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HomeMy WebLinkAbout38431 ordinance No. ss~~ 2 AN ORDINANCE AUTHORJZING AN AMENDMENT TO THE CONTRACT 3 BETWEEN THE COUNTY OF BUTTE AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' 4 RETIREMENT SYSTEM 5 The Board of Supervisors of the County of Butte does ordain as follows: 6 Section 1'. 7 That an amendment to the contract between the Board of Supervisors of the County of Butte and 8 the Board of Administration, California Public Employees' Retirement System is hereby authorized, a 9 copy of said amendment being attached hereto, marked Exlu`bit, and by such reference made a part hereof 10 as though herein set out in full. 11 Section 2. The Chairman of the Butte County Board of Supervisors is hereby authorized, 12 empowered, .and directed to execute said amendment for and on behalf of said Agency. 13 Section 3. 'This Ordinance shall take effect March I5, .2003, and prior to the expiration of fifteen (15} 14 days after its passage, it shall be published-in a newspaper of general distribution in the County of Butte, State 15 of California. . 16 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte this 17 tlth _ day of Februar 2003, by the following vote: 18 -- AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler 19 NOES: None 2a ABSENT: None 21 NOT VOTING: None 22 23 , , R~ BEELER, Chair of the Board of Supervisors 24 ATTEST: 2$ PAUL MCINTOSH, Clerk of the 26 Board Of SilperVlSOrS 27 _ 1 Ca1PERS EXHIBIT California Public Employees' Retirement System AM]EIeII9MIEIV~' ~O COlOTThtAC~' Between t~.e Board o~ Adn~~ngs~atnon Corn.~.a ~'ublic ~rrap~oyees' Retare~ent Systen~a end the Board of Superv~.sors County of Butte The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing .body of the above public agency; hereinafter referred to as Public Agency, having entered into a contract effective April 1, 1945, and witnessed February 26, 1945, and as amended effective Octaber 1, 1947, December 1, 1951, July 1, 1956, November 1, 1956, November 1, 1959, September 8, 19fi0, October 1, 19fi0, October 1, 1961, September 16, 1964, October 1, .1968, August 25, 1973, .October 1, 1973, November 1, 1974, January 24, 1976, Aprii 17, 1976, October 30, 1976, January 1, 19$0, November 22, 1980, December 14, 1985, August 22, 1987, September 1, 1990, April 1, 2000, May 25, 2002 and September 14, 2002 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: Pursuant to Government Code sections 20460.'!, 20469.1, subdivision (b}, and 71624, this contract is hereby amended to add the Trial Court of Butte County, hereinafter referred to as Trial Court, as a contracting party- Trial Court shall participate in the Public Employees' Retirement System from and after the implementation date of the Trial Court Employment Protection aril Governance Act pursuant to the terms and conditions of this contract, making its employees members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for in this contract and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only an the election of a contracting agency." ~:wf_'~"tV:_. LEI i~~ 1 y~:~i1~ ~E f~~iT ~i. .'i, 6. The percentage of final compensation to be provided for each year of credited ~priar and current service as alocal--fire member and as a county peace officer member shall . be determined in accordance with Section 21362 of said Retirement Law subject to the reduction provided therein for Federa[ Social Security (2% at age 50 Modified). 7. The percentage of final compensation. to be provided for each year of credited prior and current service as a local sheriff member sha11 be determined in accordance with Section 21362.2 of~ said Retirement Law subject to the reduction provided therein for Federal Social Security (3% at age 50 Modified). $. , ,Public Agency elected and elects to be subject to the following optional ..provisions: a. Section 20437 ("County Peace Officer" shall include constables, deputy constables, marshals and deputy- marshals as described in Government Code Section 20437). b. Secfiion 21222.1 {One-Time 5% Increase - 1970). :Legislation repealed said Section effective January 1, 1980. c. Section 21222.2 (One-Time 5% Increase `- '1971). Legislation repealed 'said Section effective January 1, 1980: d. Section 21024 {Military Service Credit as Public Service), Statutes of 1974 for local miscellaneous members, local ire members and county peace officers only. e. Section 20439 ("County Peace Officer" shall include county jail, detention or correctional facility employees asdescribed in Government Code Section 20439). f. Section 2040 {"County Peace Officer" shall include bailiffs as described in Government Code Section 20440). g. Section 21319 {One-Time 15% Increase for Local Miscellaneous Members Who Retired or Died Prior to July 1, 1971). Legislation repealed said Section effective January 1, 2002. h. Section 20436 ("County Peace Officer" shall include employees of a sheriffs office who were employed to perform identifcation or communication duties on August 4, 1972 and who elected to be local safety members) on and until May 25, 2002. b. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on accaunt of employees of Public Agency, and costs of the periodic investigation and valuations required by law. ~2. Contributions required of Public Agency and its employees shaft be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. '13. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct ~ amount of contributions is paid for any period, proper adjustment shall be made in connection .with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. ~~_~ B. This amendment shall be effectiv~~b.Gthe BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREM~SYSTEM d4~~ BY . ~ti,~ KENNETH W. MARZIO ACTUARIAL & EMPLOk PUBLIC EMPLOYEE~'~; EF SERVICES DIVISION IREMENT SYSTEM r: day of BOARD OF SUPERVISORS COUNTY OF BUTTE ~~~ BY ~ .r~~ PRESIDING OFFICER `~~ ;~ ~~~ ~~ Witness Dater, ~ Attest: ~~ Clerk AMENDMENT ER# 58 PERS-CON-702A (Ftev. 8102) WHEREAS, Butte County has complied with the required proceedings for the proposal and ratification of an amendment to the Charter of the County of Butte, State of California, as hereinafter set forth in the certif cation of the County Clerk-Recorder Registrar of Voters, and the Chairman and Clerk of the Board of Supervisors of the County of Butte, as follows: WHEREAS, the County of Butte, State of California, has since the 27"' day of January, 1917, had a charter adopted under Article XI of the Constitution of the State of California, which charter was duly ratified by the qualified electors of said county at an election held for that purpose on the 7`'' day of November, 1916, and approved by the Legislature of the State of California on the 27"' day of January, 1917 (Statutes 1917, page 1791 et seq.}; and WHEREAS, on July 23, 2002, the Butte County Board of Supervisors adopted Resolution Number 02-129 calling for an election to be consolidated with the statewide general election to be held on November 5, 2002, in which charter amendments and other County and Statewide measures were proposed; and WHEREAS, said Resolution and charter amendments were duly published in the Chico Enteiprise Record, and the Oroville Mercury, newspapers of general circularion in the County of Butte on July 26, 2002, by fine County Clerk-Recorder-Registrar of Voters pursuant to California Elections Code requirements, and WHEREAS, said general election was held in said County on November S, 2002; and WHEREAS, the Registrar of Voters did in the manner provided by law duly and regularly canvass the returns of said election and, on the 10`h day of December, 2002, duly certify to the Board of Supervisors the results of said general election as determined from the canvass ofthe returns thereon; and WHEREAS, at said general election so held on November S, 2002, an amendment to the Butte County Charter, Ballot Measure "L",was approved by the majority of the electors of said County voting thereon; and WHEREAS, the charter amendment, so ratified by the electors of the County of Butte is hereby assigned Ordinance Number 3 842 and henceforth shall be identified by said Ordinance Nuinber in the records of the Clerk of the Board of the County of Butte, State of California. NOW, THEREFORE, BE lT RESOLVED, that the charter amendment ratified by the electors of the County of Butte be submitted to the Secretary of State of the State of California in accordance with the provisions of Section 3 of Article XI of the Constitution of the State of California and -- RESOLUTION CERTIFYING CHARTER AMENDMENT "L" Government Code Section 23723 as contained in the ordinance attached hereto and identified as Attachment "A". PASSED AND ADOPTED by the Butte County Board of Supervisors this 25'~ day of March, 2003, by the following vote: AYES: Supexsrisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler NOES: None ABSTAINED: None NOT VOTING: None J R. J. Beeler, Chair ATTEST: Paul McIntosh, Clerk of the Board B~:/~ ~ ~ This is to certify that we, R. J. Beeler, Chairman of the Board of Supervisors of the County of Butte, Candace J. Grubbs, County Clerk-Recorder-Registrar of Voters of the County of Butte, anal Paul McIntosh, Chief Administrative Officer and Clerk of the Board of Supervisors of the County of Butte, have compared the Ordinance Amending the Butte County Charter to Separate the Offices of County Surveyor and Road Commissioner, attached hereto as Attachment "A", with the original proposal which was submitted to the electors of said County at the general election held on Tuesday, November 5, 2002, anal find that the foregoing is a full, true, correct and exact copy thereof In witness whereof, we have hereunto set our hands and caused the same to be authenticated by the seal of the County of Butte this 25'h day of March, 2003. R. J. Beeler, Chair Board of Supervisors, County of Butte ~' i ~ ` Candace J. Grubbs, ~"ounty Clerk-Recorder- Registrar of Voters, County of Butte ~~Nr'"'" Pau McIntosh, Chief Administrative Officer and Clerk of the Board of Supervisors, County of Butte ATTEST: Paul McIntosh, Clerk of the Board CANDACE J. GRUBSS COUNTY CLERK-RECORDER-REGISTRAR OF VOTERS 25 County Center Drive, Suite I Oroville, CA 959b5-3375 ELECTIONS DIVLSION izurie Cassady Assistant Connty Clerk-Registrar of Voters April 18, 2003 Office of the Secretary of State Atka: Special Filings Division 1540 11`~ Street Sacramento CA 95814 Re: Amendment to the Charter of the County of Butte IVleasure L -November 5, 2002 General Election Separating the offices of County Surveyor & Road Commissioner Pursuant to Government Code Section 23713, the county elections official shall file complete text of the amendment to the Charter, certified copy of the publications and notices as required by law, certified copy of the arguments for or against the Charter that was mailed to the voters and certified copy of the abstract of the votes from the election. Enclosed you will find Resolution No. 03-044 Certifying Charter Amendment "L" that way approved by the voters at the General Election held in the County of Butte on November 5, 2002. Also enclosed, you will find the following certified documents: 1. Affidavit of Publication for the Notice by the County Clerk of Election & Notice calling for Arguments. 2. Sample Ballot & Voter's Pamphlet text information that was mailed to the voters. 3. Statement of the Votes Cast at the November 5, 2002 Consolidated General Election for the Charter Amendment Measure L. If you have any questions or concerns, please feel free to contact Laurie Cassady at 530-538- 7762. Sincerely, Candace J. Grubb; _.~ • /- ~' =<s~ C-yam.-. County Clerk-Recorder-Registrar of Voters Elections: 530-53$-7761 Fax: 530-538-6853 Internet Site; httpalclerk-recorder_buttecounty.net ~~~`~' April 24, 2003 1"{i ~© S0~'T~ UU~Pd~'Y is ~~n _ ~~C R BD OF SUPERVES~RS O r iuvr;". t ~~o SECRETARY o~ STATE KEVIN SHELLEY STATE QF CALIFORNIA Candace J. Grubbs, County Clerk-Recorder Butte County 25 County Center Dr., Ste. 1 Oroviile, CA 95965-3375 ~~~ 2 ~ X003 ~RQVI~~~, CAS i~'ORI~iA Amendments to the Charter of Butte County, ratified by the voters at the election on November 5, 2002, were flied in this office on Apri! 23, 2003 and assigned Charter Chapter Number 21 for pcblication in the Statutes of 20D3. Sincerely, Special Filings Unit BUSINESS PROGRAMS DIVISION • NOTARYPUBLIC AND SPECIAL FILINGS SECTION 15D0 11~ STREET, 2~ FLOOR • SACRAMENTO, CA 95814 POBOJ{942877.5ACRAMENTO, CA942Tf-DDOI.4~.6 653 3595 • WWW.55.CA.GOV PROC~tAMS STATE ARCHIVES, BT~INESS PROGRAMS, ELECTIONS, INFORMATION TECHI~IOIAGY, GOIDENSTATE MUSEUM, MANAGEMENT SERVICES, SAFE ATHOME, DOMESTICPARTNERS REGISTRY, NOTARYPUBLIC, POLITICAL REFORM