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HomeMy WebLinkAbout2025 Ordinance No. 0061 ORDINANCE NO. 6 COUNCIL BILL NO. 4 SERIES OF 2025 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE COMBINING CERTAIN CITY EMPLOYEE PENSION AND RETIREMENT BOARDS INTO A SINGLE OVERSIGHT BOARD, NAMED ENGLEWOOD RETIREMENT PENSION PLAN BOARD. WHEREAS, the City of Englewood has four pension, disability plans for former safety services employees, that do not include current employees: Police Pension plan, Firefighters Pension plan, Police/Fire Supplemental Disability plan, and Volunteer Firefighters Pension plan (collectively “Old Hire Plans”); and WHEREAS, each of these plans currently have separate oversight boards, but because there are no active employee beneficiaries of the Old Hire Plans, the City has had significant difficulty filling board positions; and WHEREAS, administrative and fiduciary responsibility for the Old Hire Plans has been transferred to the state-wide Fire and Police Pension Association (“FPPA”), so there are no active duties required of an oversight board; and WHEREAS, the Old Hire Plans need a formal body to regularly review FPPA financial records, respond to any FPPA inquiries, and liaise with beneficiaries; and WHEREAS, the City has an active retirement plan oversight board to provide these functions for the Non-Emergency Employees Retirement Plan (“NERP”), which is a retirement plan for current employees; and WHEREAS, after receiving no objection to consolidation of these boards after consultation with NERP, Old Hire Plan beneficiaries, and last-appointed Old Hire Plan board members, City Council desires to amend Englewood Municipal Code to combine these separate boards into a single retirement and pension plan oversight board. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment to Englewood Municipal Code. To combine governance of the Englewood Nonemergency Employees Retirement plan, Police Pension plan, Firefighters Pension plan, Police/Fire Supplemental Disability plan, and Volunteer Firefighters Pension plan, Englewood Municipal Code is hereby amended as follows (new provisions underlined, deleted provisions struck through): Chapter 7 - Non-Emergency Employees Retirement Board Englewood Retirement Pension Plan Board 2-7-1: - Retirement Board. Docusign Envelope ID: 17072458-BE5E-40D7-A4ED-830F19AB94BF 2 A. There is hereby established a Retirement Board known as the Englewood Retirement Pension Plan Board (“ERPP”) to provide oversight and direction, liaise with beneficiaries, serve as plan/fund Boards of Trustees, and complete other duties as required by applicable law and the plan documents, for the following City retirement and pension plans: for eligible, non- emergency, City employees, which board shall be called the City of Englewood Nonemergency Non-Emergency Employees Retirement Plan (“NERP”), under Title 3, Chapter 4; Police Officers Pension Fund, under Title 3, Chapter 5; Firefighters and Volunteer Firefighters Pension Funds, under Title 3, Chapter 6; and Supplemental Disability Fund for both Police and Fire under Title 3, Chapters 5 and 6. Board (NEERB). Said board is to be organized and to have the powers, duties and functions as set out in Section 3 -4-11 of the Englewood Municipal Code. B. ERPP shall be composed of at least seven voting members, appointed by Englewood City Council to overlapping 4-year terms. Membership shall consist of: one member of City Council; three qualified electors of the City; at least one, but no more than two, members of the NERP plan; at least one, but no more than two, beneficiaries of the Firefighters Pension Fund; and at least one, but no more than two, beneficiaries of the Police Officers Pension Fund. The City Finance Director shall be an ex-officio, non-voting member of ERPP. C. Each member shall take and subscribe an oath accepting the obligations imposed upon them by the provisions of each benefits/retirement/pension plan (“Plan”), and agreeing to faithfully perform the duties of such office. D. A simple majority of the then-appointed members of ERPP shall constitute a quorum for the transaction of business, and all actions shall be approved by a majority of members present. All actions, decisions and determinations of the Board shall be recorded in the minutes and, unless inconsistent with the provisions of a Plan, shall be binding and conclusive upon all interested parties. E. No member of the Board shall receive compensation for service on the Board, but a member may be reimbursed for reasonable expenses incurred in connection with their duties as a member of the Board. 3-4-11-1: - Retirement Board. The Englewood Retirement Pension Plan Board (“ERPP”) created by EMC § 2-7-1 shall serve as the Board and Trustees of the There is hereby created a board to be known as the NonEmergency Employees Retirement Plan. Board of the City of Englewood ("Retirement Board") which shall be composed of seven (7) members. One (1) member shall be an elected member of the City Council who shall be selected by a majority of the members of City Council. One (1) member shall be the City Treasurer. Two (2) members shall be employees of the City who are Members of the Plan, who shall be selected by a vote of all such Members in accordance with such procedures as the City Manager may adopt, from time to time. Three (3) members shall be electors of the City who shall be selected by a majority of the members of the City Council. In addition, the City Manager, or his designee, shall serve in an advisory capacity, as an ex official, nonvoting member. Docusign Envelope ID: 17072458-BE5E-40D7-A4ED-830F19AB94BF 3 Members of the Retirement Board shall be appointed for four (4) year terms, provided the said member continues to possess the qualifications provided herein during the member's term and, further provided that: A. The Council member shall serve during his term of office as a Council member; and B. The City Treasurer shall serve during his tenure in office as City Treasurer. Should a vacancy occur in the membership of the Retirement Board, the same shall be filled for the duration of the unexpired term only, in the same manner as provided herein. Prior to entering upon the performance of the duties of a member of the Retirement Board, each member thereof shall take and subscribe an oath that he accepts the obligations imposed upon him by the provisions of this Plan and that he shall faithfully perform the duties of such office. Four (4) members of the Retirement Board shall constitute a quorum. All actions taken by the Board shall be approved by a majority vote of a quorum of the Retirement Board members. All actions, decisions and determinations of the Board shall be recorded in the minutes of the Retirement Board and, unless inconsistent with the provisions of the Plan, shall be binding and conclusive upon all interested parties. No member of the Board shall receive compensation for his service on the Board but a member may be reimbursed for reasonable expenses incurred in connection with his duties as a member of the Board. 3-5-2: - Supplemental Disability Benefits. I. The Englewood Retirement Pension Plan Board (“ERPP”) created by EMC § 2-7-1 shall serve as the Board and Trustees of the A Police and Fire Supplemental Disability Plan and benefit. Board shall be created and composed of two (2) elected members from the police ranks chosen by a majority of the Police Department for a three (3) year term; one citizen board member from the Police Pension Board; one citizen board member from the Firefighters Pension Board; the Director of Finance and Administrative Services of the City of Englewood, and the Mayor of the City of Englewood. Four (4) members shall constitute a quorum for conducting any Board business. The Police and Fire Supplemental Disability Board ERPP is granted the authority to issue regulations not inconsistent with the terms of this section, designed to carry out the purpose of this Section, and to hold hearings, take evidence, receive information, and to make final and binding decisions, awards and resolutions respecting the eligibility of applicants for initial and continued payment of Supplemental benefits. J. The Police and Fire Supplemental Disability Board shall elect a chairperson from its members to preside over meetings and conduct other board business not inconsistent with the terms of this Section. K. The Police and Fire Supplemental Disability Board shall be required to meet only when application for benefits are made or as determined by the chairperson of the Board. Sec. 3-5-4. - Police Pension Fund. Docusign Envelope ID: 17072458-BE5E-40D7-A4ED-830F19AB94BF 4 In lieu of the provisions of Title 31, Article 30, Section 312, C.R.S., 1973, the Board of Trustees of the Police Officermen's Pension Fund of this Municipality shall be governed by the following provisions: The Englewood Retirement Pension Plan Board (“ERPP”) created by EMC § 2 -7-1 shall serve as the Board and The Board of Trustees of the Police Officermen's Pension Fund in this Municipality, which shall have power to draw on such Pension Fund, from the treasurer of the Police Officermen's Pension Fund, and may invest the same, or any part thereof, in the name of the Board of Trustees of the Police Officermen's Pension Fund, in any security, bond, debenture, corporate obligation, stock, preferred or common, securities of any open-end or closed-end management-type investment company or investment trust and participations in common trust funds, to the extent that such investments would be authorized investments by fiduciaries within this State as set forth in title 15, article 1, part 3, C.R.S., 1973, or any subsequent amendment thereto, providing that said Board shall at all times hold fixed income obligations having a book value or cost of not less than sixty percent (60%) of the total contributions made to said Police Officermen's Pension Fund, less the amounts paid out. All securities invested shall be deposited with the Treasurer of the City, as ex officio treasurer of the Board of Trustees of the Police Officermen's Pension Fund, and subject to the order of said Board. 3-6-1-1: - Firefighters' Pension Fund. Commencing on January 1, 1977, there shall be deducted from the monthly salary of plan members hired prior to April 8, 1978, of the Englewood Fire Division a sum equal to five percent (5%) of said member's monthly salary pursuant to part 4, article 30, title 31 C.R.S., 1973, which sum shall be deposited in the City's Firefighters' Pension Fund. A. The Englewood Retirement Pension Plan Board (“ERPP”) created by EMC § 2-7-1 shall serve as the Board and Trustees of City shall make contributions annually to the Firefighters' Pension Fund. The City shall make contributions annually at a rate determined by an actuarial study conducted at least every three (3) years. The resultant Annual Required Contribution will be paid from general revenues of the City into the Firefighters' Pension Fund. B. In addition to the powers and obligations imposed upon the Board of Trustees of the Englewood Firefighters' Pension Board, by article 30, title 31, C.R.S. 1973, said Board shall have all powers necessary to supervise and administer the terms of this Chapter Section. C. The Pension Fund and Pension Plan shall be administered by the Plan document adopted by City Council resolution. City Council may amend the Pension Fund and Pension Plan as required by the Board of Trustees. 3-6-1-2: - Supplemental Disability Benefits. I. The Englewood Retirement Pension Plan Board (“ERPP”) created by EMC § 2-7-1 shall serve as the Board and Trustees of the A Police and Fire Supplemental Disability Plan and benefit. Board shall be created and composed of two (2) elected members from the police ranks chosen by a Docusign Envelope ID: 17072458-BE5E-40D7-A4ED-830F19AB94BF 5 majority of the Police Department for a three (3) year term; one citizen board member from the Police Pension Board; one citizen board member from the Firefighters Pension Board; the Director of Finance and Administrative Services of the City of Englewood, and the Mayor of the City of Englewood. Four (4) members shall constitute a quorum for conducting any board business. ERPP The Police and Fire Supplemental Disability Board is granted the authority to issue regulations not inconsistent with the terms of this Section, designed to carry out the purpose of this Section, and to hold hearings, take evidence, receive information, and to make final and binding decisions, awards and resolutions respecting the eligibility of applicants for initial and continued payment of Supplemental benefits. J. The Police and Fire Supplemental Disability Board shall elect a chairperson from its members to preside over meetings and conduct other Board business not inconsistent with the terms of this Section. K. The Police and Fire Supplemental Disability Board shall be required to meet only when application for benefits are made or as determined by the Chairperson of the Board. Section 2. General Provisions Applicable to this Ordinance The following general provisions and findings are applicable to the interpretation and application of this Ordinance: A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. C. Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to City of Englewood Charter 47. Docusign Envelope ID: 17072458-BE5E-40D7-A4ED-830F19AB94BF 6 E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the City’s official website, or both. Publication shall be effective upon the first publication by either authorized method. F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and directed to execute all documents necessary to effectuate the approval authorized by this Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to execute the above-referenced documents. The execution of any documents by said officials shall be conclusive evidence of the approval by the City of such documents in accordance with the terms thereof and this Ordinance. City staff is further authorized to take additional actions as may be necessary to implement the provisions of this Ordinance. G. Enforcement. To the extent this ordinance establishes a required or prohibited action punishable by law, unless otherwise specifically provided in Englewood Municipal Code or applicable law, violations shall be subject to the General Penalty provisions contained within EMC § 1-4-1. Introduced and passed on first reading on the 3rd day of February, 2025; and on second reading, in identical form to the first reading, on the 18th day of February, 2025. Othoniel Sierra, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of an Ordinance, introduced and passed in identical form on first and second reading on the dates indicated above; and published two days after each passage on the City’s official website for at least thirty (30) days thereafter. The Ordinance shall become effective thirty (30) days after first publication on the City’s official website. Stephanie Carlile Docusign Envelope ID: 17072458-BE5E-40D7-A4ED-830F19AB94BF