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HomeMy WebLinkAbout6.d. City Adminstrator Position and PERA ExclusionAGENDA ITEM: City Administrator Position and PERA Exclusion AGENDA SECTION: Consent PREPARED BY: Emmy Foster, Assistant City Administrator AGENDA NO. tP •U ATTACHMENTS: None APPROVED BY: D.W RECOMMENDED ACTION: Motion to Approve a Resolution Relating to the City Administrator; Confirming and Ratifying the Position; Setting Duties and Responsibilities; and Approving the Election to be Excluded from Public Employees Retirement Association. 4 ROSEMOUNT ISSUE CITY COUNCIL City Council Meeting: September 2, 2008 EXECUTIVE SUMMARY The City Council is asked to approve the City Administrator position and prescribing its duties and responsibilities to elect and authorize the City Administrator to be excluded from PERA, and utilize the International City Management Association Retirement Corporation (ICMA RC) as his retirement investment vehicle. Minn. Stat. 353.028 authorizes a person who is appointed to and holding the position of Chief Administrative Officer of a statutory city under a resolution establishing such position and prescribing its duties and responsibilities to elect to be excluded from membership in the general employees retirement plan of the Public Employees Retirement Association and participate in another deferred compensation program that meets the requirements of Section 457 of the Internal Revenue Code of 1986, as amended. Dwight Johnson, City Administrator of the City of Rosemount, will meet the requirements for the election of Minn. Stat. 353.028 upon adoption of this resolution BACKGROUND State Law recognizes the nomadic nature of City Administrators, and therefore has authorized in Minn. Stat. 353.028 the ability for City Administrators to "opt -out" of the Public Employees Retirement Association, and redirect investments in other retirement opportunities such as ICMA RC. ICMA RC is a qualified 457 plan which allows for a portable retirement investment plan. The attached resolution serves as notification to the Council of Mr. Dwight Johnson's desire to be excluded from PERA, and that the ICMA RC be designated as his plan of choice. There is no impact on the budget; it merely redirects the pension contribution for the City Administrator to another agency. RECOMMENDATION Staff requests that Council approve the above mentioned motion. RESOLUTION 2008 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2008- A RESOLUTION RELATING TO THE CITY ADMINISTRATOR; CONFIRMING AND RATIFYING THE POSITION; SETTING DUTIES AND RESPONSIBILITIES; AND APPROVING THE ELECTION TO BE EXCLUDED FROM PUBLIC EMPLOYEES RETIREMENT ASSOCIATION WHEREAS, Minn. Stat. 353.028 authorizes a person who is appointed to and holding the position of Chief Administrative Officer of a statutory city under a resolution establishing such position and prescribing its duties and responsibilities to elect to be excluded from membership in the general employees retirement plan of the Public Employees Retirement Association and participate in another deferred compensation program that meets the requirements of Section 457 of the Internal Revenue Code of 1986, as amended; and WHEREAS, the City Administrator of the City of Rosemount will meet the requirements for the election of Minn. Stat. 353.028 upon adoption of this resolution; and WHEREAS, the City Council has determined that it is reasonable and appropriate to authorize its City Administrator to elect to participate in another deferred compensation program in accordance with Minn. Stat. 5 353.028. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Rosemount, Minnesota: 1. That the establishment of the position of City Administrator is hereby confirmed and ratified in all respects; 2. That the City Administrator is and will be the Chief Administrative Officer of the City of Rosemount; 3. That, in addition to such other duties as may reasonably be assigned from time to time by the City Council or by law, the City Administrator shall have the following duties: A. Supervise the administration of all departments, offices and divisions of the City except as otherwise provided by law and carry out any other responsibilities placed under his jurisdiction by subsequent Council action. B. Oversee the selection and hiring of city employees in accordance with Council direction and policies; make recommendations for terminating employees. C. Prepare and submit a proposed annual budget to the City Council and keep the City Council advised of the financial condition of the City and make such recommendations as the Administrator may from time to time determine desirable and necessary. J. ATTEST: D. Attend and participate in discussions at all meetings of the City Council and other official bodies as directed by the Council, and be responsible for the preparation of the City Council agenda. E. See that all laws and ordinances of the City are duly enforced. F. Oversee all personnel matters for the City in conjunction with policy established by the City Council; negotiate or delegate the negotiation of terms and conditons of employee labor contracts for presentation to the City Council; conduct annual evaluation and review of work performance of all department heads. G. Issue or delegate to others the authority to issue purchase orders for previously budgeted items in accordance with the City's purchasing policies. H. Represent the City at official functions as directed by the City Council and maintain good public relations with the citizens of the community. I. Recommend from time to time the adoption of such measures as the Administrator may deem necessary or expedient for the health, safety and welfare of the community or for the improvement of the administration. Monitor all consultant and contract work performed for the City. K. Coordinate the activities of the City Attorney. 4. And that the City Administrator is authorized by law and by this resolution to elect to participate in a deferred compensation program meeting the requirements of Section 457 of the Internal Revenue Code of 1986, as amended, in lieu of participation in the Minnesota Public Employees Retirement Association, and the City Administrator's election to be excluded from participation in the Public Employees Retirement Association is approved. ADOPTED this day of 2008, by the City Council of the City of Rosemount. Amy Domeier, City Clerk William H. Droste, Mayor 2 RESOLUTION 2008 RESOLUTION 2008 Motion by: Second by: Voted in favor: Voted against: Member absent: 3