O-725-16 ORDINANCE NO. 725-16
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, AMENDING CHAPTER 18,
ARTICLE III, SECTION 18-39 GENERAL EMPLOYEE PENSION BOARD; OF THE VILLAGE
CODE OF ORDINANCES, PERTAINING TO BOARD MEMBERS' APPOINTMENT AND TERMS,
PROVIDING FOR SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Village Council has expressed a desire to institute term limits for the various
Village Boards and Committees; and,
WHEREAS, the General Employee Pension Board is a Board whose members are periodically
appointed by the members of the Council; and,
WHEREAS, a Code amendment is required in order to accommodate the requested term limit
provisions;
NOW,THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL,that:
Section 1. Chapter 18, Article III, Section 18-39 (a) and (h) of the Village Code of Ordinances shall
stand amended to read as follows:
Sec. 18-39. Pension board- Function; membership; organization; meetings, appointment terms,
removal of members.
(a) Purpose; composition; terms. The general administration of the plan and the responsibility
for carrying out the provisions of the plan are hereby vested in a pension board. The
pension board shall be a legal entity with, in addition to other powers and responsibilities
contained herein, the power to bring and defend lawsuits of every kind, nature and
description. The pension board shall be composed of seven members: the village manager
ex-officio; three citizens of the village who hold no office in and are not employed by the
village; one council member ex-officio, other than the council member serving on the police
officers' pension board; and two active employees appointed by the council. With the
exception of the two ex-officio members,the board members shall each serve for a term of
two years, or until a successor is appointed. At least one year of residency in the Village is a
minimum qualification for appointment as a citizen member.
(h) Vacancies. Any member may resign at any time by delivering their resignation to the village
clerk and such resignation shall thereafter take effect as therein specified. Each member
shall hold office until his successor has been duly appointed except when removed by the
village council, and any member may be removed at any time by a majority vote of the
village council. Appointments to fill a vacancy shall be for the remainder of the unexpired
term. If any member fails to attend two of three successive meetings without cause or
notice, the board shall declare the member's office vacant, and the village council shall
promptly fill such vacancy for the remainder of the term.
Section 2. Chapter 18, Article III, Section 18-39 of the Village Code of Ordinances is hereby
amended by adding sub-paragraph (i),which said sub-paragraph reads as follows:
(i) Term limits. Notwithstanding any code provisions to the contrary, board members other
than ex-officio board members, commencing a non-consecutive term after January 1, 2016
shall serve no more than four consecutive terms. Incumbent board members, other than
ex-officio board members, holding office on January 1, 2016, regardless of their prior length
of service, may continue to serve on the board until their then existing term expires and
shall be eligible for reappointment by the council. Such reappointment would be deemed
the individual's second term with respect to the term limits set forth herein. Board
members other than ex-officio board members, may serve no more than four consecutive
two-year terms. Term limited individuals shall vacate their position for a minimum of one
regular term before becoming eligible for reappointment to the same board.
A 4/5 vote of the Council may override the stipulated term limit or residency requirement.
Section 3. If any section, clause,sentence, or phrase of this Ordinance is for any reason held invalid
or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 4. All Sections or parts of Sections of the Code or Ordinances, all Ordinances or part of
Ordinances, and all Resolutions or parts of Resolutions, in conflict with this Ordinance are repealed to
the extent of such conflict.
Section 5. This Ordinance shall be effective immediately upon adoption at second and final
reading.
PASSED ON first reading this 17th day of May , 2016.
PASSED AND ADOPTED ON second and final reading this 7th day of June , 2016.
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ATTEST: Alice Burch, Mayor
Barbara A. Estep, MMC
Village Clerk
APPROVED AS TO FORM:
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Richard Sarafan,Villag Attorney