Commission Advances Pension Language Correction

A correction to a proposed strong city manager charter amendment that unintentionally put is set to be approved Thursday.

The City Commission approved 5-0 an ordinance on first reading Tuesday that clarifies the powers of pension administration for the city's firefighters pension fund. 

A second reading of the ordinance is scheduled to be voted on at a special meeting 8 a.m. Thursday at .

The petition says in Section 5, Item M that the city manager shall "serve as the pension administrator of General Employees' Pension Plan and any other City retirement plans."

That phrase neglects a second General Employees' Pension Plan and gives control as administrator over additional pension plans that the manager should not administer because of a financial agreement with the State of Florida.

That $500,000 is received from the state's Division of Retirement and goes back to the fire pension, called the 175 Plan, and eventually is passed on to pension members. As part of the agreement with the state, the state dictates that the 175 and 185 funds have to be self-administered by the Boards of Trustees for the pension plans.

Because the referendum was citizen-initiated, the city traditionally avoids changing language in a proposed charter amendment brought by referendum to avoid lawsuits. City Attorney Robert Fournier said the city has a low risk of a suit because Citizens For A Better Sarasota wrote a letter explaining their intention of the amendment that would be supportive of the city's move, and those signing the petition would have much of a case arguing that the petition's intention wasn't what they thought it would be.

The second reading must be approved in time for the Supervisor of Elections to receive the ballot language by Friday.