirement to pay into the fund and that people are allowed to
work without paying into the pension fund, and expressed concern that the retirees may be
receiving a larger COLA than given the present employees, which he personally did not
think was fair. He mentioned the upcoming budget cycle where Council will be looking at
efficiencies and tightening of belts, and thought Council may need
