PB 03/26/1998 Minutes - Laserfiche WebLink

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Police Officers' and Firefighters' Pension Board March 26, 1998 Page 7 I had the fifth member scheduled to be ratified by the Commission at the February meeting after the board met, but the February meeting of the Pension Board was canceled. CHRISTIANSEN: I That's too bad, we should have met and that would have taken care of it. SCHLUCKEBIER: The employees have a right to leave the plan but they haven't necessarily resigned from their election or appointment. McPHERSON: They haven't really been appointed because we haven't brought them in as yet. CHRISTIANSEN: But you see the problem is one of the requirements to be a member of this board, you have to be a member of the plan to be elected. SCHLUCKEBIER: If they were duly elected, how long may they continue membership? CHRISTIANSEN: That is what I am saying, once they opted out of the plan, they were no longer a member of the plan so they are no longer qualified to be a member of the Board. It is like a chicken and egg situation. SCHLUCKEBIER: Actually we have had parallel situations where we have asked the City Attorney for an opinion as to residence status of members of our other boards - as long as they have proper credentials when they are appointed, they retain their membership status on the Board for the duration of their term. CHRISTIANSEN: I don't agree with that, not for this Board. SCHLUCKEBIER: And that is your opinion, I haven't asked our City Attorney to rule and that would definitely be your call. CHRISTIANSEN: I don't agree because it clearly says a member. SCHLUCKEBIER: What we have then is a quandary where there may not be a Board seated. CHRISTIANSEN: I know exactly, I am not sure what the answer is, if we can just extend Mary's term. SCHLUCKEBIER: Her term continues until a successor or replacement is named. CHRISTIANSEN: It would give her the opportunity to vote, but theoretically the plan also says that she is selected by the other four.