Loading...
02-19-2013 City Council Special Meeting Packet City of Grand Island Tuesday, February 19, 2013 Study Session/Special Meeting Packet City Council: Linna Dee Donaldson Scott Dugan John Gericke Peg Gilbert Chuck Haase Julie Hehnke Vaughn Minton Mitchell Nickerson Bob Niemann Mike Paulick Mayor: Jay Vavricek City Administrator: Mary Lou Brown City Clerk: RaNae Edwards 7:00 PM Council Chambers - City Hall 100 East 1st Street Grand Island Study Session/Special Meeting - 2/19/2013 Page 1 / 109 City of Grand Island Tuesday, February 19, 2013 Call to Order This is an open meeting of the Grand Island City Council. The City of Grand Island abides by the Open Meetings Act in conducting business. A copy of the Open Meetings Act is displayed in the back of this room as required by state law. The City Council may vote to go into Closed Session on any agenda item as allowed by state law. Invocation Pledge of Allegiance Roll Call A - SUBMITTAL OF REQUESTS FOR FUTURE ITEMS Individuals who have appropriate items for City Council consideration should complete the Request for Future Agenda Items form located at the Information Booth. If the issue can be handled administratively without Council action, notification will be provided. If the item is scheduled for a meeting or study session, notification of the date will be given. B - RESERVE TIME TO SPEAK ON AGENDA ITEMS This is an opportunity for individuals wishing to provide input on any of tonight's agenda items to reserve time to speak. Please come forward, state your name and address, and the Agenda topic on which you will be speaking. Grand Island Study Session/Special Meeting - 2/19/2013 Page 2 / 109 City of Grand Island Tuesday, February 19, 2013 Study Session/Special Meeting Item -1 Presentation to Restructure Fire Department Command Structure Staff Contact: Cory Schmidt, Fire Chief Grand Island Study Session/Special Meeting - 2/19/2013 Page 3 / 109 Council Agenda Memo From:Cory Schmidt, Fire Chief Meeting:February 19, 2013 Subject:Restructure/Reclassification of FTEs Item #’s:1 Presenter(s): Cory Schmidt, Fire Chief Background The City contracted ICMA to conduct an analysis of fire operations for the Grand Island Fire Department which was presented in 2012. Several recommendations were presented as options to make the fire department more efficient. One of the recommendations was to consider changing the administrative structure of the Grand Island Fire Department. A second recommendation was to improve the fire education and prevention programs delivered by the department. The organizational structure of the fire department has remained relatively unchanged since the addition of the EMS Division Chief in the1980s. Currently there is a vacant Division Chief position which makes a change easier to accomplish. Discussion The Grand Island Fire Department’s current organizational chart appears top heavy in regards to management. There is a distinct gap in management between shift personnel and upper management. It is proposed to add a middle level of management (Shift Commander) to bridge this gap. Since the retirement of a Division Chief in October 2012, the Fire Chief and the remaining three Division Chiefs have assumed additional duties. Some of the additional duties are very time consuming and are affecting overall performance. The proposed Shift Commander will assume some of these duties. A second requested change is to add a certified life safety inspector. This position will help accomplish the department’s goal of inspecting at least ½ of all commercial properties each year. Currently we are struggling to inspect 1/3 of all commercial properties. Grand Island Study Session/Special Meeting - 2/19/2013 Page 4 / 109 The changes will not increase the Fire Department’s FTEs. A reduction in overall personnel costs should also be achieved. Conclusion This item is presented to the City Council in a Study Session to allow for any questions to be answered and to create a greater understanding of the issue at hand. It is the intent of City Administration to bring this issue to a future council meeting. Grand Island Study Session/Special Meeting - 2/19/2013 Page 5 / 109 FIRE Proposal to Restructure Fire Department Command Structure Presented by Cory Schmidt, Fire Chief 1 Grand Island Study Session/Special Meeting - 2/19/2013 Page 6 / 109 FIRE Restructure administrative staff Develop succession plan Improve fire prevention/public education program Utilize technology to become more efficient ICMA Recommendations 2 Grand Island Study Session/Special Meeting - 2/19/2013 Page 7 / 109 FIRE Current Organizational Chart 3 Fire Chief Admin Assistant Fire Captain (15) Ops Division Chief Life Safety Chief EMS Division Chief Fire/Admin Chief Grand Island Study Session/Special Meeting - 2/19/2013 Page 8 / 109 FIRE Top heavy management Span of control Different work schedule Lack of communication Uniformity issues On-call officer Mentoring/succession planning not effective Problems with Current Structure 4 Grand Island Study Session/Special Meeting - 2/19/2013 Page 9 / 109 FIRE Call volume continues to rise – medical and fire 2000 – 3,131 emergency requests for service 2012 – 4,589 emergency requests for service 47% increase in calls Call Volume Statistics 5 Grand Island Study Session/Special Meeting - 2/19/2013 Page 10 / 109 FIRE Baby Boomers (medical) Growth of Grand Island’s population (1% a year) New construction Aging commercial and residential properties Influx of people (daytime population) Expect continued upward trend in call volume Call Volume factors 6 Grand Island Study Session/Special Meeting - 2/19/2013 Page 11 / 109 FIRE Shift supervision will continue to be difficult Lack of uniformity Training issues Quality control may decrease Succession planning/mentoring needs to be addressed Future Issues 7 Grand Island Study Session/Special Meeting - 2/19/2013 Page 12 / 109 FIRE Time to improve fire department management Maintaining or improving level of service will require better utilization of current resources and/or additional resources Need strategic management on each shift where it is most beneficial Grand Island has reached a threshold 8 Grand Island Study Session/Special Meeting - 2/19/2013 Page 13 / 109 FIRE Solution #1 - Continue with current structure Solution #2 – Leave Division Chief position open Solution #3 – Reclassify three Captains to Shift Commanders Options? 9 Grand Island Study Session/Special Meeting - 2/19/2013 Page 14 / 109 FIRE Continue with current system Pros: Costs remain predictable and known track record Cons: Current issues will persist and doesn’t address future City growth Solution #1 10 Grand Island Study Session/Special Meeting - 2/19/2013 Page 15 / 109 FIRE Leave vacant Division Chief position open Pros: Saves personnel costs Cons: Remaining officers will be unable to perform all duties, doesn’t address current/future issues Solution #2 11 Grand Island Study Session/Special Meeting - 2/19/2013 Page 16 / 109 FIRE Reclassify three Captains to Shift Commanders Pros: Better management at shift level, improves mentoring/succession planning, in line with ICMA recommendation Cons: Requires creating positions, testing, and additional work for Human Resources Solution #3 12 Grand Island Study Session/Special Meeting - 2/19/2013 Page 17 / 109 FIRE Shift Commanders are essentially shift supervisors. GIFD has 3 shifts (A,B,C) each 24 hours long. In Grand Island, this would be a union position. Example: “A” shift begins shift at 0700 on Monday. Their shift ends at 0700 on Tuesday. “B” shift begins shift at 0700 on Tuesday. Their shift ends at 0700 on Wednesday. What is a Shift Commander? 13 Grand Island Study Session/Special Meeting - 2/19/2013 Page 18 / 109 FIRE Evaluate Captain’s job performance Reviews reports for quality issues Supervises training operations for shift Coordinates activities among shifts and stations Investigates fires for origin and cause Respond to major emergencies, act as Incident Commander Duties of Shift Commander 14 Grand Island Study Session/Special Meeting - 2/19/2013 Page 19 / 109 FIRE Act as representative for shift to upper management Act as mentor for new and aspiring Captains Facilitate succession planning Make daily staffing assignments (including coordination of time off, overtime, etc) Schedule shift activities Duties of Shift Commander 15 Grand Island Study Session/Special Meeting - 2/19/2013 Page 20 / 109 FIRE Shift supervision on a 24/7 basis Span of control – reduced Uniformity Safer work environment Mentoring and succession plan Division Chiefs can focus on their specific job duties Utilize technology on emergency scene Benefits of Shift Commander 16 Grand Island Study Session/Special Meeting - 2/19/2013 Page 21 / 109 FIRE One of the past arrays used by the City of Grand Island and IAFF 647 consisted of six cities. The cities were Norfolk; Fremont; North Platte; Salina, Kansas; Rapid City, South Dakota; and Council Bluffs, Iowa . At least four out of the six cities utilize a similar position North Platte, Nebraska Salina, Kansas Rapid City, South Dakota Council Bluffs, Iowa 17 Are Shift Commanders common? Grand Island Study Session/Special Meeting - 2/19/2013 Page 22 / 109 FIRE Are Shift Commanders common? 18 Grand Island Study Session/Special Meeting - 2/19/2013 Page 23 / 109 FIRE Info requests were sent to cities with populations between 40,000 - 60,000 (151 total) 59 responded 53 out of the 59 cities utilized Shift Commanders or equivalent (89.8%) Are Shift Commanders common? 19 Grand Island Study Session/Special Meeting - 2/19/2013 Page 24 / 109 FIRE *Shift Commander $112,946 x 3 = 338,838 *Fire Captain $103,916 x 3 = 311,748 Increased expense $27,090 *Total employee cost at top pay, including taxes, insurance, benefits, etc . True cost of Shift Commander 20 Grand Island Study Session/Special Meeting - 2/19/2013 Page 25 / 109 FIRE Eliminate Fire/Admin Division Chief (currently vacant due to retirement) Current cost for Division Chief $122,666 Apply savings to cost of Shift Commander Paying for Shift Commander 21 Grand Island Study Session/Special Meeting - 2/19/2013 Page 26 / 109 FIRE $122,666 (savings result of Division Chief elimination ) -27,090 (Shift Commander additional costs) $95,576 savings Paying for Shift Commander 22 Grand Island Study Session/Special Meeting - 2/19/2013 Page 27 / 109 FIRE 23 Fire Chief Admin Assistant Shift Commander (3) Ops Division Chief Life Safety Chief EMS Division Chief A,B,C Shift Grand Island Study Session/Special Meeting - 2/19/2013 Page 28 / 109 FIRE Create job description and test procedure meeting Civil Service rules to develop candidate list Obtain Council Approval to amend salary ordinance and FTE classifications Promote three Captains to Shift Commander Eliminate Fire/Admin Division Chief How to implement changes? 24 Grand Island Study Session/Special Meeting - 2/19/2013 Page 29 / 109 FIRE Shift commanders will provide better management Mentoring and succession planning possible Grand Island is a growing city, need to prepare for future Financially makes good sense Implements ICMA recommendations Summary 25 Grand Island Study Session/Special Meeting - 2/19/2013 Page 30 / 109 FIRE Questions/Comments? 26 Grand Island Study Session/Special Meeting - 2/19/2013 Page 31 / 109 FIRE ICMA study said, “Grand Island has a very limited prevention program which has shrunk. Inspections of commercial establishments do not regularly take place.” Proposal to hire a certified life safety inspector 27 Grand Island Study Session/Special Meeting - 2/19/2013 Page 32 / 109 FIRE Our focus in the Fire Prevention Division is to decrease the number and severity of all fires within our City This is typically accomplished by inspection, plan review, and public education Most inspections are conducted by engine companies subject to emergency call Fire Prevention Mission 28 Grand Island Study Session/Special Meeting - 2/19/2013 Page 33 / 109 FIRE Currently 2,337 commercial properties in Grand Island (and growing) In 2012, 465 life safety inspections were completed Current goal is to complete at least 1/3 yearly (779) Commercial Property 29 Grand Island Study Session/Special Meeting - 2/19/2013 Page 34 / 109 FIRE Pursuant to Nebraska Revised Statute Section 81-502, Fire Marshal Hotz has been delegated the responsibility to conduct State inspections in Grand Island city limits State Delegated Inspections 30 Grand Island Study Session/Special Meeting - 2/19/2013 Page 35 / 109 FIRE Increases workload tremendously in the Fire Prevention Division Examples of State delegated inspections: In home daycares, adult daycare centers, nursing homes, health care facilities, underground storage tanks, liquor licenses, plan reviews, etc. State Delegated Inspections 31 Grand Island Study Session/Special Meeting - 2/19/2013 Page 36 / 109 FIRE Responsive to our community Financial compensation Fiscal year 2011-12 received $44,693.72* *Does not include any tank inspection fees Why do we perform State inspections? 32 Grand Island Study Session/Special Meeting - 2/19/2013 Page 37 / 109 FIRE Declining number of annual inspections completed Engine company crews are not certified as inspectors Time is limited due to increasing call volume and training requirements City is growing, inspections will continue to fall further behind Improvement is needed 33 Grand Island Study Session/Special Meeting - 2/19/2013 Page 38 / 109 FIRE We have come to a critical time in our City. In order to remain effective in fire prevention, we need to hire one full time life safety inspector in addition to our current Fire Marshal. Survey earlier mentioned: 47 cities out of the 59 that responded have dedicated life safety inspectors in addition to Fire Marshal. (79.66%) Is there a solution? 34 Grand Island Study Session/Special Meeting - 2/19/2013 Page 39 / 109 FIRE Inspect at least ½ of all commercial properties annually (1,168 per year) Inspections will be more uniform/efficient Ability to schedule inspections Make the community safer Improve code enforcement/prevention (ICMA) Another set of eyes in the community Benefits of an Inspector 35 Grand Island Study Session/Special Meeting - 2/19/2013 Page 40 / 109 FIRE Pay and benefits based on Building Department inspector position (IBEW-Clerical/Service Union) $85,117 (Total employee costs includes all benefits, taxes, etc.) Cost of a Life Safety Inspector 36 Grand Island Study Session/Special Meeting - 2/19/2013 Page 41 / 109 FIRE Apply savings from reorganization to offset costs for an inspector Take over underground tank inspection from the State, ($3,175) Enforce $100 inspection fee schedule for all major events (concerts, exhibitions, etc.) Paying for Inspector 37 Grand Island Study Session/Special Meeting - 2/19/2013 Page 42 / 109 FIRE Apply savings from earlier proposal – cost of inspector at current top pay with full benefits $95,976 – 85,117 $10,859 in total savings Paying for Inspector 38 Grand Island Study Session/Special Meeting - 2/19/2013 Page 43 / 109 FIRE Develop job description and hiring procedure Request Council approval to amend salary ordinance and FTE classifications Hire certified life safety inspector Regularly evaluate position for performance ( goal of at least 5 inspections per work day) Implementing Inspector 39 Grand Island Study Session/Special Meeting - 2/19/2013 Page 44 / 109 FIRE FTEs will remain the same for the department Work towards ICMA recommendation of better code enforcement/prevention No additional cost to City Summary 40 Grand Island Study Session/Special Meeting - 2/19/2013 Page 45 / 109 FIRE Questions? 41 Grand Island Study Session/Special Meeting - 2/19/2013 Page 46 / 109 City of Grand Island Tuesday, February 19, 2013 Study Session/Special Meeting Item .X1 Strategy Session with Respect to Threatened Litigation he City Council may hold a closed or Executive Session as permitted by Neb. Rev. Stat. Sec. 84-1410. Closed sessions may be held for, but shall not be limited to such reasons as: 1. Protection of the public interest. 2. Needless injury to the reputation of an individual. 3. Strategy sessions with respect to a. collective bargaining, b. real estate purchases, c. pending litigation, or d. imminent or threatened litigation. 4. Discussion regarding deployment of security personnel or devices. 5. For the Community Trust created under Sec. 81-1801.02, discussion regarding the amounts to be paid to individuals who have suffered from a tragedy of violence or natural disaster. Staff Contact: Robert Sivick Grand Island Study Session/Special Meeting - 2/19/2013 Page 47 / 109 City of Grand Island Tuesday, February 19, 2013 Study Session/Special Meeting Item H1 Reconsidering the Postponement of Resolution #2013-46 Staff Contact: Robert J. Sivick, City Attorney Grand Island Study Session/Special Meeting - 2/19/2013 Page 48 / 109 Council Agenda Memo From:Robert J. Sivick, City Attorney Meeting:February 19, 2013 Subject:Reconsidering the Postponement of Resolution 2013-47 and Authority of the Police Pension Committee Item #’s:H-1 and I-1 Presenter(s): Robert J. Sivick, City Attorney Background In 1983 the Nebraska Legislature passed LB237 which contained the Police Officers Retirement Act (Act), codified in Article 10(a) of Chapter 16, §§16-1001 - 1019 of the Nebraska Revised Statutes. The Act and the resulting statutes addressed issues regarding pensions for police officers employed by First Class Cities. Nebraska Revised Statutes §16-1014 states in part, A retirement committee shall be established to supervise the general operation of the retirement system established pursuant to the Police Officers Retirement Act. The governing body of the city shall continue to 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 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. A search of City records indicates the Grand Island City Council (Council) as the governing body of the City of Grand Island (City) never delegated any authority pursuant to §16-1014 to the Police Pension Committee. On January 17, 2013 and February 5, 2013 the Council approved Resolutions 2013-17(A) and 2013-26(B) respectively. Those resolutions set forth directives from the Council that police pension benefits be determined using a straight life annuity calculated on a basis specific to the gender and age of the retiree. Grand Island Study Session/Special Meeting - 2/19/2013 Page 49 / 109 During meetings of the Police Pension Committee (Committee) held on January 24 and February 8, 2013, certain members of the Committee expressed the belief they were not bound by the directives contained in Resolutions 2013-17(A) and 2013-26(B). In addition, at the meeting held on February 8, 2013 the Committee approved a Motion to retain alternative legal counsel. This matter came before the Council for consideration at the meeting held on February 12, 2013. At that meeting the President of the Fraternal Order of Police and police officer members of the Committee argued the Council previously granted the Committee all manner of authority, including retaining counsel, by virtue of Ordinance 8413. Ordinance 8413 was approved in 1998 for the purpose of authorizing the City to enter into an agreement with the International City/County Management Association (ICMA) for the sole purpose of administering the police pension system. This ordinance did not grant any authority to the Committee and is no longer in effect as Resolutions 2005-23, 2005-42, and Ordinance 9195 constitute the subsequent transfer of management authority of the police pension system to Wells Fargo. The Council approved a Motion to postpone consideration of Resolution 2013-46 to February 26, 2013. The Council’s failure to take immediate action has worsened the situation regarding the Committee’s assumption of authority it does not have. On February 13, 2013 the Grand Island Independent reported the Committee Chairperson was not sure if he would wait until the Council made a decision on the matter before retaining legal counsel. In addition, on February 15, 2013 the Committee discussed retaining a court reporter to record and transcribe Committee meetings. No action was taken on hiring a court reporter but one member of the Committee announced he would discuss the matter with the Committee’s legal counsel. It is imperative the Council reconsider its previous Motion and approve Resolution 2013- 46 before the City and its taxpayers are further obligated to pay expenses incurred by the Committee. Accordingly, Council President Bob Niemann requested the Council reconsider its Motion to postpone Resolution 2013-46 to February 26, 2013. Discussion The Motion to postpone Resolution 2013-46 to February 26, 2013 may be reconsidered by the Council pursuant to Robert’s Rules of Order (Robert’s Rules). Page 76 of the 11th edition of that publication states in part, If, in the same session that a motion has been voted on but no later than the same day or the next day on which a business meeting is held, new information or a changed situation makes it appear that a different result might reflect the true will of the assembly, a member who voted with the prevailing side can, by moving to Reconsider the vote, propose that the question come before the assembly again as if it had not previously been voted on. Grand Island Study Session/Special Meeting - 2/19/2013 Page 50 / 109 The Motion to postpone Resolution 2013-46 was approved on February 12, 2013. Since the Council does not meet and conduct business every day, the next day on which a business meeting is scheduled will be Tuesday, February 19, 2013. Therefore, the Motion to reconsider is proper under Robert’s Rules. The Police Pension Committee’s authority is limited to ministerial duties set forth in Neb. Rev. Stat. §16-1017. Any additional authority must be delegated by the Council. Most importantly, the Committee is subordinate to the authority of the Council as the governing body of the City. Statements and actions made at recent meetings of the Committee necessitate the Council specifically setting forth the authority of the Police Pension Committee. Resolution 2013-46 affords the Council the opportunity to do so. Alternatives It appears the Council has the following alternatives concerning the issue at hand. The Council may: 1.Move to approve. Recommendation The City Administration supports Council President Niemann’s request and recommends the approval of a Motion to reconsider the postponement of consideration of Resolution 2013-46 to February 26, 2013. The City Administration supports Council President Niemann’s request and recommends the approval of Resolution 2013-46. Sample Motion Move to reconsider postponement of consideration of Resolution 2013-46. Move to approve Resolution 2013-46. Grand Island Study Session/Special Meeting - 2/19/2013 Page 51 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 52 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 53 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 54 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 55 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 56 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 57 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 58 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 59 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 60 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 61 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 62 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 63 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 64 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 65 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 66 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 67 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 68 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 69 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 70 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 71 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 72 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 73 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 74 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 75 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 76 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 77 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 78 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 79 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 80 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 81 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 82 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 83 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 84 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 85 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 86 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 87 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 88 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 89 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 90 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 91 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 92 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 93 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 94 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 95 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 96 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 97 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 98 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 99 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 100 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 101 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 102 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 103 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 104 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 105 / 109 Grand Island Study Session/Special Meeting - 2/19/2013 Page 106 / 109 City of Grand Island Tuesday, February 19, 2013 Study Session/Special Meeting Item I1 #2013-46 - Consideration of Authority of the Police Pension Committee This Item relates to the aforementioned Request and Referral Item H-1. Staff Contact: Robert J. Sivick, City Attorney Grand Island Study Session/Special Meeting - 2/19/2013 Page 107 / 109 Approved as to Form ¤ ___________ February 15, 2013 ¤ City Attorney R E S O L U T I O N 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 WHEREAS, during the meeting of the Police Pension Committee held on Grand Island Study Session/Special Meeting - 2/19/2013 Page 108 / 109 - 2 - 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 19, 2013. _______________________________________ Jay Vavricek, Mayor Attest: _______________________________________ RaNae Edwards, City Clerk Grand Island Study Session/Special Meeting - 2/19/2013 Page 109 / 109