(a) Board of Trustees. There is hereby created a Board of Trustees of the Boynton Beach Police Officers’ Pension Fund which shall be solely responsible for administering the pension fund. The Board of Trustees shall be a legal entity, with the power to bring and defend lawsuits of every kind, nature and description, and to the extent required to accomplish the intent, requirements and responsibilities provided for in this article. The Board shall consist of five Trustees as follows:
(1) Two legal residents of the city, who shall be appointed by the City Commission. Effective for terms beginning after the effective date of Ord. No. 10-005, passed 2-2-10, each city Trustee shall have a term of four years but serves at the pleasure of the City Commission. Each city Trustee may succeed himself or herself as a Trustee.
(2) Two police officer participants of the City of Boynton Beach Police Officers Pension Fund, who are elected by a majority of the police officer participants in the fund. Elections shall be held under such rules and regulations as the Board of Trustees shall from time to time adopt. Effective for terms beginning after the effective date of Ord. No. 10-005, passed 2-2-10, each police officer Trustee shall serve as a Trustee for a period of four years, unless he or she sooner ceases to be a police officer in the employ of the Boynton Beach Police Department, whereupon their successor shall be elected by a majority of the participants of the Boynton Beach Police Officers’ Pension Fund. Each police officer Trustee may succeed himself or herself as a Trustee.
(3) A fifth Trustee shall be chosen by the majority of the other four Trustees. This fifth Trustee’s name shall be submitted to the City Commission, which shall, as a ministerial duty, appoint such person to the Board as a fifth Trustee. Effective for terms beginning after the effective date of Ord. No. 10-005, passed 2-2-10, the fifth Trustee shall serve as a Trustee for a period of four years, and may succeed himself or herself as a Trustee.
(b) Board vacancies; procedures to fill same. In the event a Trustee provided for in Section 18-166(a)(2) ceases to be a police officer in the employ of the City of Boynton Beach Police Department, he or she shall be considered to have resigned from the Board of Trustees. In the event such a Trustee shall resign, be removed, or become ineligible to serve as Trustee, the Board shall, by motion, declare that office of Trustee vacated as of the date of adoption of such motion. If such a vacancy occurs in the office of Trustee within 90 days of the next succeeding election for Trustee, the vacancy shall be filled at the next regular election for the unexpired portion of the term; otherwise, the vacancy shall be filled for the unexpired portion of the term at a special election called by the Board. In the event a Trustee provided for in Section 18-166(a)(1) and (3) shall resign, be removed or become ineligible to serve as Trustee, the Board shall, by motion, declare that office of Trustee vacated as of the date of adoption of the motion. The successor for the unexpired portion of the term shall be chosen in the same manner as an original appointment. (c) Board meetings: quorum: procedures. The Board of Trustees shall hold meetings regularly, at least once each quarter and shall designate the time and place thereof. At any meeting of the Board, three Trustees shall constitute a quorum. Each Trustee shall be entitled to one vote on each question before the Board and at least three concurring votes shall be required for a decision by the Board at any of its meetings. The Board shall adopt its own rules and procedures and shall keep a record of its proceedings. All meetings of the Board shall be open to the public. No Trustee shall take part in any action in connection with their own participation in the fund, and no unfair discrimination shall be shown to any individual police officer participating in the fund.
(1) Board chairman and secretary.
a. The Board of Trustees shall, by majority vote, elect from its members a chairman and a secretary.
b. The secretary of the Board shall keep:
1. A complete minute book of the actions, proceedings or hearings of the Board;
2. A record of all persons receiving retirement payments under the plan which includes the time when the pension is allowed and when the pension shall cease to be paid; and
3. A list of all police officers employed by the municipality which includes the name, address and dates of hire and termination.
(d) Compensation. The Trustees of the Boynton Beach Police Officers’ Pension Fund shall not receive any compensation for their services as such, but may receive expenses and per diem when performing official duties in administering the fund.
(Ord. 10-005, § 2, 2-2-10)
