HomeMy WebLinkAboutOrdinance 2647 N.C.S. 05/07/20181
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EFFECTIVE DATE ORDINANCE NO. 2647 N.C.S.
OF ORDINANCE
June 7, 2018
1 11
Introduced by Seconded by
Kathy Miller Gabe Kearney
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AUTHORIZING
AN AMENDMENT TO THE CONTRACT 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
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 May 17, 2017, the 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 contract change; and
WHEREAS, on April 16, 2018, the Petaluma City Council adopted Resolution No,
2018-051 N.C.S. giving the following summary of a proposed change 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) to provide for employee cost sharing of I% for local
miscellaneous members in the American Federation of State, County and
Municipal Employees Unit 1 Confidential, American Federation of State, County
and Municipal Employees Unit 2 Maintenance, American Federation of State,
County and Municipal Employees Unit 3 Clerical and Technical, Petaluma
Professional and Mid -Managers Association Unit 4 Professional, Petaluma
Professional and Mid -Managers Association Unit 9 Mid Managers and Petaluma
Professional and Mid -Managers Association Unit 1 1 Confidential; and
Ordinance No. 2647 N.C.S.
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1 WHEREAS, in accordance with Sections 20471 and 20474 of the Public Employees'
2 Retirement Law, adoption of Resolution No. 2018-051 N.C.S. giving notice of a proposed
3 amendment to the City's PERS contract must occur not less than 20 days prior to the
4 date at which this ordinance is adopted; and
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6 WHEREAS, in accordance with Section 20474 of the PERS Law, an election of the
7 employees affected by the proposed amendment to the City's PERS contract will be
8 conducted and canvassed, and this ordinance may only be adopted if a majority of the
9 affected employees do not vote to disapprove of the proposed amendment;
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11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
12 FOLLOWS:
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14 Section 1: An amendment of the contract between the City Council of the City of
15 Petaluma and the Board of Administration, California Public Employees' Retirement System is
16 hereby authorized, a copy of said amendment being attached hereto, marked "Exhibit A", and
17 by such reference made a part hereof as though herein set out in full.
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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.
INTRODUCED, and ordered posted/wed, this 16th day of April 2018.
ADOPTED this 7th day of May 2018, by the following vote:
Ayes: Barrett, Mayor Glass, Vice Mayor Healy, Kearney, King, Miller
Noes:
None
Abstain:
None
Absent:
Albertson
Ordinance No. 2647 N.C.S. Page 2
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ATTEST:
f �
Claire Cooper, City Clerk
David Glass, Mayor
APPROVED AS TO FORM:
Eric W. Danly, City Attorney
Ordinance No. 2647 N.C.S.
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