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Home My WebLink About9263 - Public Employees Retirement System11 . a OL RESOLUTION NO. 9263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADOPTING CERTAIN PROCEDURES FOR CONDUCTING AN ELECTION TO DETERMINE IF THE CITY SHOULD AMEND ITS CONTRACT WITH THE PUBLIC EMPLOYEES RETIREMENT SYSTEM TO PROVIDE FOR THE 2% AT 50 RETIREMENT PLAN FOR PUBLIC SAFETY MEMBERS WHEREAS, the City of Newport Beach has entered into a Memorandum of Understanding with the Newport Beach Police Employees Association, the Newport Beach Fire Fighters Association, and the Newport Beach Ocean Lifeguard Association respectively; and WHEREAS, said Memoranda provide in part for an amendment of the contract with the Public Employees Retirement System (PERS) to provide for the inclusion of Section 21252.01 of the California Government Code, referred to as the 2% at 50 retirement formula; and WHEREAS, on December 19, 1977, the City Council adopted Resolution 9253 expressing its intent to amend the City's contract with PERS to include the 2% at 50 Retirement Plan for safety members; and WHEREAS, Section 20457 of the California Government Code provides that such a contract amendment shall not be approved unless an election has been held to permit the employees affected by said amendment to express by secret ballot their approval or disapproval of the retirement proposal; and WHEREAS, procedures for conducting said election have been prepared and attached to and made a part of this Resolution • by this reference; and WHEREAS, the City Council has reviewed said election procedures and found them to be fair and equitable; M NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby adopts the attached procedures for conducting an election in compliance with • California Government Code Section 20457. ADOPTED this ATTEST: City Cler I A3 ORN�IN6lf 00 M Citt or $4 VACH PAS, _JAN 11 1978 • DDO /bc 1/3/78 ELECTION PROCEDURES 2% AT AGE 50 RETIREMENT PLAN AMENDMENT TO CONTRACT In the interest of affording employees the right to express approval or disapproval of this Retirement Amendment by secret ballot, and to promote confidence in the election results, the following procedures are set forth: ® ELECTION SCHEDULE Department Marine Department Police Department Place Personnel Office City Hall Auditorium," Police Station Time Date 8:30 a,m,- �.11:00'a,m, -1 =17x78 8:00 a.m; - 12:00 a,m. 1 -17 -78 3:00 p.m. - 5:00 p.m. 1 -17 -78 Fire Department Sta., #2 Lido 9:00 a.m. - a, (1- 18 -78> ELECTION PROCEDURES 2% AT AGE 50 RETIREMENT PLAN AMENDMENT TO CONTRACT In the interest of affording employees the right to express approval or disapproval of this Retirement Amendment by secret ballot, and to promote confidence in the election results, the following procedures are set forth: ® ELECTION SCHEDULE Department Marine Department Police Department Place Personnel Office City Hall Auditorium," Police Station Time Date 8:30 a,m,- �.11:00'a,m, -1 =17x78 8:00 a.m; - 12:00 a,m. 1 -17 -78 3:00 p.m. - 5:00 p.m. 1 -17 -78 Fire Department Sta., #2 Lido 9:00 a.m. - 9:20 a.m, (1- 18 -78> #1 Peninsula 9:30 a.m. - 9:50 a.m. (1 -19 -78 #6 Mariner's 10:00 a.m.- 10:20 a.m. (1 -20 -78 #5 Corona del Mar 10:30 a.m.- 10:50 a.m. All 3 days #4 Balboa Island 11:00 a.m. - 11:20 a.m. at each Station. #3 Newport Center 11:30 a.m. - 12:00 a.m. ELECTION BOARD The Election Board will be constituted as follows: Election Representative: An Election Representative will be designated by the City Manager to oversee the balloting process. The Election Representative will act as custodian of the Ballot Box, and will be responsible for maintaining the security of executed ballots for each of the three separate elections as scheduled herein, and (1) direct the activities of members assigned to assist in the conduct of the election; (2) set up a system of accountability that confirms each Safety Member's awareness of the election and ensures their opportunity to vote; (3) take steps to close the voting in the event of irregu- larities (in which case all records will then be returned to the Office of the City Manager for action as deemed appropriate); and (4) certify the outcome of the election to the Office of the City Clerk. Election Assistant: The President of the appropriate Employees' Association(s) or his designee will be called upon to assist the Election Representative in conducting the election, and these individuals will constitute the Election Board for their respective departments. Election Assistants will be asked to witness the balloting process, to identify each person who votes and to account for their ballot. They will be called upon to tabulate ballots and to certify the election results; witness the disposition of voting records at the conclusion of the balloting; and perform other tasks as may be assigned by the Election Representative. ® ELECTION OBSERVERS To the extent that differing interests in the election issue exist, Department Directors shall permit, on request, observers to witness the balloting process, but will limit them to representative numbers. Observers may lodge protests upon witnessing irregularities, but may not intercede in the balloting procedures. 'w a WZ NOTICE OF ELECTION Such notice shall.be promulgated in sufficient, time to ensure notifi- cation to all members entitled to vote., of the time, date and location that balloting is to take place. The notification will include a: summary of major provisions of the 2% at Age 50 Retirement Plan, contribution rates, amounts ® now contributed by the individual member, and voting instructions. ABSENTEE BALLOTING Absentee balloting shall be provided members who are on authorized leaves of absence (vacation, sick leave, etc.). Ballots shall be mailed or delivered in properly addressed and sealed envelopes, containing: (1) a self- addressed envelope for return mailing; (2) a numbered ballot and Notice of Election; (3) a ballot envelope with the members name only, type- written in the upper left corner,_which may be mailed or delivered by the voting member to the City Clerk in accordance with the appropriate election schedule. The City Clerk will release Absentee Ballots to the Board at the close of voting upon request. BALLOTING Ballots will be issued by the Election Board, to the voting member during the hours scheduled for balloting at the place of election. Ballots will be numbered, but not otherwise identified, and each ballot will be placed in double envelopes. The outer envelope will be addressed with the name of the voting,member and include instructions to execute and seal the enclosed ballot in the inner, unmarked envelope for depositing in the Ballot Box. ELECTION BOARD PROCEDURES The Election Board will display an open and empty Ballot Box, in the presence of observers, immediately prior to the commencement of balloting. The Ballot Box will then be padlocked and the custody of the key given over to the Election Assistant until the close of voting. The Ballot Box will not be left unattended by the Election Representative at any time. In the case of an election schedule which requires Balloting on separate days,.the Ballot Box shall be escorted by the Board to the City Clerk and placed in the care and custody of that office. The City Clerk will release the Ballot Box to the Board, all members being present at the time of release. Each.member entitled to vote will be required to place their signature after their name on the Voter's Roster upon receiving their ballot. A notation or check mark by a member of the Board on the Voter's Roster will verify that the voting member has placed a ballot in the Ballot Box. The Board will tabulate ballots immediately upon the close of voting, in the presence of authorized observers, and will record the election results on a Certificate Of Election Form provided by the City Manager's Office. The Board will thereafter tabulate Absentee Ballots in the Office of the City Clerk and certify the results to the City Clerk, who will then post the official outcome of the election. A vote of 50% or greater by members expressing approval, will carry the election in favor of the Retirement Amendment. DISPOSITION OF RECORDS In the interest of preserving the integrity of voting records, should a, recount subsequently be required, all ballots and related documents will be placed in sealed and marked envelopes or containers, in the presence of members of the Board, at the close of voting. The sealed envelopes will be transmitted along with the covering Certificate of Election Form to the City Clerk, who will store these documents until the effective date of the proposed Retirement Admend- ment, or until the resolution of any valid vote protest, whichever is later, after which, these documents having served their purpose, will be destroyed.