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2006-04 Amends P&F Board of Trustees ORDINANCE N0.2006-04 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA; AMENDING DIVISION 4, PENSION AND CERTAIN OTHER BENEFITS FOR FIRE AND POLICE EMPLOYEES, OF ARTICLE V, OF CHAPTER 2, ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE VILLAGE; PROVIDING FOR AN AMENDMENT TO THE BOARD OF TRUSTEES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; AND PROVIDING FOR CODIFICATION. WHEREAS, the Village Council and the Board of Trustees of the North Palm Beach Police and Fire Pension Fund ("Fund") have determined that it is in the best interest of the public and plan participants to amend the Fire and Police Retirement Plan, as set forth herein below: NOW, THEREFORE, BE IT ORDAINED, BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, PALM BEACH COUNTY, FLORIDA, that Section 1. Division 4, Pension and certain other benefits for fire and police employees, of Article V, of Chapter 2, Administration, of the Code of Ordinances of the Village, is hereby amended by changing 2-164 to read as follows: Sec. 2-164. Board oftrustees--Generally. (a) Composition. The Board of trustees shall consist of five (5) members: two (2) of whom shall be elected by a majority of the members of the plan; two of whom, unless otherwise prohibited by law, shall be legal residents of the municipality, who shall be appointed by the legislative body of the municipality; and the fifth member shall be chosen by a majority of the previous four members, and such person's name shall be submitted to the legislative body of the municipality, which shall, as a ministerial duty, appoint such person to the Board of trustees as its fifth member. One (1) of the elected members shall be a certified firefighter of the Village and one (1) shall be a certified police officer of the Village. Each of the elected Board members shall be appointed for a period of two (2) years, unless he sooner leaves the employment of the Village or forfeits membership on the Board, whereupon a successor shall be elected by a majority of the members of the plan. Each of the elected Board members may succeed himself in office. Each of the resident members shall be a trustee for a term of two (2) years unless he forfeits membership on the Board and he may succeed himself in office. The resident member shall hold office at the pleasure of the Village Council. The fifth member shall have the same rights as each of the other four (4) members appointed or elected as herein provided. The trustees shall by majority vote elect from its members a chairman and a secretary. The secretary of the Board shall keep a complete minutes 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 provided by law. (b) Forfeiture of membership on Board for absenteeism. In the event a member of the Board shall fail to attend three (3) consecutive regular meetings of the Board, such member shall be deemed to forfeit membership on the Board and shall, at the conclusion of the third such meeting, no longer be a member of the Board. Such individual shall not thereafter be eligible for reappointment or election to the Board for a period of two (2) years. Any absence may be excused by the Board upon a showing that there existed justifiable reasons for the absence. Section 2. Should any section of this ordinance or a portion hereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this ordinance. Section 3. Authority is hereby granted to codify said ordinance. Section 4. This ordinance shall be effective upon passage PLACED ON FIRST READING THIS 9th DAY OF MARCH, 2006. PLACED ON SECOND READING AND PASSED THIS 23rd DAY OF M H 2006. (Village Seal) OR ATTEST: «l~~U~ ~ . ~i~~ VILLAGE CLERK