Finance and Audit
Committee Amendment
September 10, 2007
IN THE COUNTY LEGISLATURE OF JACKSON COUNTY, MISSOURI
Title
AN ORDINANCE repealing section 1540., Jackson County Code, 1984, relating to the Jackson County Employees' Pension Plan, and enacting in lieu thereof one new section relating to the same subject.
Intro
ORDINANCE 3916, July 30, 2007
INTRODUCED BY Dan Tarwater, County Legislator
Body
WHEREAS, the County Counselor has issued an opinion which concludes that the mechanism for appointment of the members of the Pension Plan Administration Committee, set out in section 1540. of the Jackson County Code, is, at least in part, in violation of article III, section 6.1 and article XI, 2 of the Jackson County Charter, which require members of all such boards and commissions created by the County Legislature to be appointed by the County Executive; and,
WHEREAS, in view of this opinion, it is in the best interests of the health, welfare, and safety of the citizens of Jackson County that section 1540. be amended to comply with the opinion, and at the same time to ensure a broad representation on the committee and conformance as closely as possible with existing labor agreements and the original intent of the Legislature in establishing the committee; now therefore,
BE IT ORDAINED by the County Legislature of Jackson County, Missouri, as follows:
Section A. Enacting Clause. Sections 1540., Jackson County Code, 1984, is hereby repealed, and one new section enacted in lieu thereof, to be known as section 1540., to read as follows:
1540. Pension Plan Administration Committee, Composition.
The Employer by [action] appointment of the [County Legislature and the] County Executive subject to the disapproval of the County Legislature shall appoint a Committee to be known as the "Pension Plan Administration Committee" to administer the Plan and to keep records of individual Member benefits. The composition and membership of the Pension Plan Administration Committee, all of whom shall be residents of the County, shall be established as follows:
(I) [[the [Manager of Finance] Chief Administrative Officer or his designee, as Chairman;
(ii) the Director of [Personnel] Human Resources, as Secretary;
(iii) ]] [an] one (1) active Member of the Plan who is an employee of the Circuit Court[, to be appointed from time to time by the Presiding Judge of the Circuit Court];
([iv] ii) one (1) active Member of the Plan who is also a member of the Local 42 bargaining unit within the Office of the Prosecuting Attorney[, selected by the Prosecuting Attorney of Jackson County];
([v] iii) [[two (2)]] four 4 other active Members of the Plan [to be appointed from time to time by the County Legislature], but not more than one member from any one department;
([vi] iv) four (4) independent business executives [to be appointed from time to time by the County Executive subject to disapproval of the County Legislature]; and
([vii] v) one (1) [person selected by the President of Local 42 of the International Association of Firefighters] labor leader or union representative affiliated with a labor organization or union with which the Employer has a current Memorandum of Understanding.
1540.1 The County Executive shall designate one active member of the Plan to serve as Chair of the committee and another active member of the Plan to serve as Secretary.
1540.2 The Employer will notify the Actuary and the Trustee of the names of the members of the Pension Plan Administration Committee and of any changes in the membership of the Committee that may take place from time to time.
Enacted and Approved
Effective Date: This Ordinance shall be effective immediately upon its signature by the County Executive.
APPROVED AS TO FORM:
_________________________ _______________________________
Chief Deputy County Counselor County Counselor
I hereby certify that the attached Ordinance, Ordinance # 3916 of July 30, 2007 was duly passed on September 17, 2007 by the Jackson County Legislature. In the votes thereon were as follows:
Yeas 6 Nays 0
Abstaining 0 Absent 3
This Ordinance is hereby transmitted to the County Executive for his signature.
____________________ ________________________________
Date Mary Jo Spino, Clerk of Legislature
I hereby approve the attached Ordinance #3916.
_________________ _________________________________
Date Michael D. Sanders, County Executive