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Home My WebLink AboutOrdinance 11558~~r~~~~ ORDINANCE NO. '~`~~ • AN ORDINANCE AMENDING ORDINANCE NOS. 2999, 4060, 4250, 4304, 4354, 4430, 4860, 4861, 4873, 4875, 5226, 5259, 6393, 6556, 7056, 7317, 7875, 8674, 8843, 9247, 9532, 10081, 10291, 10369, 103.85, 10564, 10607, 10679, 11126, 11238, 11401, AND 11412, 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; DELETING THE RESIDENCY REQUIREMENT FOR TRUSTEES ELECTED BY EMPLOYEE MEMBERS OF FUND; MAKING THIS ORDINANCE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That Ordinance No. 2999, passed and adopted by the City Council of the City of Fort Worth on the 24th day of September, A.D. 1952, as amended by Ordinance Nos. 4060, 4250, 4304, 4354, 4430, 4860, 4861, 4873, 4875, 5226, 5259, 6393, 6556, 7056, 7317, • 7875, 8674, 8843, 9247, 9532, 10081, 10291, 10369, 10385, 10564, 10607, 10679, 11126, 11238, 11401, and 11412, be and the same is hereby amended as follows: SECTION 1. That Chapter 2, Article VI, Division I, Section 2-215, "Administration," Paragraph A. "Board of Trustees," Subsection 1. through Subsection l.a. of the Code of the City of Fort Worth (1986), as amended, be and is hereby further amended by substituting the following language in lieu thereof, and after such amendment, said Subsection 1. through Subsection l.a. shall read as follows, to wit: "1. Trustees Elected by Employees. . Five (5) trustees who are members of the Fund shall be elected by the employees of the City who are also members • of the Fund; said five (5) trustees shall serve in Places 1, 3, 5, 7, and 9, respectively. Each of the trustees shall be elected by one of the five (5) employee groups of the City as follows: Place 1. The trustee for Place 1 shall be elected by Employee Group A, which shall consist of those members of the Fund who are assigned to work in the Police Department of the City. Only members of the Fund who qualify for Employee Group A shall be eligible to vote for a nominee for Place 1. Only members of the Fund who qualify for Employee Group A shall be eligible to serve on Place 1 of the Board. Place 3. The trustee for Place 3 shall be elected by Employee Group B, which shall consist of those members of the Fund who are assigned to work in the Water and Sewer, Library, and Aviation Departments of the City. Only members of the Fund who qualify for Employee Group B shall be eligible to vote for a nominee for Place 3. Only members of the Fund who qualify for Employee Group B shall be eligible to serve on Place 3 of the Board. Place 5. The trustee for Place 5 shall be elected by Employee Group C, which shall consist of those members of the Fund who are assigned to work in the Municipal Court, Fire, Information Systems and Services, and Housing Departments of the City. Only members of the Fund who qualify for Employee Group C shall be eligible to vote for a nominee for Place 5. Only members of the Fund who qualify for Employee Group C shall be eligible to serve on Place 5 of the Board. Place 7. The trustee for Place 7 shall be elected by Employee Group D, which shall consist of those members of the Fund who are assigned to work in the City Services and the Transportation and Public Works Departments of the City. Only members of the Fund who qualify for Employee Group D shall be eligible to vote for a nominee for Place 7. Only members of the Fund who qualify for Employee Group D shall be eligible to serve on Place 7 of the Board. Place 9. The trustee for Place 9 shall be elected by Employee Group E, which shall consist of those members of the Fund who are assigned to work • -2- • in all other departments of the City not specified in Employee Groups A, B, C, and D. Only members of the Fund who qualify for Employee Group E shall be eligible to vote for a nominee for Place 9. Only members of the Fund who qualify for Employee Group E shall be eligible to serve on Place 9 of the Board. a. Term. In accordance with the nomination and election procedures prescribed herein, trustees shall be elected to Places 1, 3, 5, 7, and 9, and shall serve for a two (2) year term. Trustees shall be elected every odd numbered year and shall serve from October 1 of such odd numbered year through September 30 of the next odd numbered year. Should the employment status of any employee elected trustee change so that said trustee is no longer a member of the employee group from which the trustee was elected, then said trustee shall automatically forfeit the office of trustee. Should a vacancy occur, for whatever reason, in Place 1, 3, 5, 7, or 9 during the term thereof , then a majority of all trustees remaining on said Board shall appoint to the Board a qualified employee from the employee group whose place has been vacated, which qualified employee shall serve the remainder of the unexpired term. SECTION 2. CONTROLLING POWER OF ORDINANCE That provisions of this Ordinance shall be cumulative of and in addition to all other ordinances of the City of Fort Worth relating to pensions, which ordinances are hereby preserved and continued in force and effect; provided, however, that in the event of any conflict, the provisions of this Ordinance shall control.. SECTION 3. VALIDITY OF ORDINANCE If any provision, section, part, subsection, sentence, clause, phrase or paragraph of this Ordinance shall be declared invalid or unconstitutional, the same shall not affect any other portion or -3- provision hereof, and all other provisions shall remain valid and • unaffected by any invalid portion, if any, and the City Council now says that if it had known at the time of the passage of this Ordinance that any portion of said Ordinance was invalid, it would not have adopted such invalid part. SECTION 4. PREREQUISITES TO ORDINANCE The City Council finds that all acts, conditions and things required by provisions of the Constitution of Texas and Charter and ordinances of the City of Fort Worth precedent to and in the adoption of this Ordinance have been done, have happened and have been performed in proper and lawful time. SECTION 5. EFFECTIVE DATE This Ordinance shall be in full force and effect from and after January 1, 1994 and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ~~~~ ~L Ci Attorney l/ Q Date : ~ " Z-S - ~ T ADOPTED • " l.~i/~-, 3~ ~ `~ ~7 EFFECTIVE: • ._ 1 C TEXAS Date File Number Subject Adoption of Ordinance to Remove Residency Requirement 5/3/94 CP-186 for Retirement Fund Trustees Elected by City Employee Groups Proposed by councilmembers City Manager's Review ~~~ ~ ~~ Listed below C~ ~ ~~~~t Page 1 Of Prouosal• It is proposed that the City Council adopt the attached ordinance that amends the Retirement Ordinance to remove the requirement that members of the Board of Trustees of the Employees' Retirement Fund who are elected by City employee groups (Places 1, 3, 5, 7 and 9) be Fort Worth residents. Backaround• On July 14, 1992, the City Council adopted Ordinance No. 11126 which amended the Retirement Ordinance. The amendments included a new provision which requires that members of the Board of Trustees who are elected by the five City employee groups (Places 1, 3, 5, 7 and 9) be Fort Worth residents. The amendments further provide that if the residency status of an elected trustee changes so that the trustee is no longer a resident of Fort Worth; then the trustee automatically forfeits the office of trustee. Councilmember Jim Lane believes that the residency requirement is an unnecessary re,~striction on the rights of employees who desire to serve on the Board of Trustees. Adoption of the attached Ordinance would remove the requirement from the Retirement Ordi:naAc~ as pf January 1, 1994. Leaality• The City Attorney has reviewed this proposal and finds no legal impediments to its implementation Fiscal Note• The Director of Fiscal Services finds that this proposal would not require the expenditure of any City funds. ^ LEGALITY ^ FISCAL NOTE ^ CITY MANAGER'S COMMENTS ^ CITY POLICIES MANUAL COUNCIL PROPOSAL ~,.; r C~ Councilmember, District 6 Date File Number Subject Adoption of Ordinance to Remove Residency Requirement 5/3/94 CP-186 for Retirement Fund Trustees Elected by City Employee Groups Proposed by Councilmembers City Manager's Review Listed below Page 2 Of City Manager's Comments: This issue is a matter of policy to be decided by the City Council. Mayor Councilmember, District 2 Councilmember, District 3 Councilmember, District 4 Councilmember, District 5 b ~ yA { ~9~V ~ r~'j °4V~i~ ~_ ~ ~ ~ ^ LEGALITY ^ FISCAL NOTE ^ CITY MANAGER'S COMMENTS ^ CITY POLICIES MANUAL Councilmember, District 7 Councilmember, District 8 Councilmember, District 9 R TEXAS ^ 1' (,?.~w.~ aft Cits GyrGiec, tk c4 tt~ Citp ^t E'ori +'~e'it'., :a-~ss Adopfied Or~i~tar~2 No: ~~~ COUNCIL PROPOSAL