HomeMy WebLinkAbout1998-024 Fire Relief and Pension Board • • ORDINANCE NO. 98-4 1
AN ORDINANCE relating to the firemen's relief and pension fund; changing the method of
selecting the secretary for the firemen's relief and pension fund board of trustees;
changing the manner in which the date of monthly meetings of the board will be
determined; and amending Section 1.47.050 and Section 1.47.060 of the City of
Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Sections 1.47:050 and 1.47.060 of the City of Yakima Municipal Code are hereby
amended to read as follows:
"1.47.050 Board of trustees.
The firemen's relief and pension fund shall be under the management and
control of a board of trustees consisting of the mayor of the city, the city clerk, director of
finance and budget and two members of the fire department chosen by it by ballot in the
manner prescribed by law. The mayor shall be chairman of the board, thc city clerk it;
- , .. . - _,_ - .- . ... - _ ._ . - . The board shall select and
appoint a secretary by majority vote of the board members present at any regular board
meeting. The secretary may, but need not be a member of the board.
• 1.47.60 • Board of trustees—Meetings — Rules.
The board of trustees shall meet at least once monthly
er ,_ - - _ -, the date, time and place as maybe prescribed
by the board. It shall make all such rules and regulations as may be necessary to carry
out the purpose for which it is created, and shall in all respects proceed in accordance
with and be governed by the terms and provisions of RCW Chapter 41.16."
Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval,
and publication as provided by law and by the City Charter.
PASSED BY THE C11 Y COUNCIL, signed and approved this day of Tu ,1998.
ATTEST: John Puccinelli, Mayor
City Clerk c
Publication Date: / D -" I
Effective Date:
Page l
ukkaf. P..e moa,.
• 'E •-AND Mo_ N'E D ._
The Yakima Fire Fighters Pension Board under RCW 41.16.020,
41.16.040 and the Yakima Fire Fighters Pension Board Policies and
Procedures 2.0, 4.0 (copies attached) have the power to:
1. Select and appoint a Secretary by majority vote of Board members
present at any regular Board meeting who . may, but need not be a
member of the Board. [RCW 41.16.020, 41.16.040(9), Board
Policy 2.1A]
2. Grant to the Secretary the authority to designate a recording clerk
and/or an assistant. [RCW 41.16.040(9), Board Policy 2.3A]
3. Assign or reassign by majority vote of members present at any
regular Board meeting to an individual, who may or may not be a
member of the Board, the duty of calculating ongoing monthly
pension benefits. [RCW 41.16.040(9), Board Policy 4.2A(2)] •
If the City of Yakima makes available an individual from the City Clerk's
Office, the Fire Pension Board Secretary has the authority, granted by
the Board under RCW 41.16.040(9) and Board Policy 2.3A(2), to
designate this individual as a recording clerk and/or an assistant to the
Fire Pension Board Secretary to aid with the performance of duties
outlined in Board Policy 2.3.
It is understood that this designated recording clerk and /or assistant,
while performing tasks as defined under Board Policy 2.3, for the Fire
Pension Board Secretary, is in a fiduciary relationship with the Fire
Pension Board Secretary and Fire Pension Board and not the City
Clerk.
It is further understood that under RCW 41.16.040(9) and Board Policy
4.2A(2) the duty of calculating ongoing monthly pension benefits shall
be assigned or reassigned by the Fire Pension Board.
This MEMORANDUM OF UNDERSTANDING is to be made part of the
minutes of the regular Fire Pension Board meeting held March 13,
1997.
Page 1 of 6 0012197
2.0 PENSION BOARD ADMINISTRATION • 41)
2.1 Membership.
A. The Board shall consist of five members: The Mayor, or designated.representative who shall
be an elected official of the City of Yakima, who shall be Chairperson of the Board, the_City
Clerk, the Director of Finance and Budget, and two Fire Fighters, active or retired, elected by
secret ballot as outlined in Section 3.0. The two Fire Fighters so elected shall select a third
Fire Fighter who shall serve as an alternate in the event of an absence of one of the
regularly elected members. The Board may select and appoint a secretary by majority vote
of Board members present at any regular Board meeting who may, but need not be a
member of the Board..[RCW 41.16.020, 41.16.040(9)]
2.3 Secretary.
A. The Secretary, who may designate a recording clerk and/or an assistant, shall keep a record
of all its proceedings and prepare an agenda prior to the regular scheduled meeting which
shall be provided, along with the minutes of the previous meeting, at least one week prior to
the next regularly scheduled meeting.
(1) Additional duties of the Secretary shall be processing medical claims, exam
• scheduling, correspondence with pensioners, follow up to meeting minutes and
pension elections.
(2) The Secretary shall supply to any Board member upon request a printout of the
monthly report reflecting the allowances paid out to members of the Pension System. 40
B. It shall also be the duty of the Secretary, to approve vouchers causing warrants to be issued
for allowed payment of.daims from the Fund as required in Section 4.2G.
C. The Secretary shall further have the responsibility to certify and sign a list, to be submitted to
the Board, of all persons entitled to payment from the Fund, stating the amount and purpose
of such payment in accordance with Section 4.2H.
(1) Such a list shall be produced by the Secretary showing each increase in allowances for
retired members attached to a rank, or an increase in benefits for retired members due
to the July CPI as declared by the Board. ,
(a) The list reflecting the increase attached to a rank shall be accompanied with the
proper City of Yakima Pay Ordinance.
(b) The list reflecting the July CPI shall be accompanied with the proper index
information compiled and calculated for the previous calendar year by the
Bureau of Labor Statistics of the United States Department of Labor as shown in
Section 10.7.
D. The Secretary shall create two annual reports to be presented to the Board each April
meeting. These reports are:
(1) Income/Expense Statement showing the activity of the Fund for the previous calendar
year.
(2) Balance Sheet showing the condition of the Fund as of December 31st each year.
[RCW 41.16.040(7)(8)(9)]
Page2of6 03112,97
4.0 POWERS OF THE BOARD
4.1 Board created and powers granted by Washington State legislature. [RCW 41.16.040,
41.26.110(a)].
4.2 The Board shall have such general powers to rule on all matters govemed under Chapters 41.16,
41.18, 41.26 (LEOFF I) RCW as those chapters now exist or may hereafter be amended relating to
fire fighters, and in addition thereto, the power to:
A. Supervise and control the administration of the Yakima Fire Fighters Pension Fund,
cited hereinafter as the "Fund ".
(1) The Board shall designate two members who shall calculate initial retirement
pension benefits for new retirees and submit calculations to the Board for approval.
(2) The Board shall assign or reassign by majority vote of members present at any regular
Board meeting to an individual, who may or may not be a member of the Board, the
duty of calculating ongoing monthly pension benefits.
(3) The individual calculating ongoing monthly pension benefits shall attend all regular
Board meetings.
(4) All Board members shall have direct line of communications to the individual
calculating ongoing monthly pension benefits.
• B. Pass upon and allow or disallow all applications for pensions or other benefits.
C. Provide for payment from the Fund necessary expenses of maintenance and administration
of the Pension System and Fund.
D. Invest the moneys of the Fund in a manner consistent with the investment policies outlined
in RCW 35.39.060.
E. Employ such agents, employees and other personnel as the Boani may deem necessary for
the proper administration of the Pension System and Fund.
F. Compel witnesses to appear and testify before it, in the same manner as is provided by law
for the taking of depositions in the superior court. Any member of the Board may administer
oaths to witnesses who testify before the Board of a nature and in the same manner to oaths
administered by superior courts of the State of Washington.
G. Issue vouchers approved by the Chairperson and Secretary and to cause warrants thereto to
be issued and paid from the Fund for the payment of claims allowed by it.
H. Keep a record of all its proceedings, which record shall be public; and prepare and file with
the City Treasurer and the City Clerk prior to the date when any payments are to be made
from the Fund, a list of all persons entitled to payment from the Fund, stating the amount
and purpose of such payment, said list to be certified to and signed by the Chairperson and
Secretary of the Board and attested under oath.
(1) Records of closed sessions, as allowed under Section 4.3, to consider matters
which are quasi - judicial, either written or audio recorded, are for the Board's use
only. Confidential information, medical or otherwise, relating to any member's
claim or application shall be released to other parties only with the member's
written permission.
Page 3 of 6 03/12/97
I. Make rules and regulations not inconsistent with Chapters 41.16, 41.18, 41.26 (LEOFF I)
RCW for the purpose of carrying out and effecting the same.
J. The Board shall hear and decide all applications for such relief or pensions under Chapters
41.16, 41.18, 41.26 (LEOFF I) RCW, and its decisions on such applications shall be final
and conclusive and not subject to revision or reversal except by the Board.
4.3 The Board shall further have the power to go into closed session to consider matters which are
quasi- judicial in nature. 4110
Page 4 of 6 03/12/97
. .
411 : �►� 61 I •• ii 81. • •i— u••••• rig :_i • —OA • la II
There is
hereby created in each city and town a municipal firemen's pension board to consist of the following five
members, ex officio, the mayor, or in a city of the first class, the mayor or his designated representative who
shall be an elected official of the city, who shall be chairman of the board, the city comptroller or clerk, the ,
chairman of finance of the city council, or if there is no chairman of finance, the city treasurer, and in
addition, two regularly employed or retired firemen elected by secret ballot of the employed and retired
firemen. , Retired members who are subject to the jurisdiction of the pension board have both the right to
elect and the right to be elected under this section. The members to be elected by the firemen shall be
elected armually for a two year term. The two firemen elected members shall, in turn, select a third eligible
member who shall serve as an alternate in the event of an absence of one of the regularly elected members.
In case a vacancy occurs in the membership of the firemen or retired members, the members shall in the
same manner elect a successor to serve his unexpired term. The board may select and appoint a secretary
who may, but need not be a member of the board. In case of absence or inability of the chairman to act, the
board may select a chairman pro tempore who shall during such absence or inability perform the duties and
exercise the powers of the chairman. A majority of the members of said board shall constitute a quorum
and have power to transact business. [1988 c 164 § 2; 1973 1st ex.s. c 19 § 1; 1961 c 255 § 10; 1947 c 91 §
2; Rem. Supp. 1947 § 9578 -41. Prior: 1935 c 39 § 1; 1919 c 196 § 3; 1909 c 50 §§ 1, 2:]
•
411
Page 5 of 6 03/12/97
•
•
RCW 41.16.040 Powers and duties. The board shall have such general powers as are vested in it by the
provisions of this chapter, and in addition thereto, the power to:
(1) Generally supervise and control the administration of this chapter and the firemen's pension fund
created hereby.
(2) Pass upon and allow or disallow all applications for pensions or other benefits provided by this
chapter.
(3) Provide for payment from said fund of necessary expenses of maintenance and administration of said
pension system and fund.
(4) Invest the moneys of the fund in a manner consistent with the investment policies outlined in RCW
35.39.060, Authorized investments shall include investment grade securities issued by the United States,
state, municipal corporations, other public bodies, corporate bonds; and other investments authorized by
RCW 35.39.030, 35.58.510, 35.81.070, 35.82.070, 36.29.020, 39.58.020, 39.58.080, 39.58.130, 39.60.010,
39.60.020, 68.52.060, 68.52.065, and 72.19.120.
(5) Employ such agents, employees and other personnel as the board may deem necessary for the proper
administration of this chapter.
(6) Compel witnesses to appear and testify before it, in the same manner as is or maybe provided by law
for the taking of depositions in the superior court. Any member of the board may administer oaths to
witnesses who testify before the board of a nature and in a similar manner to oaths administered by superior
courts of the state of Washington.
(7) Issue vouchers approved by the chairman and secretary and to cause warrants therefor to be issued
and paid from said fund for the payment of claims allowed by it.
(8) Keep a record of all its proceedings, which record shall be public; and prepare and file with the city
treasurer and city clerk or comptroller prior to the date when any payments are to be made from the fund, a
list of all persons entitled to payment from the fund, stating the amount and purpose of such payment, said
list to be certified to and signed by the chairman and secretary of the board and attested under oath.
(9) Make rules and regulations not inconsistent with this chapter for the purpose of carrying out and
effecting the same.
(10) Appoint one or more duly licensed and practicing physicians who shall examine and report to the
board upon all applications for relief and pension under this chapter. Such physicians shall visit and
examine all sick and disabled firemen when, in their judgment, the best interests of the relief and pension
fund require it or when ordered by the board. They shall perform all operations on such sick and injured
firemen and render all medical aid and care necessary for the recovery of such firemen on account of
sickness or disability received while in the performance of duty as defined in this chapter. Such physicians
shall be paid from said fund, the amount of said fees or salary to be set and agreed upon by the board and
the physicians. No physician not regularly appointed or specially appointed and employed, as hereinafter
provided, shall receive or be entitled to any fees or compensation from said fund as attending physician to a
sick or injured fireman. If any sick or injured fireman refuses the services of the appointed physicians, or
the specially appointed and employed physician, he shall be personally liable for the fees of any other
physician employed by him. No person shall have a right of action against the board or the municipality for
negligence of any physician employed by it. The board shall have the power and authority to select and
employ, besides the regularly appointed physician, such other physician, surgeon or specialist for
consultation with, or assistance to the regularly appointed physician, or for the purpose of performing
operations or rendering services and treatment in particular cases, as it shall deem advisable, and to pay fees
for such services from said fund. Said board shall hear and decide all applications for such relief or
pensions under this chapter, and its decisions on such applications shall be final and conclusive and not
subject to revision or reversal except by the board [1992 c 89 § 1; 1967 ex.s. c 91 § 1; 1947 c 91 § 4; Rem.
Supp. 1947 § 9578 -43. Prior: 1929 c 86 § 1; 1919 c 196 § 3; 1909 c 50 § 3.]
Page 6 of 6 03/12/97
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
• Item' No. c
For Meeting Of 6/23/98
ITEM TITLE: Consideration of Ordinance Amending the Municipal Code relating
to the Fire Relief and Pension Board Secretary and Meetings
SUBMITTED BY: Fire Relief and Pension Board
CONTACT PERSON/TELEPHONE: Karen S. Roberts, Secretary/575-6037
SUMMARY EXPLANATION:
The proposed amendments to the Yakima Municipal Code (YMC) are requested in order
to reflect current state law and the Board's policies.
Section 1.47.050 currently specifies that the city clerk shall be the Board secretary.
RCW 41.16.020 and 41.16.040 states the Board may appoint a secretary, who may, or
may not be, a member of the board. The Pension Board changed its policy to reflect
this wording and requests the Municipal Code also be changed.
YMC Section 1.47.60, relating to board meetings, specifies the meeting date in the
current language; however, RCW 41.16.040 states that the Board shall meet at least
monthly.
Resolution _ Ordinance X Contract _ Other (Specify) RCW 41.16.020 and
.040. Memorandum of Understanding (Pension Board) and excerpt from the Pension
Board Policy
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Pass Ordinance.
BOARD /COMMISSION RECOMMENDATION: The Pension Board recommends
passage of the ordinance.
110 COUNCIL ACTION: