HomeMy WebLinkAboutO-08605ORDINANCE NO. 8605.
AN'EMERGENCY-ORDINANCE AMENDING CERTAIN
SUBSECTIONS OF THE MIAMI CITY.GENERAL
EMPLOYEES' RETIREMENT PLAN, ORDINANCE
5624, MAY 2, 1956, AS AMENDED, AS APPEARING
IN CODIFICATION FORM AS A PART OF CHAPTER 2
OF THE CODE OF: THE CITY OF'MIAMI, FLORIDA,
1957, AS,AMENDED BY PROVIDING THAT UPON A
MEMBER'S DISMISSAL FROM EMPLOYMENT FOR WILLFUL.
MISCONDUCT ASSOCIATED WITH THE DUTIES OR • :-
"RESPONSIBILITIES OF HIS OR HER EMPLOYMENT,
WITH THE CITY, THAT .THE FOLLOWING WILL TAKE
PLACE: HALL OWNERSHIP RIGHTS,• TITLES, AND
INTERESTS IN SAID MEMBER'S CONTRIBUTIONS
TO..THE'PLAN SHALL IMMEDIATELY VEST:IN SAID.
DISMISSED EMPLOYEE AND.SAID DISMISSED. EMPLOYEE
SHALL NO LONGER_.BE ABLE TOAPPLYFOR ANY
PENSION BENEFITSWHATSOEVER UNDER THE'PLAN;,
;FURTHER PROVIDING'THAT SHOULD'SAID DISMISSAL
BE REVERSED BY:THE CITY MANAGER OR A COURT
:OF FINAL JURISDICTION,. THE EMPLOYEE, AT HIS
OR HER OPTION, MAY ELECT TO: RECONVEY
ALL.OWNERSHIP RIGHTS,::TITLES, AND.INTERESTS
IN HIS OR HER CONTRIBUTIONS.TO.THE PLAN,
AND FURTHER BE'PERMITTED'TO PAY BACK ,FOR
ANY LOST SERVICE TIME AND ENJOY UNINTERRUPTED:
SERVICE. FOR THE'PERIOD OF TIME HE OR SHE, MAY
HAVEBEEN.SODISMISSED; REPEALING ALL
ORDINANCES, CODE SECTIONS OR PARTS. THEREOF'
IN CONFLICT,:INSOFAR AS THEY ARE IN CONFLICT,
AND CONTAINING'A SEVERABILITY PROVISION.
n1i tfttAS r the Miami City employees s .ftetiteineht System
and the Miami City Oehetai t ployees' Petiretnefit Plan (Otdiiiande
No. 2230, bedeftber 6, 19 9, and Ordinance Nos 5624, May 2r 1956#
as amended) Were not included as a portion.of the"heW Code of
the City of Miallli ► Pi.Orida, of fectiVe September 1, '1967 ► as
adopted by Ordinance No. 7585 (July 25, 1961); and
WHEREAS, said System and " plan noW exist in the codified
forth as they appear in Chapter 2 of, the Code of the City of
Miami, riorida, 1957, asamended, in addition, to basic ordinance
form; and
WHEREAS, any addition or amendments to said System and
Plan can thus be made by reference to the section designations.
as they appear in said Chapter 2 of the Code of the City of
Miami, Florida, as amended; and
WHEREAS, a public pension represents or should
represent" faithful service to the public; and
WHEREAS, willful misconduct associated with an
employee's duties or responsibilities cannot in good con-
science be considered faithful service; and
WHEREAS, by this ordinance a faithful servantwill
receive a public pension and one who has, involved himself
or herself in complicity against the City of Miami is not
entitled to and will not receive a public pension for
faithful service;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF THE CITY OFMIAMI, FLORIDA:
Section 1. Ordinance No. 5624, adopted May 2, 1956,
as amended, and as appearing in codified form as a part of
Chapter 2 of the Code of the City of Miami, Florida, 1957,
as amended, is further amended by adding the following;
"totwithstandihc any provision ih the Dial
to the contrary, upon a tember's dismissal frog employment for
willful hiscohduot associated with the duties or respolisibilities
of his .or her employment with the City of Miami, the following
shall take place
(a) All ownership rights, titles, and interests in
said member's contributions to the Plan shall immediately Vest
in said dismissed employee.
(b) Said dismissed employee shall no longer be able
to apply for any pension benefits whatsoever under the Plan.
(c) Should said dismissal be reversed by the City
Manager or a court of final jurisdiction, the employee, at
his or her option may elect to reconvey all ownership rights,
in his or her contributions to the Plan
to pay back for any lost service time
service for the period of time he or
titles,
and interests
and further be permitted
and
she
enjoy uninterrupted
may have been so dismissed."
Section 2. All ordinances, code sections or parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed.
Section 3. If any section, sentence, clause, phrase,
or word, of this ordinance is for any reason held or declared to
be unconstitutional, invalid, inoperative or void, such holding
or invalidity shall not affect the remaining portions of this
ordinance, and it shall be construed to have been the intent of
the City Commission to pass this ordinance without such unconsti-
tutional, invalid, or inoperative part therein; and the remainder
of this ordinance, after the exclusion of such part or partsshall
be deemed and held to be valid as if such parts had not been
included therein.
Seotiofi 4: This $rdinaiii a is hereby declared to
be aii eiiiercenci meastire on the ground of, Urcent public need
for the preterVatioh of peacehealth jsafety and property
in the City of Miami
Section 5. The requirement of reading this ordi.-
nance on two separate days is hereby dispensed with by a Vote
of not less than four -fifths of. the Members ofthis commission.
PASSED AND ADOPTED BY TITLE ONLt this_16TH day
of_.DECEMBtR ► 1976
PREPARED AND APPROVED BY:
ROBERT. F . CLARK
ASSISTANT CITY ATTORNEY
APPROVgi AS TO FORM AND CORRECTNESS:
RGE F . Kt
CITY ATTORN
JR.