R-1207-12 RESOLUTION NO. 1207-12
A RESOLUTION OF THE MIAMI SHORES VILLAGE COUNCIL
SUPPORTING POLICE OFFICER PENSION PLAN AND
DISABILITY PRESUMPTION REFORMS TO MAKE THE PLANS
SUSTAINABLE,SOUND AND SECURE FOR CURRENT AND
FUTURE POLICE OFFICERS.
WHEREAS, to honor their services now and in years to come, current and future police
officers in Miami Shores Village deserve pension plans that are sound,secure and sustainable;and,
WHEREAS, Miami Shores Village opposes unfunded mandates from the Florida Legislature
that have created a pension plan system for local police officers that is unstable, unsustainable and
unreliable for current and future police officers;and,
WHEREAS, the Florida Legislature has imposed significant unfunded mandates onto Miami
Shores Village relative to the operation of the Village's police officer defined benefit pension plan by
mandating minimum pension benefit levels and mandating the use of revenues to fund pension plan costs;
and,
WHEREAS, the Florida Legislature has provided that health conditions related to heart
disease, hypertension or tuberculosis suffered by a police officer is 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, Miami Shores Village is seeking immediate mandate relief from the Florida
Legislature and 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.
NOW, THEREFORE, BE IT RESOLVED BY THE NIIAMI SHORES VILLAGE
COUNCIL:
Section 1. That Miami Shores Village hereby supports responsible police defined benefit pension
and disability presumption reforms to help ensure that sound, secure and stable pensions will be there for
current and future police officers.
Section 2. That Miami Shores Village believes local issues should be addressed locally and hereby
requests the Florida Legislature to remove itself from the local collective bargaining process between
Miami Shores Village and its police officers.
Section 3. That Miami Shores Village hereby requests the Florida Legislature to remove mandates
establishing minimum pension benefit standards for police officer pensions, remove the requirement to
provide new, extra pension benefits to police, and allow Miami Shores Village to use insurance premium
tax revenues to pay for the level of pension benefits for police officers that meet the needs and priorities
of the Village.
Section 4. That Miami Shores Village 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 officers by requiring a police officer to meet age and employment standards,
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
use,weight and diet,genetics and lifestyle choices.
Section 5. That Miami Shores Village urges the Florida Legislature to pass and the Governor to
approve the above responsible pension reform recommendations relating to police pension plans and
disability presumptions in the 2012 legislative session.
Section 6. That the Village Clerk is directed to transmit a copy of this resolution to Governor Rick
Scott,the Florida Legislature,and the Florida League of Cities.
Section 7. That this resolution shall become effective immediately upon its adoption.
PASSED on this 3 day of January, ,2012.
JimCoy, ayor
ATTEST:
LAW
Barbara A.Estep,MMC
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan
Village Attorney