HomeMy WebLinkAbout2017-011ORDINANCE NO. 2017-011
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 104.05
(DEFERRED COMPENSATION) OF CHAPTER 104 (HUMAN RESOURCES)
OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO
ELIMINATE REFERENCES TO SPECIFIC COMPANIES AND SET FORTH
THE RESPONSIBILITIES FOR THE ADMINISTRATION OF THE PLAN; AND
PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF
CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authority.
Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad
home rule powers in counties to enact ordinances, not inconsistent with general or special law,
for the purpose of protecting the public health, safety and welfare of the residents of the county.
The Board specifically determines that the enactment of this ordinance is necessary to protect
the health, safety and welfare of the residents of Indian River County.
Section 2. Amendment of Section 104.05 (Deferred Compensation) of Chapter 104
(Human Resources).
New language indicated by underline, and deleted language indicated by str+kethrough.
Section 104.05 (Deferred Compensation) of Chapter 104 (Human Resources) of the Code of
Indian River County, Florida is hereby amended to read as follows:
CHAPTER 104. HUMAN RESOURCES
Section 104.05. Deferred Compensation.
NatiGRwide RetiFemeRt Solutions, InG., Mass Mutual, Hartford Life IRsUraRGe G
the plan. A deferred compensation plan is offered on an optional basis to employees. The
primary purpose of the deferred compensation plan is to provide employees the opportunity to
defer and invest a portion of their compensation to the plan, helping to supplement retirement
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ORDINANCE NO. 2017-011
income. It also provides for a tax deferral on income contributed to the plan. For those
employees working under the direction of the Board of County Commissioners, the Ddirector
or Mn4anager of Human Rresources shall approve and administer these plans and make
determinations required by Section 112.215(6)(b), Florida Statutes. For those employees
working under the direction of a constitutional officer, each constitutional officer shall designate
an individual responsible for making determinations as required by the aforesaid statute. Each
constitutional officer may elect to participate in the deferred compensation plan established by
the Board of County Commissioners, participate in a separate plan or elect not to offer a plan
to their employees. The designated representatives from the Board of County Commissioners
and the constitutional officers electing to participate in a common plan will comprise a
committee and will meet as necessary to approve and administer the plan and make
determinations required by Section 112.215(6)(b), Florida Statutes.
Section 3. Codification. It is the intention of the Board of County Commissioners that the
provision of this ordinance shall become and be made part of the Indian River County Code,
and that the sections of this ordinance may be renumbered or re -lettered and the word
ordinance may be changed to section, article or such other appropriate word or phrase in order
to accomplish such intention.
Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional
by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by
such holding and shall remain in full force and effect.
Section 5. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 6. Effective Date. This ordinance shall become effective upon adoption by the Board
of County Commissioners and filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the 30th day of August,
2017, for a public hearing to be held on the 12th day of September, 2017, at which time the
public hearing was opened and continued to September 19, 2017; and on September 19, 2017
it was moved for adoption by Commissioner Solari, seconded by Commissioner O'Bryan, and
adopted by the following vote:
Chairman Joseph E. Flescher
AYE
Vice -Chairman Peter D. O'Bryan
AYE
Commissioner Susan Adams
AYE
Commissioner Bob Solari
AYE
Commissioner Tim Zorc
ABSENT
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ORDINANCE NO. 2017-011
The Chairman thereupon declared the ordinance duly passed and adopted this 19th day of
September, 2017.
ATTEST: Jeffrey R. Smith, Clerk
and Comptroller
6 By: �Qk,n�� - A
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
,. •fou".rrco
By: 490
•'s
Os -e p E. F I e er, Chairmig:m
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the
September, 2017.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.,
A
BY
DYLAN REINGOLD
COUNTY rATTQMNOY
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day of