HomeMy WebLinkAboutOrdinance 2635 N.C.S. 01/22/20181
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EFFECTIVE DATE
OF ORDINANCE
February 22, 2018
Introduced by
Teresa Barrett
ORDINANCE NO. 2635 N.C.S.
Seconded by
Gabe Kearney
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
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12 WHEREAS, the Public Employees' Retirement Law permits the participation of
13 public agencies and their employees in the Public Employees' Retirement System (PERS)
14 by the execution of a contract, and sets forth the procedure by which public agencies
15 may elect to subject themselves and their employees to amendments to said Law; and
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17 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
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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
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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:
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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
Ordinance No. 2635 N.C.S. Page 1
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Association (Unit 10) and Unrepresented Executive Management employee unit
which includes the City Manager, City Attorney and City Clerk; and
WHEREAS, in accordance with Sections 20471 and 20474 of the Public Employees'
Retirement Law, adoption of Resolution No. 2017 -179 N.C.S. giving notice of a proposed
amendment to the City's PERS contract must occur not less than 20 days prior to the
date at which this ordinance is adopted; and
WHEREAS, in accordance with Section 20474 of the PERS Law, an election of the
employees affected by the proposed amendment to the City's PERS contract will be
conducted and canvassed, and this ordinance may only be adopted if a majority of the
affected employees do not vote to disapprove of the proposed amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1: An amendment of the contract between the City Council of the City of
Petaluma and the Board of Administration, California Public Employees' Retirement System is
hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit A ", and
by such reference made a part hereof as though herein set out in full.
Section 2: The Mayor is hereby authorized, empowered, and directed to execute said
amendment for and on behalf of the City.
Section 3: In accordance with Section 20474 of the Public Employees' Retirement Law,
the City and its affected employees shall become subject to the amendment attached as
Exhibit A beginning the first day of the first pay period following the effective date of this
ordinance.
Section 4: This Ordinance shall take effect thirty (30) days after the date of its adoption.
Section 5: If any section, subsection, sentence, clause, phrase or word of this ordinance
is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of
competent jurisdiction or preempted by state legislation, such decision or legislation shall not
affect the validity of the remaining portions of this ordinance, The City Council of the City of
Petaluma hereby declares that it would have passed and adopted this ordinance and each
and all provisions thereof irrespective of the fact that any one or more of said provisions be
declared unconstitutional, unlawful or otherwise invalid.
Section 6: The City Clerk is hereby directed to publish or post this ordinance or a synopsis
for the period and in the manner provided by the City Charter and other applicable law.
43 INTRODUCED, and ordered posted /wed, this 18th day of December 2017,
Ordinance No. 2635 N.C.S.
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ADOPTED this 22nd day of January 2018, by the following vote:
Ayes: Vice Mayor Barrett, Mayor Glass, Healy, Kearney, King, Miller
Noes: None
Abstain: None
Absent: Albertson
ATTEST:
Claire Cooper, City Clerk
k 41?-
David Glass, Mayor
APPROVED AS TO FORM:
Eric W. Danly, City Attorney
Ordinance No. 2635 N.C.S.
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