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Ordinance 14-2012 Retirement ORDINANCE NO. 14-2012 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER 82 OF THE TOWN CODE OF ORDINANCES RELATING TO PERSONNEL, AT ARTICLE II, EMPLOYEE BENEFITS, DIVISION 2, RETIREMENT SYSTEM, AMENDING SUBDIVISION I, IN GENERAL, BY AMENDING SECTION 82-57, AS AMENDED BY ORDINANCE NO. 4-2012 ADOPTED MARCH 2012, AT SUBSECTION (e)(4) RELATING TO VACANCIES BEING CREATED BY FAILURE OF A TRUSTEE TO ATTEND MORE THAN TWO SCHEDULED MEETINGS IN ANY TWELVE MONTH PERIOD; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. The Code of Ordinances of the Town of Palm Beach is hereby amended at Chapter 82, Personnel; Article II, Employee Benefits; Division 2, Retirement System; Subdivision I, In General; Section 82-57, Board of Trustees, at subsection (e)(4) to read as follows; Sec. 82-57. Board of Trustees; Administrative duties; Investment of retirement system assets. (e) A vacancy shall occur on the board if: (1) A member-elected trustee ceases to be a member or ceases to be included in the appropriate benefit group; (2) A resident appointed by the town council fails to maintain town residency as determined by the town council; or (3) Any trustee resigns or is removed from office. (4) A trustee fails to attend more than two scheduled meetings in any twelve month period without an excused absence. i Excused absence due to illness, a death in the family, religious holidays and requirements of legal process shall not constitute lack of attendance. In order for an absence to be excused, the member must notify the plan administrator in writing no later than noon on the Friday prior to a scheduled meeting, unless the absence is an emergency. Failure to timely notify the plan administrator in writing of an absence will result in an unexcused absence, unless the absence is an emergency. Excused and unexcused absences shall be recorded in the minutes of the meeting at which the absence occurred. The plan administrator may excuse an absence at the next regularly scheduled meeting for good cause shown." All other provisions of Section 82-57, as amended by Ordinance No. 4-2012, shall remain intact, said Section 82-57 to remain in effect except as amended herein. Section 2. Severability. If any provision of this Ordinance or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect without the invalid provisions or applications, and to this end the provisions of this Ordinance are hereby declared severable. Section 3. Repeal of Ordinances in Conflict. All other ordinances of the Town of Palm Beach, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the official Code of Ordinances of the Town of Palm Beach. Ordinance No. 14-2012 Page 2 of 3 Section 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval, as provided by law. PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the Town of Palm Beach on first reading this 11th day of July, 2012, and for second and final reading on this 14th day of August 2012. L. Coniglio, Mayor David A. Rosow, Town Council President ,t < ` Robert N. Wildrick, President Pro Tern ilymZD' mon , Town ember Richa . Kleid, Town Council Member man A. Owe�,(MMt, Town Clerk Michael J. Pucillo;gTow Council Member p:\docs\13156\00008\doc\1 dd 1681.doc Ordinance No. 14-2012 Page 3 of 3