HomeMy WebLinkAboutResolution 2017-179 N.C.S. 12/18/2017Resolution No. 2017 -179 N.C.S.
of the City of Petaluma, California
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE
CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL OF THE CITY OF PETALUMA
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement System (PERS) by the
execution of a contract, and sets forth the procedure by which public agencies may elect to
subject themselves and their employees to amendments to said Law; and
WHEREAS, the City of Petaluma, by action of the City Council in accordance with the
Public Employee's Retirement Law, has entered into a contract with PERS effective January 1,
1950, and subsequently amended, with the most recent amendment occurring December 28,
2012, which PERS contract provides for participation of the City and its employees in PERS;
and
WHEREAS, one of the steps in the procedures to amend a public agency contract with
PERS is the public agency governing body's adoption of a resolution giving notice of its
intention to approve a contract amendment, which resolution shall contain a summary of the
proposed change; and
WHEREAS, following is a summary of a proposed change the City intends to implement
to the City's PERS contract in accordance with agreements reached with City bargaining units
regarding such change and the Public Employees' Retirement Law to provide for contributions
of specified unit members to the City's cost of participating in the City's PERS agreement;
To become subject, from and after the effective date of the amendment, to Section 20516
of the Public Employees' Retirement Law (Employees Sharing Additional Cost) of 3%
for local miscellaneous members in the Unrepresented Executive Management group,
Department Heads Unit 8 and Public Safety Mid - Management Association Unit 10; and
3% for local safety members in the Department Heads Unit 8 and Public Safety Mid -
Management Association Unit 10.
Resolution No. 2017 -179 N.C.S. Page 1
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby gives notice in accordance with Section 20471 and other applicable sections of
the Public Employees' Retirement Law of the City's intention to approve an amendment to the
contract between the City and the Board of Administration of the Public Employees' Retirement
System, a copy of said amendment being attached hereto, as "Exhibit A" and by reference made
a part hereof.
REFERENCE:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Under the power and authority conferred upon this Council by the Charter of said City.
I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a Regular meeting on the 18'h day of December
2017, by the following vote:
C
Albertson, Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller
None
None
None
City Clerk
Mayor
as to
Resolution No. 2017 -179 N.C.S. Page 2
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EFFECTIVE DATE
OF ORDINANCE
Introduced by
ORDINANCE NO. N.C.S.
Seconded by
Exhibit A
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AUTHORIZING AN AMENDMENT
TO THE CONTRACT FOR EMPLOYEES OF UNITS 8, 10 AND UNREPRESENTED EXECUTIVE MANAGEMENT
EMPLOYEES BETWEEN THE CITY COUNCIL OF THE CITY OF PETALUMA AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
WHEREAS, the Public Employees' Retirement Law permits the participation of
public agencies and their employees in the Public Employees' Retirement System (PERS)
by the execution of a contract, and sets forth the procedure by which public agencies
may elect to subject themselves and their employees to amendments to said Law; and
WHEREAS, the City of Petaluma, by action of the City Council in accordance with
18 the Public Employee's Retirement Law, has entered into a contract with PERS effective
19 January 1, 1950, and subsequently amended, with the most recent amendment
20 occurring December 28, 2012, which PERS contract provides for participation of the City
21 and its employees in PERS; and
22
23 WHEREAS, one of the steps in the procedures to amend a public agency contract
24 with PERS is the public agency governing body's adoption of a resolution giving notice of
25 its intention to approve a contract amendment, which resolution shall contain a
26 summary of the proposed contract change; and
27
28 WHEREAS, on December 18, 2017, the Petaluma City Council adopted Resolution
29 No. 2017 -179 N.C.S. giving the following summary of a proposed change to the City's
30 PERS contract, in accordance with agreements reached with City bargaining units
31 regarding such change and the Public Employees' Retirement Law to provide for
32 contributions of specified unit members to the City's cost of participating in the City's
33 PERS agreement:
34
35 To become subject, from and after the effective date of the amendment, to
36 Section 20516 of the Public Employees' Retirement Law (Employees Sharing
37 Additional Cost) to provide for employee cost sharing of 3% for local
38 miscellaneous and safety members in the Department Heads and Assistant City
39 Attorney Bargaining Unit (Unit 8), Petaluma Public Safety Mid - Managers
Resolution No. 2017 -179 N.C.S. Page 3
1 Association (Unit 10) and Unrepresented Executive Management employee unit
2 which includes the City Manager, City Attorney and City Clerk; and
3
4 WHEREAS, in accordance with Sections 20471 and 20474 of the Public Employees'
5 Retirement Law, adoption of Resolution No. 2017 -179 N.C.S. giving notice of a proposed
6 amendment to the City's PERS contract must occur not less than 20 days prior to the
7 date at which this ordinance is adopted; and
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9 WHEREAS, in accordance with Section 20474 of the PERS Law, an election of the
10 employees affected by the proposed amendment to the City's PERS contract will be
11 conducted and canvassed, and this ordinance may only be adopted if a majority of the
12 affected employees do not vote to disapprove of the proposed amendment;
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14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
15 FOLLOWS:
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17 Section 1: An amendment of the contract between the City Council of the City of
18 Petaluma and the Board of Administration, California Public Employees' Retirement System is
19 hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit A ", and
20 by such reference made a part hereof as though herein set out in full.
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22 Section 2: The Mayor is hereby authorized, empowered, and directed to execute said
23 amendment for and on behalf of the City.
24
25 Section 3: In accordance with Section 20474 of the Public Employees' Retirement Law,
26 the City and its affected employees shall become subject to the amendment attached as
27 Exhibit A beginning the first day of the first pay period following the effective date of this
28 ordinance.
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30 Section 4: This Ordinance shall take effect thirty (30) days after the date of its adoption.
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32 Section 5: If any section, subsection, sentence, clause, phrase or word of this ordinance
33 is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
34 competent jurisdiction or preempted by state legislation, such decision or legislation shall not
35 affect the validity of the remaining portions of this ordinance. The City Council of the City of
36 Petaluma hereby declares that it would have passed and adopted this ordinance and each
37 and all provisions thereof irrespective of the fact that any one or more of said provisions be
38 declared unconstitutional, unlawful or otherwise invalid.
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40 Section 6: The City Clerk is hereby directed to publish or post this ordinance or a synopsis
41 for the period and in the manner provided by the City Charter and other applicable law.
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43 INTRODUCED, and ordered posted/ published, this 18th day of December 2017
Resolution No. 2017 -179 N.C.S. Page 4
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ADOPTED this
Ayes:
Noes:
Abstain:
Absent:
ATTEST:
day of 2018, by the following vote:
David Glass, Mayor
APPROVED AS TO FORM:
Claire Cooper, City Clerk Eric W. Danly, City Attorney
Resolution No. 2017 -179 N.C.S.
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