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Resolution 02833RESOLUTION LO. 2833 SUBMITTING TO THE VOTERS 0? TNE CITY OF ALAMEDA AN ORDINMECE NTITLED: "AN ORDINANCE AmENnina SECTIOU 5 OF ORDINANCE DD. 276, KEW SERIES, 'AK ORDINANCE PROVIDING FOR A RELIEF, HEALTH, LIFE INSURANCE AND PENSION" FUND FOP: MEMBERS OF THE FIRE AND POIICE DEPARTMENTS OF THE °ITV OF ALAMEDA: ALSO FOR TEE ADMINARTRATION OF SAID FUND TO BE VOTED UPON AT THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY MARCH 9, 1943; PRESCRIBING THE STATEMENT OF THE PROPOSITION FOR THE ADOPTION 31 SAID ORDINANCE AS THE SAME SHALL APPEAR ON TEE BALLOT: DIRECTING THE CITY CLERK TO PRINT SAID ORDINANCE AND MAIL COPIES THEREOF TO TEE "VOTERS: PRESCRIBING THE FORM OF ARGUMENT IN FAVOR OF SAID PROPOSED ORDITANCE AND DIRTBMING THE PRINTING AND MAILING THEREOTH HEEL valailAs, pursuant to the provisions of Article XIX of the Charter of the City of Alameda and of Resolution No. 2828, heretofore adopted by this ouncil, a General Municipal Einction is called and ordered ") be held in 3111 City of Alameda, State: of California, on Tuesday, March 9, 1943; new, therefore, BE IT RESOLVED BY THE 002EICIL OF THE OILY OF ALAMEDA that the said Council, on its oval motion and without a petition therefor, submit, and there is hereby submitted, to the voters of said city, at said General Municipal Election, an. ordinance which shall be in words and figures aa follows, to wit.: ORDINANCE ED. 824, New Series, AN ORDINANCE AMEET2 ET1 SENA:IOW 5, OF ORDIEMECE NO, 276, NEW SERIER, ENTITLEL "AN ORDINANCE FRABETEMET FOR A RELIEF, RALER, LIFE INSURANCE AND PENSION FUND FOR MEESERR OF TEE FIRE AND POLICE DEPARTMENTS OF THE CITY OF ALAMEDA; ALSO FOR THE ADMINISMRATION OF SAID MSED." ThE PEOPLE OF THE CITY OF ALAMEDA DO CEMAIN as follows: SECTION 1. Sebtion 5, of Ordinance No. 276, New Series, is hereby amended. to read. as follows: Sectiot 5. If any person. who has served ten (10) years or more as a igmber of the regularly constituted Fire or Police DspartmEnt be discharged from said Fire or Police Department for any reason, except a dismissal for nbglect of dutty insubordination, convibtion of a felony or of a misdemeanor involving moral 1. 11 or a. dismissal for any offense which offense impairs the efficiency or discipline of the departmenng such person shall be entitled to all the benefits ann. prbvisiona of Section 2 of this ordinance, in the nroportibn that the number of years he has served in. either of said dstartments bears to twebty-five (26) years. No person who has voluntarily or involantarily res gned shall ever be entitled. to a pension under any provision of this ordinance. Should a. membeg of either of aaid departments die after he led become en21 itled.. to retirement unror Section. 2.(a) of this ordinance but before having applied. for or hewing been granted. a pension, the persons mentioned in Snrtion 21b) shell be entitled to receive a pension in the amount and otherwise undnr thn conditions specified. in Section 2Nb) of this ordinance. TEMMEMON 2. Thit ordimance ATall be in full force and effect 7, (10) dyas from ant. after .21 13 of its adoptirn. BE IT FURTHER REROLVED that the title and statement of the proposition. for the adoption of uhe aforesaid ordinance, as the same shall appear and be " printed on the ballot to be used at said General Municipal Election, be, and. the same is hereby, prescribed to read substantially as follows: PROPOSITION' NO. AMENDMENT OF FIREMEN & POLICEMEN'S ?LESION ORIFINANCE. SNAKE THE ORDINANCE Nt. 221, New Series, entitled: "An ordinance amending 2.c ,1(r 5, 31 Ordinanbe No. 276, New Series, entitled, ,An ordinance providing for a relief, health, life insurance and pensiEn fund for members of the Fire and Police Departments of the City of Alamsdn; also for the administration of said fund'," providing that if e. person who has served ten years or more in. either of said dEpart- ments be discharged, such person shall be entitlEd. to certain benefits under saib. ordihanbe except when 101 .• such discharge is for certain specified canoes or •• • offensee; providing that a person. who has resigned. shall not be entitled to a pension; cruviqing that when a person dies after ne had become entitled to • getiromeht but beforo. nmelyIng for or being granted a pension, then the person.; mentioned in Section 2(0) of said ordinance . shall be entitled. to a pen- sion ab provided in. said aoation ' Oa) DE ADOPTED? TES NO BE IT FURTHER RESOLVED that the City Clerk of said City is hereby author- 1 11 and directed to cause said proposed ordinance to be printed. and maid. 34 thogeof, enclosed in an envelope with the sample ballot, to each voter at least 10 days prior to said election. HE IT FURTHEa RESOLVED that said City Clerk is hereby amtherised and rested to cause to be printed and. enblosed in an envelobe with the sample ballot, an a' 3" and argument in favor of sai0 proposed ordinanno, substan- tially in words and fiures as follows: EXPL.ZATION AND ARGIADJETil IN FAVOR OF PROPOSED AMENDMENT 1'0 FIREMEN ALND POLICEMEN'S =SIDE oRDIA', BEING PROPOSIT T 0 . Ordinance. No. 276, Kew Series, establishing a pension system for the members of the Police and Fire Departments, was adoeted by vote uf the people in March, 1925, Sec. 5, 3 Ordinance No. 276, New. Series, reads as follaws. "Sertion 5. Any person havin served ten (10) years or more as a member •of the regularly constituted Fire or Polies Department 030 ,J,, if he be removed from. aaid. Fire or Police Departnbnt for nay 01.100 other then con- viction of a felony; notorious or consecutive insubor- dination or neglect of duty; or in ease of volantary cr inVoluntary resignation, be entitled to ail the '300, 5301" of Section 2 of this ordinance, in tile pro- portion that the number of years he has served. in either of said departments boars to twenty-five (25) yeare." It, will be noticed that this section AS IT NOW STANDS entitles a person to receive a pension even when discharged. following conviction of certain types of mdsdemeanors, such. as petty theft, etc., or when dischsrgmd for other serieum offense 33 derelictimn. The proposed amendment corrects this situation. Furthermore, the language with. respeht to resignation is very ambiguous. It lz not clear whethbr a person' who has resigned. is, or is not, entitled to a pension. Recently a member of the Fire. Department, in. ordmr to escape dismissal after reporting for duty for the third. time under the influence ot liquor, ten- dered his resignation. He then. applied for a censimad The case was takmn to le Superior Court and the court de1 ied. the pension. The case io now OE appeal- Should the 10' Gourt reverse the Superior Court the effect would be that out of a total membership of 99 men in the Mao departments, 56 men (d8 out of 58 in the Fire Department and 20 out of Al. in the Police 03 111(11) would have the "'1 11 resign immediately and semure a penmion, If all these men took advantage of the situation (before this amendment den go into effect, if passed) it would cost the taxpayers an additienel !1.55,744.56 ner year to pay fmr the new pensions. This would memn. a compulsory inmrease of over 18d on the tax rate and would be LN ADDITION' to the amount which the City aireadoy pays for pensions to the members of the Police and Fige 0' '3 Dorm Lag the Boat fiscal year the amount paid out of tax moneys for. firehen1s and police- men's pensions wms $87,911.55. It was never the intention of the members of the two departments who drafted tte remmion ordinance that a man should be entitled to a pension if he esigned. after only 10 years of service. Daring War 1? years that this ordinance has been. in effect the various pension boardm, the city officials, and even the men of the departments, have consistently interpreted Sec. 5 of the ordinanbe ae barring a person who had resigned.. from receiving a pension. The proptsed ahemds heel; provides that. no .person who hoz 101 ,341 shall be entitled to reoeive a penrioni The amendment also corrects a. glaring defect in the oreihmame which. results in manifest injustice. It makes it clear that when a man who contjogued working aftmr he had. served for 75 years and. who, by reason of suet service, wee entitled to retire as a mutter of right, dies before apriying for a pension, then. his widow or children under. 18 or dependent parents will, after his death, be entitled to the pension to wtich he was already entitled if he had applied for it before his death. As a protection to the taxpayers, as well as to the men in the de- partments who will have rendered faithful service for over 25 years, Section 5 should be amended as proposed. VOTE "YES". Printed by order of the Council. * * * * * * * * I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in regular meeting assembled on the 16th day of February, 1943, by the follow- ing vote, to wit: AYES: Councilmen Branscheid, Howe, Jones, Maurer and President Godfrey, (5). NOES: None, ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offi- cial seal of said City this 17th day of February, 1943. LOREME R. BEATIE (SEAL) City Clerk of the City of Alameda. * * * * * * * * I hereby certify that the foregoing is a full, true and correct copy of "Resolution No. 2833, SUBMITTING TO THE VOTERS OF THE CITY OF ALAMEDA AN ORDINANCE ENTITLED: "AN ORDINANCE AMENDING SECTION 5 CF ORDINANCE NO. 276, NEW SERIES, 'AN ORDINANCE PROVIDING FOR A RELIEF, HEALTH, LIFE INSURANCE AND PENSION FUND FOR MED2ERS OF TUN FIRE AND POLICE DEPARTMENTS OF THE CITY OF ALA1UEDA; ALSO FOR THE ADMINISTRATION OF SAID FUND'", TO BE VOTED UPON AT THE GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, MARCH 9, 1943; PRESCRIBING THE STATEMENT OF THE PROPOSITION FOR THE ADOPTION OF SAID ORDINANCE AS THE SAKE SHALL APPEAR ON THE BALLOT; DIRECTING THE CITY CLERK TO PRINT SAID ORDINANCE AND MAIL COPIES THEREOF TO THE VOTERS; PRESCRIBING THE FORM OF ARGUMENT IN FAVOR OF SAID PROPOSED ORDINANCE AND DIRECTING THE PRINTING AND MAILING THEREOF," introduced and adopted by the Council on the 16th day of February, 1943, y of Alzm da.