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01/27/2015 Resolutions 2015-28 RESOLUTION 2015-28 WHEREAS, Article 10(a) of Chapter 16 of the Nebraska Revised Statutes sets forth the laws governing the pensions of police officers employed by Cities of the First Class; and WHEREAS, §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, Article 10(b) of Chapter 16 of the Nebraska Revised Statutes sets forth the laws governing the pensions of firefighters employed by Cities of the First Class; and WHEREAS, §16-1034 of the Nebraska Revised Statutes states in part, A retirement committee shall be established to supervise the general operation of the retirement system. The governing body of the city shall be responsible for the general administration of such retirement system unless specific functions or all functions with regard to the administration of the retirement system are delegated, by ordinance, to the retirement committee... Whenever sections 16-1020 to 16-1042 fail to address the allocation of duties or powers in the 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. WHEREAS, §§16-1017 and 16-1037of the Nebraska Revised Statutes sets forth specific ministerial duties of the Grand Island Police and Fire Pension Committees respectively and confines those duties to providing information and reports to participants in the Grand Island Police and Fire Retirement Systems 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 either the Police or Fire Pension Committees beyond that set forth in §§16-1017 and 16-1037 of the Nebraska Revised Statutes; and WHEREAS, the authority of both the Police and Fire Pension Committees is subordinate to the authority of the City Council; and WHEREAS, the members of the Police and Fire Pension Committees are obligated by law and specifically §§16-1014 and 16-1034 of the Nebraska Revised Statutes to implement, adhere to, and obey the policies and directives of the City Council in the Approved as to Form n ,rr January 26,2015 ° City;eney administration of the City's Police and Fire Retirement Systems; and WHEREAS, the Council has learned of Resolutions approved by both the Police and Fire Pension Committees seeking authority from the Council for those committees to issue Requests for Proposals for the management of the Police and Fire Pension Plans; and WHEREAS, the Council believes it acceptable to grant authority on a one time basis to the Police and Fire Pension Committees to issue Requests for Proposals for the management of the Police and Fire Pension Plans, directs City staff to take all necessary action to do so, and limits that authority by requiring any contracts for management of the Police and Fire Pension Plans be approved by the Council no later than December 31, 2015. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, That the Police and Fire Pension Committees are granted authority on a one time basis to issue Requests for Proposals for the management of the Police and Fire Pension Plans, City staff is directed to take all necessary action to do so, and such authority will expire once any contracts for management of the Police and Fire Pension Plans are approved by the Grand Island City Council or December 31, 2015, whichever occurs sooner. Adopted by the City Council of the City of Grand Island,Nebraska, January 27, 2015. Jere L. J ns Mayor ATTEST: 9 Ilk RaNae Edwards, City Clerk - 2 -