Fort Walton Beach Resolution — 2013 -05 Support FD PD pension plan — reading text

RESOLUTION 2013 -5 A RESOLUTION OF THE CITY OF THE FORT WALTON BEACH SUPPORTING POLICE OFFICER AND FIREFIGHTER PENSION PLAN AND DISABILITY PRESUMPTION REFORMS TO MAKE THE PLANS SUSTAINABLE, SOUND AND SECURE FOR CURRENT AND FUTURE POLICE OFFICERS AND FIREFIGHTERS, AND SETTING AN EFFECTIVE DATE. Ff- Lep,5weC,4yi 4-kap-szo Evee,s WHEREAS, to honor their service now and in years to come, current and future police offices and firefighters in the City of Fort Walton Beach deserve pension plans that are sound, secure and sustainable; and WHEREAS, the City of Fort Walton Beach opposes unfunded mandates from the Florida Legislature that have created a pension plan system for city police officers and firefighters that is unstable, unsustainable and unreliable for current and future police officers and firefighters; and WHEREAS, state level police and fire unions have exercised undue influence on the Florida Legislature relating to the provision of city police officer and firefighter pensions and disability presumptions; and WHEREAS, the Florida Legislature has imposed significant unfunded mandates onto the City of Fort Walton Beach relative to the operation of the City' s police officer and firefighter defined benefit pension plans by mandating minimum pension benefit levels and mandating the use of revenues to fund pension plan costs; and WHEREAS, unfunded city police officer and firefighter mandates from the Florida Legislature result in a direct expenditure of local taxpayer dollars without the benefit of local taxpayer input; and WHEREAS, the Florida Legislature has provided that health conditions related to heart disease, hypertension, or tuberculosis suffered by a police officer or firefighter are presumed to be job related, and these " disability presumptions" are applicable to both workers compensation and disability pension claims; and WHEREAS, the Florida Legislature has written and the courts have interpreted the disability presumption laws so favorably toward these employees that cities and other government employers basically cannot overcome the presumption and show the health condition was not work related; and WHEREAS, the Florida Legislature transferred all operational and administrative control of police and firefighter pension plans from the City of Fort Walton Beach to a legislatively created board of trustees, a separate legal entity apart from the City that exercises broad powers outside of the City' s control, and is not required to provide fiscal transparency or accountability for substantial amounts of public funds, and WHEREAS, the City of Fort Walton Beach is seeking immediate mandate relief from the Florida Legislature and the requests the Legislature to untie its hands so that it can responsibly address its pension and other personnel issues locally and in a manner that best serves its taxpayers, stops potential pension abuse and protects pensions for current and future generations of police and firefighters. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FORT WALTON BEACH, FLORIDA: Section 1. That the City of Fort Walton Beach hereby supports responsible police and firefighter defined benefit pension and disability presumptions reform to ensure sound, secure and stable pensions will be there for current and future police and firefighters. Section 2. That the City of Fort Walton Beach believes local issues should be addressed locally and hereby requests the Florida Legislature to remove itself from the local collective bargaining between the City of Fort Walton Beach and its police and firefighters. Section 3. That the City of Fort Walton Beach hereby requests the Florida Legislature to remove mandates establishing minimum pension benefit standards for police and firefighter pensions, remove the requirement to provide new, extra pension benefits to police and firefighters, and allow the City of Fort Walton Beach to use insurance premium tax revenues to pay for the level of pension benefits for police and firefighters that meets the needs and priorities of the City. Section 4. That the City of Fort Walton Beach hereby requests the Florida Legislature to enact responsible reforms to bring a fairer balance to the application of disability presumption laws relating to certain health conditions suffered by police and firefighters by allowing a disability presumption to be overcome by a preponderance of the evidence, and allowing certain individual risk factors to be considered when applying a disability presumption, such as tobacco or alcohol use, weight and diet, genetics and lifestyle choices. Section 5. That the City of Fort Walton Beach hereby requests the Florida Legislature to impose reasonable fiscal transparency and accountability standards on legislatively created police and firefighter pension boards of trustees. Section 6. That the City of Fort Walton Beach urges the Florida Legislature to pass and the Governor to approve the above responsible reform recommendations relating to police and firefighter pension plans and disability presumptions in the 2013 legislative session. Section 7. That the City Clerk is directed to transmit a copy of this resolution to Governor Rick Scott, the Florida Legislature and the Florida League of Cities, Inc. Section 8. That this resolution shall be effective upon adoption and signature by the Mayor. dopted A&,- Mike Anderson, Mayor Attest: Approved for form and legal sufficiency: ykes, Jr., C' Atto Helen Spencer, dity Clerk Hayw  City of Fort Walton Beach America' s Most Beautiful Beaches 107 Miracle Strip Parkway, SW * Fort Walton Beach, Fl 32548 850) 833 -9500 * Fax ( 850) 833 -9640 www.fwb. or,g Mike Anderson TDD (850) 833 -9925 Mayor 850 -833 -9510 manderson(d- Owb.org 23 January 2013 The Honorable Rick Scott Office of the Governor 400 South Monroe Street Tallahassee, Florida 32399 -0001 Dear Governor Scott: At its regularly scheduled Council meeting of January 22, 2013, the Fort Walton Beach City Council adopted the attached Res. 2013 -5 supporting Police Officer and Firefighter Pension Plan and Disability Presumption Reforms to make the plans sustainable, sound and secure for current and future Police Officers and Firefighters. The City of Fort Walton Beach urges the Florida Legislature to pass and the Governor to approve the responsible reform recommendations relating to Police and Firefighter Pension Plans and Disability presumptions in the 2013 legislative session. Regards, r Mike Anderson Mayor mp Enc.  Meeting Minutes January 22, 2013 A RESOLUTION OF THE CITY OF FORT WALTON BEACH, FLORIDA, SUPPORTING POLICE OFFICER AND FIREFIGHTER PENSION PLAN AND DISABILITY PRESUMPTION REFORMS TO MAKE THE PLANS SUSTAINABLE, SOUND AND SECURE FOR CURRENT AND FUTURE POLICE OFFICERS AND FIREFIGHTERS, AND SETTING AN EFFECTIVE DATE. The City Manager informed that at the last meeting Council directed Staff to draft a resolution supporting Police Officer and Firefighter Pension Reform in the 2014 Legislative Session. The City Manager continued that Staff reviewed the short and long version templates provided by the Florida League of Cities and determined the short version was appropriate for the City. If adopted will be sent to the Governor, the Florida Legislature, and the Florida League of Cities. Dr. gossom moved to adopt Res. 2013 -5. Mr. Rynearson seconded motion and it carried unanimously. RESULT: ADOPTED [ UNANIMOUS] MOVER: joyce gossom, Council Seat 2 k Rynearson, Council Seat 7 AYES: Griggs, ssom, Goodwin, Nabors, Rigdon, Rynearson ORDINANCES -- FIRST READING There were no ordinances for first reading. ORDINANCES -- SECOND READING There were no ordinances for second reading. APPOINTMENTS - COUNCIL SEAT 3 VACANCY The City Manager advised the two candidates for Seat 3, Michael Holmes and John Mead, will be appointed by a majority vote by the Council and will be sworn in at the conclusion of The appointment will be to tonight's meeting, with their first official meeting on February 12. fill the Seat 3 vacancy until March 31, 2013. During the election of March 12, 2013, an individual will be elected to Seat 3 for a two year term beginning April 1, 2013 through March 3, 3015, Mr. Rigdon discussed the City Charter relating to vacancies and appointments by the City Council. The Mayor asked if the two nominees would like to speak. Michael Holmes thanked the Council for the nomination and support and would work for the best of the City. John Mead stated that both nominees are running for Seat 3 in the upcoming election and expressed concern that the person appointed this evening could be seen as being endorsed by the Council. Mr. Mead was informed this concern was addressed at the last meeting and Council was advised by the City Attorney that there is no legal barrier and the appointment is the decision of Council.