§ 33.79. Administration.

(A)

Effective October 1, 2016, the general administration and responsibility for the proper operation of the retirement system and for making effective the provisions of this subchapter are vested in a Board of Trustees consisting of five (5) members as follows:

(1)

Two (2) legal residents of the City to be appointed by the City Commission;

(2)

Two (2) full-time City firefighters as defined in F.S. § 175.032, to be elected by all active members as provided herein; and

(3)

A fifth member, who shall be chosen by a majority of the other four (4) members. Such person's name shall be submitted to the City Commission, which shall, as a ministerial act, appoint such person to the Board of Trustees.

(B)

Each appointed member shall serve as trustee for a period of four (4) years, unless sooner replaced by the City Commission, at whose pleasure he or she serves, and may succeed himself or herself as a trustee. Each elected firefighter member shall serve as trustee for a period of four (4) years, unless he or she sooner leaves the employment of the City as a firefighter, whereupon a successor shall be chosen in the same manner as the original election. Each elected firefighter trustee may succeed himself or herself in office. The fifth member shall have the same rights and duties as the other trustees, shall serve as trustee for a period of four (4) years, and may succeed himself or herself in office.

(C)

The elective trustees shall be elected in the following manner, to wit: by vote of all active firefighter members at meetings to be held at places designated by the City Manager, of which meetings all qualified members entitled to vote shall be notified in person or by mail ten (10) days in advance of the meeting. The candidate receiving the highest number of votes for each office shall be declared elected and shall take office immediately upon commencement of the term of office for which elected or as soon thereafter as he shall qualify therefor. An election shall be held not more than thirty (30) and not less than ten (10) days prior to the commencement of the terms for which trustees are to be elected. The City Manager shall establish the election procedure for the initial election. Thereafter, it shall be the duty of the Board of Trustees. The Board of Trustees shall meet, organize and elect one of their members as chairperson and one member as vice chairperson, within thirty (30) days after trustees are elected and duly qualified, and annually thereafter.

(D)

If a vacancy occurs in the office of trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled.

(E)

The trustees shall serve without compensation, but they may be reimbursed from the Trust Fund for all necessary expenses which they may actually expend through service on the Board.

(F)

Each trustee shall, within ten (10) days after his appointment or election, take an oath of office before the City Clerk, that so far as it develops upon him he will diligently and honestly administer the affairs of the Board, and that he will not knowingly violate or willingly permit to be violated any of the provisions of the law applicable to the retirement system. The oath shall be subscribed to by the members making it and certified by the Clerk and filed in the office of the City Clerk.

(G)

Each trustee shall be entitled to one vote on the Board. Three (3) affirmative votes shall be necessary for a decision by the trustees at any meeting of the Board. The chairperson shall have the right to one vote only.

(H)

Subject to the limitations of this subchapter, the Board of Trustees shall from time to time establish uniform rules and regulations for the administration of funds created by this subchapter and for transactions of its business, including provisions for expulsion due to nonattendance of its members which could result in a vacancy.

(I)

The Board of Trustees shall by majority vote of its members appoint a secretary who shall be one of its members. It shall engage actuarial and other services as shall be required to transact the business of the retirement system. The compensation of all persons engaged by the Board of Trustees and all other expenses of the Board necessary for the operation of the retirement system shall be paid at those rates and in amounts as the Board of Trustees shall agree. Funds may be disbursed by the City Finance Department or other disbursing agent as determined by the Board, only upon written authorization by the Board of Trustees.

(J)

Any trustee who neglects the duties of his office as determined by the Board, may be removed by four (4) concurring votes among the Board of Trustees.

(K)

The duties and responsibilities of the Board of Trustees shall include, but not necessarily be limited by, the following:

(1)

To construe the provisions of the system and determine all questions arising thereunder;

(2)

To determine all questions relating to eligibility and participation;

(3)

To determine and certify amount of all retirement allowances or other benefits hereunder;

(4)

To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the system;

(5)

To distribute at regular intervals to employees information concerning the system;

(6)

To receive and process all applications for participation and benefits;

(7)

To authorize all payments whatsoever from the Fund and to notify in writing the disbursing agent of approved benefit payments and other expenditures arising through operation of the system and fund;

(8)

To have performed actuarial studies and annual actuarial valuations and make recommendations regarding any and all changes in the provisions of the system;

(9)

To perform those duties as are specified in this subchapter.

(Ord. No. 17-16 , § 2, passed 10/4/16; Ord. No. 18-18 , § 2, passed 9/6/18)