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A bill to be entitled

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An act relating to the City of Lakeland, Polk County;

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amending the amended Charter of the City of Lakeland,

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1976; increasing the membership of the Civil Service

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Board; providing for the director of civil service to be a

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city employee; revising the manner of appointment of

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members of the Board of Trustees of the City of Lakeland

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Employee Pension System; providing for qualification of

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members; authorizing the board to employ a retirement

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services director, who shall be a city employee, and

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additional staff; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Sections 2 and 3, Division II, Article I, of the

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Amended Charter of the City of Lakeland, 1976, as amended by

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chapter 77-590, Laws of Florida, is amended to read:

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     Section 2.  APPOINTMENT OF INITIAL MEMBERS.

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     On June 1, 2008, or as soon thereafter as practical As of

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the effective date of this section, in addition to those members

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then serving on the present civil service board who shall

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continue to serve for the terms for which they were appointed,

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the city commission shall appoint three two persons and the full-

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time employees of the city shall appoint three two persons. The

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six four new members shall be appointed in the following manner:

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Two One to serve a one-year term; two one to serve a two-year

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term; and two to serve three-year terms. Upon taking office,

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those members shall select a seventh member. That member shall

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serve a three-year term.

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     Section 3.  APPOINTMENT OF SUBSEQUENT MEMBERS; TERMS.

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     Upon the expiration of the terms described above, successor

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members shall be appointed for terms of three years. Each year

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the City Commission shall appoint one member and the full-time

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employees of the City shall appoint one member. Successors to the

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seventh member serving as the selection of the other members of

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the board shall be selected by the other members of the board.

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Beginning January 1, 1977, and each third year thereafter, or

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upon any earlier vacancy in the membership by the member

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appointed by the members of the board, the board shall appoint

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one member. The method of election of members to the Civil

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Service Board by full-time employees of the City of Lakeland

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under this section and the previous section shall be prescribed

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by ordinance.

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     Section 2.  Sections 6 and 8, Division II, Article I, of the

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Amended Charter of the City of Lakeland, 1976, are amended to

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read:

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     Section 6.  AUTHORITY TO EMPLOY CIVIL SERVICE DIRECTOR,

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CLERK, ETC., AND PRESCRIBE THEIR DUTIES.

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     The civil service board is authorized on behalf of the City

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of Lakeland, with the concurrence of the City Manager, to employ,

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as a City of Lakeland employee, a director of civil service. The

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City of Lakeland, who shall employ such staff of employees as may

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be reasonably necessary for the proper performance of the duties

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of the board. The board shall prescribe the duties to be

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performed by the director of civil service, who shall be

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supervised on a day-by-day basis by the City Manager or his or

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her designee.

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     Section 8. Upon initial appointment of the board and

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immediately after the first of January of each year, the board

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shall organize by electing one of its members as chairman to hold

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office until the election and qualification of his successor at

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the next organization meeting of the said board. In the event the

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office of the board member, who shall be chairman, shall become

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vacant, a new chairman shall be elected by the board immediately

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after such vacancy shall be filled.

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     Section 3.  Section 22.1, Division II, Article II, of the

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Amended Charter of the City of Lakeland, 1976, is amended to

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read:

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     Section 22.1  BOARD OF TRUSTEES, MEMBERS, TERMS OF OFFICE.

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     (a)  The City of Lakeland Employee Pension System shall be

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administered by a pension board consisting of seven (7) trustees.

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Those trustees serving on May 31, 2008, shall continue to serve

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until the expiration of the terms for which they were appointed.

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Subsequent appointments shall be made in accordance with Section

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22.3. The present members of the civil service board and their

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successors in office shall serve also on the pension board.

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Before entering upon his duties as a member of the board, each

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member shall take and subscribe to the oath of office require by

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the city charter, which oath shall be administered and filed by

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the city clerk.

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     (b)  Immediately after the first of January each year, the

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board shall, by majority vote, elect from the trustees a

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chairman. The chairman shall serve for the calendar year. In the

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event the office shall become vacant, a new officer shall

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immediately be elected by the board from among the board members.

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The retirement services civil service director shall serve as

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secretary of the board and shall keep a complete minute book of

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the actions, proceedings, or hearings of the board. The

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retirement services civil service director shall also be the

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custodian of all records and files of said board.

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     (c)  The trustees shall not receive any compensation as such

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but may receive reimbursement for reasonable expenses incurred in

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connection with their duties as a trustee, provided such

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reimbursement is approved by the board.

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     (d)  Any action by the board shall require the vote of at

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least four (4) trustees present and eligible to vote. Four (4)

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trustees present and eligible to vote shall constitute a quorum.

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Any action by the board shall require the vote of at least four

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(4) trustees.

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     (e)  Those board members serving on the effective date of

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this article are hereby continued in office for the remainder of

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their terms.

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     (f)  The board shall meet as often as is necessary, upon the

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call of the chairman or any member thereof, or upon the request

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of the retirement services director of civil service.

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     (g)  The board shall promulgate rules of procedure as may be

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required for the conduct of its business.

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     Section 4.  Sections 22.3, 22.4, and 22.5 are added to

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Division II, Article II, of the Amended Charter of the City of

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Lakeland, 1976, to read:

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     Section 22.3 APPOINTMENT OF SUBSEQUENT TRUSTEES;

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TERMS.

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     Upon the expiration of the terms described in Section

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22.1, successor members of the pension board shall be

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appointed for terms of three years as follows: Each year the

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city commission shall appoint one trustee and the full-time

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employees of the city shall appoint one trustee. Successors

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to the seventh trustee serving as the selection of the other

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members of the board shall be selected by the other members

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of the board. The method of election of members to the

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pension board by full-time employees of the City of Lakeland

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under this section and the previous section shall be

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prescribed by ordinance.

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     Section 22.4 QUALIFICATION OF MEMBERS.

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     Any qualified voter residing in the City of Lakeland,

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Florida, over the age of 21 years, shall be eligible to hold

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office as a member of the pension board, provided that no

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person who has been convicted of a felony, and, except as

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provided in this section, no person who is or has been

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within one year prior to his or her election or appointment

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an officer or employee of the said city shall be eligible

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for election or appointment to such office. The City

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Commission may appoint one person to the pension board who

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is or has been within one year prior to his or her election

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or appointment an officer or employee of the city and the

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full-time employees of the City of Lakeland may appoint one

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such individual to the board, provided that no more than two

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such individuals may serve on the board at any one time.

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     Section 22.5 AUTHORITY TO EMPLOY RETIREMENT SERVICES

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DIRECTOR AND PRESCRIBE THEIR DUTIES.

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     The pension board is authorized on behalf of the City

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of Lakeland, with the concurrence of the City Manager, to

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employ, as a City of Lakeland employee, a retirement

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services director. The City of Lakeland shall employ such

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staff of employees as may be reasonably necessary for the

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proper performance of the duties of the board. The board

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shall prescribe the duties to be performed by the retirement

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services director.

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     Section 5.  This act shall take effect upon becoming a law.