HomeMy WebLinkAboutOrdinance 15528ORDINANCE NO. ~`~~~~
AN ORDINANCE AMMI;NDING ORDINANCE NO. 13543, AS
PREVIOUSLY AMENDED BY ORDINANCES NOS. 13672, 13673, 13674,
13842, 14641, AND 15334, CODIFIED AS CHAPTER 2, ARTICLE VI,
DIVISION 1, ENTITLED "EMPLOYEES' RETIREMENT FUND," OF
THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED,
WHICH ORDINANCES ESTABLISH AND PROVIDE FOR A
RETIREMENT SYSTEM, RETIREMENT PLAN AND BENEFITS
THEREUNDER FOR EMPLOYEES OF THE CITY OF FORT WORTH;
MODIFYING THE ELECTION PROCEDURES FOR EMPLOYEE AND
RETIREE BOARD MEMBERS; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS;
That Ordinance No. 13543, as previously amended by Ordinances Nos. 13672, 13673,
13674, 13842, 14641 and 15334, codified as Chapter 2, Article VI, Division 1 of the Code of the
City of Fort Worth (collectively "the Retirement Ordinance"), is hereby amended as follows:
SECTION 1.
Chapter 2, Article VI, Division 1, Section 2-214(A), ("Achiiinistration") of the
Retirement Ordinance is amended by changing subsection 1, "Directors elected by employees"
as follows:
b. Method of Nominating Active Members for Election.
Nominations of active Members for election to the Board
of Directors shall be by petition only. Before June 1 of
each election year, the Executive Director shall malce
available to employees of each employee group eligible to
vote in the scheduled election petition forms with written
instructions. Petitions containing the names of nominees
shall be returned to the Executive Director prior to June 15
of said election year. Nominees may use copies of the
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petition form or may create their own petition forms,
provided each page of each returned petition shall identify
the name of the nominee, the Department in which the
nominee is employed, the employee group of which the
nominee is a member, and the place on the Board of
Directors for which the employee is being nominated. No
person's name shall be placed upon the official ballot as a
nominee unless that person is nominated by petition. Said
nominating petition must contain the signature and
employee number of at least one hundred (100) members of
the employee group who are qualified to vote for said place
on the date said petition is submitted to the Executive
Director. Only those employees who are Members of the
Fund shall be entitled to be listed upon the official ballot as
a nominee. No person's name shall be placed upon the
official ballot as a nominee for Place 1 unless that person is
a member of Employee Group A. No person's name shall
be placed upon the official ballot as a nominee for Place 2
unless that person is a member of Employee Group A. No
person's name shall be placed upon the official ballot as a
nominee for Place 3 unless that person is a member of
Employee Group B. No person's name shall be' placed
upon the official ballot as a nominee for Place 4 unless that
person is a member of Employee Group C. No person's
name shall be placed upon the official ballot as a nominee
for Place 5 unless that person is a member of Employee
Group D. No person's name shall be placed upon the
official ballot as a nominee for Place 6 unless that person is
a member of Employee Group E. No person's name shall
be placed upon the official ballot as a nominee for Place 7
unless that person is a member of Employee Group F..
c. Method of Electing Employee Directors.
The Executive Director shall provide for an election
procedure as authorized by the Board, including but not
limited to voting by mail, telephone, and electronic means,
and which may be conducted by a third-party voting
service. The Executive Director shall prepare an official
ballot for each place, listing in alphabetical order according
to surname the nominees for election to that place. If,
however, there is only one nominee for any place, there
shall be no election for that place, and such nominee shall
automatically be elected to the Board of Directors. Only
the names of those persons who are nominated by petition
as prescribed herein shall be placed upon the official ballot.
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No person shall be elected as a director whose name does
not appear upon the official ballot as a nominee. Ballots
shall be made available. to the Members no later than July
1. Each employee qualified to vote in said election shall
vote for one nominee only in each Place that the employee
is qualified to vote. Employees in Employee Group A shall
vote for nominees to Place 1 and Place 2. Any ballot
containing votes of two (2) or more persons, or for persons
who are not nominees as prescribed herein, shall be
declared invalid,, and shall not be counted. All ballots must
be cast no later than August 1. Votes cast by written ballot
must be returned no later than August 1. If the ballot is
returned by mail, the envelope must be postmarked by
August 1. The Executive Director or a designated third
party shall tabulate all votes for all nominees. The nominee
for each place who receives a majority of the votes cast for
that place shall be declared elected to the Board of
Directors. Following the tabulation of votes, the Executive
Director shall submit the result of same to the Board of
Directors at a meeting to be held before September 1 of
said election year, at which time the Board shall canvass
the results of said election and certify which nominees are
elected to the Board of Directors. If, at the time of
canvassing said results, the nominee receiving the majority
of votes for said place is no longer eligible to serve on the
place to which that nominee was elected, then the nominee
finishing second in the election shall be certified by the
Board as elected to the Board of Directors.
If there is more than one nominee and no nominee receives
a majority of the votes cast for any one place, or if there is
a tie for any one place, then arun-off election shall be held,
with ballots made available to the Members qualified to
vote for that place no later than September 1 and in the
same manner as prescribed for the first election. Only the
names of candidates who tied for the highest number of
votes cast for that place in the first election, or the two (2)
candidates who received the highest number of votes with
neither having a majority of votes cast for that place, shall
be printed on the ballot for the run-off election. All ballots
for the second election must be cast by October 1. Votes
cast by written ballot must be returned by October 1. If a
ballot is returned by mail, the envelope must be postmarked
by October 1. The Executive Director or a designated third
party shall tabulate the votes for the candidates in the run-
off election. The candidate receiving the highest number of
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votes cast for that place in the run-off election shall be
declared elected to the Board of Directors.
In the event of a tie vote at the second election, the
candidates who tie shall cast lots in the presence of the
Board of Directors to determine which one shall be
declared elected. Following the tabulation of votes in the
run-off election, and the casting of lots in case of ties, the
Executive Director shall submit the results of same to the
Board of Directors at a meeting to be held before
November 1 of said election year, at which time the Board
shall canvass the results of the run-off election and certify
which nominees are elected to the Board of Directors. If, at
the time of canvassing the results of the run-off election,
the nominee elected to serve on said Board is no longer
eligible to serve on the place to which he or she was
elected, then the nominee finishing second in the election
shall be certified by the Board as elected to the Board of
Directors.
s>ECTaoly a.
Chapter 2, Article VI, Division 1, Section 2-214(A) ("Administration") of the Retirement
Ordinance is amended by changing subsection 2, "Directors elected by retired members" as
follows:
b. Nomination of Retiree Members for Election.
Nomination of the retired Members for election to the
Board shall be by letter of nomination only. Before June 1
of each election year, the Executive Director shall make
available to retired Members official letter of nomination
forms with written instructions. Copies of the letter of
nomination may be used. Completed letters of nomination
shall be returned to the Executive Director prior to June 15
of each election year. Each returned letter of nomination
shall identify the retired member being nominated for the
Place for which the retired Member is being nominated and
must contain the signature and retired employee's Social
Security Number of the retired member mal~ing the
nomination. Any Member of Retiree Group A receiving at
least twenty-five (25) letters of nomination from Retiree
Group A shall be considered a nominee. for election to
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Place 8 on the Board. Any retired Member of Retiree
Group B receiving at least twenty-five (25) letters of
nomination from Retiree Group B shall be considered a
nominee for election to Place 9 on the Board. No person
shall be placed on the ballot as a nominee unless the person
is a retired Member who is nominated by letter of
nomination. Only retired Members may complete letters of
nomination.
c. Election of Retiree Board Members.
The Executive Director shall provide for an election
procedure as authorized by the Board, including but not
limited to voting by mail, telephone, and electronic means,
and which may be conducted by a third-party voting
service. The Executive Director shall prepare official
ballots for the election of the retiree Board Members,
listing the nominees in alphabetical order by surname.
Ballots for election of the retiree Board Members shall be
made available to all retired Members in Retiree Group A
or Retiree Group B no later than July 1. If there is only one
nominee for Place 8, there shall be no election for Place 8,
and the one nominee shall automatically be elected to the
Board of Directors. If there is only one nominee for Place
9, there shall be no election for Place 9, and the one
nominee shall automatically be elected to the Board of
Directors. Only the names of those persons who are
nominated by letters of nomination shall be placed on the
official ballots. No person shall be elected as director
whose name does not appear on the official ballots as a
nominee. To be considered valid, a ballot must be cast no
later than August 1. Votes cast by written ballot must be
returned no later than August 1. If the ballot is returned by
mail, the envelope must be postmarked by August 1.
Each retired Member qualified to vote in the election shall
vote for one nominee only. Any ballot containing votes for
two (2) or more persons, or for persons who are not
nominees as provided herein, shall be declared invalid and
shall not be counted. The Executive Director or a
designated third party shall tabulate all votes for all
nominees. The nominees for each Place receiving a
majority of votes cast shall be declared elected to the Board
of Directors. Following the tabulation of votes, the
Executive Director shall submit the results of same to the
Board of Directors meeting to be held before September 1
of the election year, at which time the Board shall canvass
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the results of the election and certify which nominees are
elected to the Board of Directors. If, at the time of
canvassing the results, a nominee receiving the majority of
votes is no longer eligible to serve, then a majority of the
directors remaining on the Board shall appoint to the Board
a retired Member from the appropriate Retiree Group to fill
Place 8 or 9 on the Board. The appointed Member shall
serve from October 1 of such even-numbered year through
September 30 of the next even-numbered year.
If there is more than one nominee for a Place and no
nominee receives a majority of the votes cast, or if there is
a tie, then arun-off election shall be held, with ballots
made available to the retired Members for that Place no
later than September 1 and in the same manner as
prescribed for the first election. Only the names of
candidates who tied for the highest number of votes cast for
that place in the first election, or the two (2) candidates
who received the highest number of votes with neither
having a majority of votes cast, shall be printed on the
ballot for the run-off election. All ballots for the second
election must be cast by October 1. Votes cast by written
ballot must be returned by October 1. If a ballot is returned
by mail, the envelope must be postmarked by October 1.
The Executive Director or a designated third party shall
tabulate the votes for the candidates in the run-off election.
The candidate receiving the highest number of votes cast in
the run-off election shall be declared elected to the Board
of Directors.
In the event of a tie vote at the second election, the
candidates who tie shall cast lots in the presence of the
Board of Directors to determine which one shall be
declared elected. Following the tabulation of votes in the
run-off election, and the casting of lots in case of ties, the
Executive Director shall submit the results of same to the
Board of Directors at a meeting to be held before
November 1 of said election year, at which time the Board
shall canvass the results of the run-off election and certify
which nominees are elected to the Board of Directors. If, at
the time of canvassing the results of the run-off election,
the nominee elected to serve on said Board is no longer
eligible to serve, then a majority of the directors remaining
on said Board shall appoint to the Board a retired member
from the appropriate retiree Group to fill Place 8 or Place 9
on the Board. The appointed member shall serve from
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November 1 of such even-numbered year through
September 30 of the next even-numbered year.
SEC'T'ION 3.
The Mayor and Council Communication ("M & C") which is presented
contemporaneously with this ordinance is hereby expressly incorporated herein by reference for
further clarification and explanation of the purposes. and intent of the Council in their adoption of
this ordinance.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances and of the Code of the
City of Fort Worth, Texas (1986), as amended, which shall remain in full force and effect, except
where the provisions of this ordinance are in direct conflict with the provisions of such
ordinances and such Code, in which event conflicting provisions of such ordinances and such
Code are hereby repealed.
SECTION 5.
It is hereby declared to be the intention of the City Council that the sections, paragraphs,
sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
7
incorporation in this ordinance of any unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 6.
The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this
ordinance by copying the caption and Sections 1 and 2 above into the minutes of the City
Council and by filing the ordinance in the ordinance records of the City.
SECTION 7.
This ordinance shall take effect and be in full force and effect following its adoption by
the City Council,
ANl3 I'I' IS SO OR®AIN7EI).
ADOPTED: ~~ , ~G`4~
EFFECTIVE: ~ca.X, o'~~ ~~
.APPROVED AS TO FORM AND LEGALITY:
~~G2'~
By: C lyn McFatridge,
Assistant City Attorney
8
City of Fort Worth, Texas
DATE REFERENCE NUMBER .LOG NAME PAGE
4/22/03 **G-'i 3950 12MODIFY 1 of 1
suB.1ECT AMENDMENT OF ORDINANCE NO. 13543, AS AMENDED BY ORDINANCE NOS.
13672, 13673, ..13674, 13842, 14641, AND 15334, CODIFIED AS CHAPTER 2,
ARTICLE VI, DIVISION 1, ENTITLED "EMPLOYEES' RETIREMENT .FUND," OF THE
CODE OF THE CITY OF FORT WORTH, TO MODIFY THE ELECTION PROCEDURES
FOR EMPLOYEE AND RETIREE BOARD MEMBERS
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Ordinance No. 13543,
as amended by Ordinance Nos. 13672, 13673, 13674,.13842, 14641, and 15334, codified as Chapter
2, Article VI, Division 1, entitled "Employees' Retirement Fund" of the Code of the City of Fort Worth, to
modify the election procedures for employee and retiree board members..
DISCUSSION:
The Retirement Board seeks to modify the election procedures, changing the dates for nomination for
candidates and the method of electing employee and retiree directors. The method of electing directors
would change to include voting by mail, telephone and electronic means, and may be conducted by a
third-party voting service.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director. certifies that upon adoption of the attached ordinance this action will require no
immediate expenditure of City funds. The Plan actuary has found that there will be no additional cost to
the fund associated with this amendment.
CB:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Bridgette Garrett 6183
Originating Department Head:
David Yett 7623 (from) APPROVED .04/22/03
ORD.# 1 SS28
Additional Information Contact:
James Keyes 8517
DATE REFERENCE NUMBER LOG NAME PAGE
..4/22/03 ~*f~-13950 ~ 12MODIFY 1 of 1
suB~ECT AMENDMENT OF ORDINANCE NO. 13543, AS AMENDED BY ORDINANCE NOS.
13672, 13673, 13674, 13842, 14641, AND 15334, CODIFIED AS CHAPTER 2,
ARTICLE VI, DIVISION 1, ENTITLED "EMPLOYEES' RETIREMENT FUND," OF THE
CODE OF THE CITY OF FORT WORTH, TO MODIFY THE ELECTION PROCEDURES
FOR EMPLOYEE AND RETIREE BOARD MEMBERS
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Ordinance. No. 13543,
as amended by Ordinance Nos: 13672, 13673, 13674, 13842, 14641, and 15334, codified as Chapter
2, Article VI, Division 1, entitled "Employees' Retirement Fund" of the Code of the City of Fort Worth, to
modify the election procedures for employee and retiree board members.
DISCUSSION: •
.The Retirement Board seeks to modify the election procedures, changing the dates for nomination for
candidates and the method of electing employee and retiree directors. The method of electing directors
.would change to include voting by mail, telephone and electronic means, and may be conducted by a
third-party voting service.
FISCAL INFORMATION/CERTIFICATION:.
The Finance Director certifies that upon adoption of the attached ordinance this action will require no
immediate expenditure of City funds. The Plan actuary has found that there will be no additional cost to
the fund associated with this amendment.
CB:r
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Bridgette Garrett 6183 f •-
Originating Department Head:
David Yett 7623 (from) APPROVED 04/22/03
ORD.# 15528
Additional Information Contact:
James Keyes 8517