HomeMy WebLinkAboutTC Ord 1991-05-22
ORDINANCE NO. 368 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AUTHORIZING AN AMENDMENT
TO THE CONTRACT BE'IWEEN THE TOWN COUNCIL AND
THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
The Town Council of the Town of Tiburon does ordain as follows:
Section 1.
That an amendment to the Contract between the Town Council of the
Town of Tiburon and the Board of Administration, California Public
Employees' Retirement System is hereby authorized. A copy of the
amendment is attached hereto, marked "Exhibit A", and by this reference
made a part hereof as though fully set forth herein.
Section 2. Severability.
If any section, subsection, sentence, clause or phrase
of this Ordinance is for any reason held to be invalid or unconstitutional by
a decision of a Court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of the Ordinance. The Town Council
of the Town of Tiburon hereby declares that it would have passed this
Ordinance, any section, subsection, sentence, clause or phrase thereof,
irrespective of the fact that anyone or more sections, subsections, sentences,
clauses or phrases may be declared invalid or unconstitutional.
Section 3. Effective Date.
The Town Council declares that this Ordinance must be adopted as
an urgency ordinance pursuant to Government Code Section 36937(b) in
order to preserve the public peace. The Town had previously agreed through
the collective bargaining process set forth in the Meyers-Milias-Brown Act to
provide its public safety officers with the 2% at 50 retirement plan by July 1,
1991. Unless this Ordinance is adopted on an urgency basis, the retirement
plan will not be in effect by July 1. This would deprive the public safety
employees of a collectively bargained right and put the Town in breach of the
agreement.
Therefore, this Ordinance shall take effect and be in force immediately
upon passage. Before the expiration of fifteen (15) days after its passage the
same shall be published, with the names of the members voting for and
against the same, at least once in a newspaper of general circulation,
published in the Town of Tiburon.
PASSED AND ADOPTED at an adjourned meeting of the Town
Council of the Town of Tiburon on May 22. 1991 by the following vote:
AYES:
COUNCILMEMBERS:
Coxhead, Friedman,
Kuhn, Thayer
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
Logan
ATTEST:
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ERESE trHENNESSY OWN CLERK