HomeMy WebLinkAboutBack-Up from Law DeptSec. 40-243. - Board of trustees.
(a) Composition and selection.
(1) The sole and exclusive administration of and responsibility for the proper and effective operation
of this Plan is vested in a nine member board of trustees.
(2) The board of trustees shall be selected as follows:
a. One trustee shall be selected by the city manager, which trustee shall not be the mayor, a
city commissioner, the city manager, the city finance director, or an assistant finance director.
b. Two trustees shall be selected by the general employees and their names submitted to the
city clerk. The trustee may be a present or retired member of the bargaining unit represented
by the General Employees' Union and shall be selected and serve according to the
constitution and bylaws of the General Employees' Union.
c. Two trustees shall be selected by the sanitation employees and their names submitted to
the city clerk. The trustees shall be present members of the bargaining unit represented by
Sanitation Employees' Union and shall be selected and serve according to the constitution
and bylaws of the Sanitation Employees' Union.
d. The remaining four trustees shall be selected by the city commission and may not be
employees of the city. Two of the trustees shall be selected from a list of six persons
submitted by the General Employees' Union according to its constitution and bylaws and the
other two trustees shall be selected from a list of six persons submitted by the Sanitation
Employees' Union according to its constitution and bylaws. The city commission may, at the
request of the General Employees' Union or the Sanitation Employees' Union, accept a list
consisting of one name for each position to be filled. The lists submitted to the city
commission shall not contain duplications. If a duplication occurs, the city commission shall
return both lists for resubmission.
e. The trustees appointed by the city shall have, at the minimum, the following qualifications:
1. Be presently employed or self-employed on a full-time basis, or be retired from such;
2. Have resided in Miami (or its immediate environs) for the past five years;
3. Be able to attend board meetings if scheduled well enough in advance and agree to
resign from the board if meeting attendance is less than 75 percent in a one-year period;
however, the provisions of this subsection shall not apply to those individuals who are
members of city boards and who are (1) reservists in the United States Armed Forces
or members of the Florida National Guard, and have been ordered to active military
duty for national, state, or homeland defense and due to such duty cannot attend board
meetings, or (2) employees of agencies whose services are considered essential for
national, state, or homeland defense and due to such services cannot attend board
meetings.
4. Have been involved in, within the last five years, and be knowledgeable about employee
pension or similar fringe benefits;
5. Have knowledge of, be familiar with, and have had exposure to labor/management
relations;
6. Have knowledge of and be familiar with business principles;
7. Have not been, within the past five years, a public employee union representative, nor
a representative of management for the city;
8. Not be actively involved in nor aspire to be actively involved in city, county, or state
politics.
(b) Term of office.
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(1) The term of office for each trustee shall be two years.
(2) There shall be no limit to the number of terms a trustee may serve.
(3) A trustee shall take an oath of office administered by the city clerk within ten days after selection
(4) A trustee shall serve until a successor trustee is appointed and administered the oath of office.
(c) Fiduciary responsibility. The board of trustees shall be deemed the named fiduciary of the Plan and
shall discharge its responsibilities solely in the interest of the members and beneficiaries of the Plan
for the exclusive purpose of providing benefits to the members and their beneficiaries and to defray
the reasonable expenses of the Plan. The trustees shall exercise those fiduciary responsibilities with
the care, skill, prudence and diligence under the circumstances then prevailing that a prudent person
acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a
similar character and with similar aims.
(d) Compensation. Trustees who are employees of the city shall be granted leave with full pay and benefits
while functioning as a trustee during their normal working hours. Service on the board shall not be
considered as "time worked" for the purposes of overtime liability under the Fair Labor Standards Act.
This shall include attendance at board meetings, workshops, board approved educational conferences
and board approved travel. Employee trustees shall not otherwise be paid for their services as
trustees. The nonemployee trustees shall be compensated at any given time in the same manner as
are members of the city's civil service board.
(e) Meetings; voting; quorum; officers.
(1) The board shall meet at least once every two months following appropriate public notice and shall
meet and conduct the business of the Plan in accordance with Chapter 286, Florida Statutes.
(2) Each trustee shall be entitled to one vote. Five concurring votes shall be necessary for a decision
by the board. Five trustees shall constitute a quorum for the purpose of meeting and transacting
business. A lesser number of trustees may be appointed as a committee to perform tasks on
behalf of the board. All committee meetings shall be subject to the notice and meeting
requirements of Chapter 286, Florida Statutes.
(3) The board shall elect, every two years, a trustee as chairperson and a trustee as vice chairperson
of the board.
(f) Vacancies; removal.
(1) If a vacancy occurs due to resignation, death, or removal, the vacancy shall be filled for the
unexpired term of the departing trustee in accordance with the provisions of this section for
selection of the trustee who has vacated the office.
(2) The board may remove a trustee prior to completion of his or her designated term of office for
proper cause only, which cause shall be stated in writing. No trustee shall be removed pursuant
to this section except upon proper notice and hearing. The board shall prescribe uniform rules for
the conduct of such hearings. Proper cause shall mean a trustee's failure to satisfactorily
discharge his or her fiduciary responsibility, including, but not limited to, failure to attend 75
percent of the meetings of the board in a one-year period. For the purposes of removal only, six
concurring votes shall be necessary.
(Ord. No. 12111, § 1, 9-25-01; Ord. No. 12201, § 1, 3-14-02)
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