02/12/2013 Resolutions 2013-46 Resolution 12013-46 was postponed to the February 26, 2013 Council meeting
by the City Council at their February 12, 2013 City Council meeting.
RESOLUTION 2013-46
WHEREAS, Article 10 of Chapter 16 of the Nebraska Revised Statutes sets forth
the laws governing the pensions of police officers of First Class Cities; and
WHEREAS, Section 16-1014 of the Nebraska Revised Statutes states in part,
A retirement committee shall be established to supervise the general operation of the
retirement system established pursuant to sections 16-1001 to 16-1019. The governing body
of the city shall continue to be responsible for the general administration of such retirement
system unless specific functions with regard to the administration of the retirement system are
delegated, by ordinance, to the retirement committee. Whenever duties or powers are vested
in the city or the retirement committee under such sections or whenever such sections fail to
specifically allocate the duties or powers of administration of the retirement system, such
powers or duties shall be vested in the city unless such powers or duties have been delegated
by ordinance to the retirement committee.; and
WHEREAS, Section 16-1017 of the Nebraska Revised Statutes sets forth specific
ministerial duties of the Grand Island Police Pension Committee confined to providing
information and reports to participants in the Grand Island Police Retirement System and certain
governmental officials of the State of Nebraska; and
WHEREAS, the Grand Island City Council as the governing body of the City of
Grand Island has never delegated any authority to the Police Pension Committee beyond that set
forth in Section 16-1017 of the Nebraska Revised Statutes; and
WHEREAS, the authority of the Police Pension Committee is subordinate to the
authority of the City Council; and
WHEREAS, the members of the Police Pension Committee are obligated by law
and specifically Section 16-1014 of the Nebraska Revised Statutes to implement, adhere to, and
obey the policies and directives of the City Council in the administration of the City's Police
Retirement System; and
WHEREAS, on January 17, 2013 the City Council approved Resolution 2013-
17(A) setting forth the directive to the Police Pension Committee that police pension benefits be
calculated on a straight life annuity basis; and
WHEREAS, on February 5, 2013 the City Council approved Resolution 2013-
26(B) setting forth the directive to the Police Pension Committee that police pension benefits be
determined using a straight life annuity calculated on a basis specific to the gender and age of the
retiree; and
WHEREAS, during meetings of the Police Pension Committee held on January
24, 2013 and February 8, 2013 certain members of that Committee expressed their belief the
Committee was not bound by the directives of the City Council as set forth in Resolutions 2013-
17(A) and 2013-26(B); and
Approved as to Form 51-
February 11,2013 0 Ci ttorney
WHEREAS, during the meeting of the Police Pension Committee held on
February 8, 2013 the Committee approved the retention of outside legal counsel; and
WHEREAS, the Grand Island City Attorney has been appointed by the Mayor and
approved by the City Council pursuant to Section 16-308 of the Nebraska Revised Statutes and
Section 2-30 of the Grand Island City Code; and
WHEREAS, the City Attorney serves as the legal counsel for the City and all City
officers pursuant to Section 16-319 of the Nebraska Revised Statutes and Section 2-40 of the
Grand Island City Code; and
WHEREAS, pursuant to Section 2-40 of the Grand Island City Code, the City
Attorney is authorized to retain outside counsel in the event he lacks expertise or has a conflict of
interest in a matter; and
WHEREAS, the City Attorney has not expressed a belief he lacks expertise or has
a conflict of interest which would impair his ability to serve as legal counsel for the Police
Pension Committee,
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA,
That the Grand Island City Attorney has, does, and shall continue to serve as legal counsel for the
Police Pension Committee.
That the Police Pension Committee is not authorized to retain legal counsel or other professional
experts, enter into contracts, expend funds, or assume authority not specifically stated in Section
16-1017 of the Nebraska Revised Statutes nor specifically delegated to it by an Ordinance
approved by the City Council pursuant to Section 16-1014 of the Nebraska Revised Statutes.
That any contracts entered into by the Police Pension Committee either by individual members or
the Committee as a whole, without the prior approval of the City Council, are null and void and
will not be recognized or honored by the City of Grand Island.
Adopted by the City Council of the City of Grand Island, Nebraska, February 12, 2013.
Jay Vavricek, Mayor
Attest:
RaNae Edwards, City Clerk
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