§ 54-79. Board of trustees.

(a)

Authority; membership; term of office.

(1)

The sole and exclusive administration of and responsibility for the proper operation of the system and for making effective the provisions of this article are hereby vested in a board of trustees. The board is hereby designated as the plan administrator. The board shall consist of five trustees, two of whom, unless otherwise prohibited by law, shall be legal residents of the city, who shall be appointed by the city council, and two of whom shall be members of the system, who shall be elected by a majority of the firefighters who are members of the system. The fifth trustee shall be chosen by a majority of the previous four trustees as provided for in this subsection, and such person's name shall be submitted to the city council. Upon receipt of the fifth person's name, the city council shall, as a ministerial duty, appoint such person to the board of trustees as the fifth trustee. The fifth trustee shall have the same rights as each of the other four trustees appointed or elected as provided in this subsection. DROP participants can be elected as but not vote for elected trustees. The board shall establish and administer the nomination and election procedure for such election. The board shall meet at least quarterly each year. The board shall be a legal entity with, in addition to other powers and responsibilities contained in this article, the power to bring and defend lawsuits of every kind, nature and description.

(2)

All trustees may serve successive terms. Commencing January 1, 2019, the term of office for two trustees, including, one elected and one resident appointed trustee, shall be four years. Additionally, commencing January 1, 2020, the term of office for three trustees, including the second elected trustee, the second resident appointed trustee and the fifth trustee, shall be one year, and thereafter commencing January 1, 2021, the term of office for the same three trustees shall be four years. Each resident appointed trustee may be replaced by the city council at whose pleasure the trustee shall serve. If a firefighter trustee is not employed by the city as a firefighter or a trustee vacates the office then a successor shall be chosen in the same manner as the departing trustee, to serve the remainder of the term.

(b)

Officers; minutes; compensation of members. The trustees shall, by a majority vote, elect a chairman and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings or hearings of the board. The trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law.

(c)

Voting. Each trustee shall be entitled to one vote on the board. Three affirmative votes shall be necessary for any decision by the trustees at any meeting of the board. A trustee shall abstain from voting as the result of a conflict of interest, and shall comply with the provisions of F.S. § 112.3143.

(d)

Employment of advisers; payment of expenses. The board shall engage such actuarial, accounting, legal and other services as it deems necessary to administer the system. The compensation of all persons engaged by the board and all other expenses of the board necessary for the operation of the system shall be paid from the fund at such rates and in such amounts as the board shall agree. If the board chooses to use the city's actuary, legal counsel, or professional, technical or other advisors, it shall do so under terms and conditions acceptable to the board.

(e)

Duties. The duties and responsibilities of the board shall include, but not necessarily be limited to, the following:

(1)

To construe the provisions of the system and determine all questions arising thereunder.

(2)

To determine all questions relating to eligibility and membership.

(3)

To determine and certify the amount of all retirement allowances or other benefits under this article.

(4)

To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the system.

(5)

To distribute to members, at regular intervals, information concerning the system.

(6)

To receive and process all applications for benefits.

(7)

To authorize all payments whatsoever from the fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the system and fund.

(8)

To have performed actuarial studies and valuations, at least as often as required by law, and to make recommendations regarding any and all provisions of the system.

(9)

To perform such other duties as are specified in this article.

(Ord. No. 2007-29, § 1, 9-18-2007; Ord. No. 2018-4 , § 1, 4-17-2018)