ARTICLE 7: POLICE PENSION AND RETIREMENT SYSTEM

§ 1-85 DEFINITION.

   For the purpose of this article, the following definition shall apply unless the context clearly indicates or requires a different meaning.

   POLICE OFFICER. Any officer or employee of the regular Police Department of the city appointed or employed for police duties or necessary duties in the operation of the Police Department, and shall include jailers, radio operators, department clerks, employees in bureaus of records, probationary patrol officers, patrol officers, sergeants, lieutenants, captains, senior officers, detective, secretary to the Chief of Police, and other police officers of the Department performing police duties whose salaries are paid for with public funds as set up in the budget of the city for the regular Police Department, but shall not include any police commissioners, or any one employed in any other capacity not involving police duties. In case of doubt as to whether any person is a POLICE OFFICER, within the meaning of this article, the decision of the Board of Trustees shall be final.

(`90 Code, § 1-32)

§ 1-86 NAME OF SYSTEM.

   The system heretofore established for the purpose of providing pension retirement allowances and other benefits for police officers, their wives and children, shall continue to be designated and known as the “Police Pension and Retirement System of the City of Guthrie,” and all of its business transacted, all of its funds handled and all of its cash and securities and other party be held.

(`90 Code, § 1-33)

§ 1-87 BOARD OF TRUSTEES.

   There was heretofore created the Board of Trustees, which shall have the operation and management of the Police Pension and Retirement System, which Board of Trustees shall consist of the City Clerk and City Treasurer, and three members of the Police Department which is designed and known as the Board of Trustees of the Police Pension and Retirement System of the city.

(`90 Code, § 1-34)

§ 1-88 ELECTION OF MEMBERS.

   (A)   (1)   To obtain the benefits derived by the Police Pension and Retirement System of the city, the officers or members of the Police Department, active and retired, shall, within 30 days from the date of the passage of this article, elect by ballot three members of the Police Department to the Board of Trustees hereinbefore designated.

      (2)   Until changed by law, the election of members of the Board of Trustees by the Police Department shall continue to be done and had by a call of the election by the Mayor, which shall be done by the City Clerk, mailing to each and every member of the Police Department a noticed that an election shall be held for the purpose of electing three of their number as members of the Board of Trustees.

   (B)   (1)   The notice shall be properly addressed to each and every member of the Police Department and deposited in the United States mail at the city and the election shall be held five days subsequent to the giving of the notice. The notice shall also state where the election shall be held and the day and hour or hours when same shall be held. The voting for the Trustees shall be done by ballot, and shall be done by placing the ballots in a ballot box to be provided by the city, and so conducted that each elector's ballot shall be secret as in the election for city and county offices.

      (2)   The City Clerk shall conduct the election by seeing that each and every person so voting is a member of the Police Department of this city as defined by this article, active or retired, and shall canvass all ballots so voted and shall certify the results thereof to the City Council, who shall by proper resolution declare the election of the three persons receiving the highest number of votes to be elected.

   (C)   At the first election, one member shall be elected to serve one year, one to serve two years and one to serve three years. At the end of the first year, after the election and upon the same date of the succeeding year, a like election shall be held, at which time a member of the Board of Trustees shall be elected and shall hold his or her office for a period of three years, and like elections shall be held each succeeding year on the date corresponding with the date of the first election and the members so elected shall hold the Office of Trustee of the Board for a period of three years.

   (D)   If a vacancy or vacancies should occur in the Office of Trustee or Trustees of the Board so elected, the vacancies shall be filled by election of a member or members, in the same manner so above provided. A vacancy shall occur when a Trustee’s employment with the city is terminated.

   (E)   Each officer or member of the Board of Trustees so elected shall, before he or she enters upon the duties of his or her office, take and subscribe an oath of office to faithfully perform the duties of his or her office and to account for all monies and property in his or her hands, and shall execute a bond to the city in the sum of $2,500 on condition that he or she will faithfully perform the duties of his or her office and faithfully account and deliver to his or her successor all funds, money, bonds or other property in his or her hands belong to the Police Pension and Retirement System of the city.

(`90 Code, § 1-35)

§ 1-89 CHAIRPERSON; SECRETARY.

   Each year, the Trustees shall elect the Chairperson and the Secretary from their number.

(`90 Code, § 1-36)

§ 1-90 REPORTS OF SECRETARY.

   The Secretary of the Board of Trustees shall report annually, at the time of the election of the Board, the condition of the Police Pension and Retirement System and the receipts and disbursements on account of the same, with a full and complete list of the beneficiaries of the Fund in the system, for the amount paid to each beneficiary, and shall report to the Board of Trustees the true condition of the Police Pension and Retirement System at any meeting where requested so to do by the Chairperson thereof, or by a majority of the members of the Board of Trustees, and a copy of each report shall be delivered by the City Manager and City Council.

(`90 Code, § 1-37)

§ 1-91 MEETINGS AND DUTY.

   (A)   The Board of Trustees of the Police Pension and Retirement System shall hold monthly meetings on the second Monday of each and every month of each year and upon the call of its Chairperson at other times as the Chairperson deems necessary. It shall issue orders signed by the Chairperson and Secretary to the persons entitled thereto of the amount of money orders paid to the persons from the funds of the Police Pension and Retirement System by the Board, which order shall state for what purpose the payment is to be made. It shall keep a record of its proceedings, which shall be a public record. It shall at each monthly meeting send to the City Clerk a written or printed list of all persons entitled to the payment which list shall be certified and signed by the Secretary and Chairperson of the Board, and attested under oath.

   (B)   The City Clerk shall thereupon enter a copy of the list upon the book to be kept for this purpose, which book shall be known as the “Police Pension and Retirement System Book” and the Board shall direct payments of the amounts carried therein to the persons entitled thereto out of the funds.

(`90 Code, § 1-38)

§ 1-92 QUORUM.

   A majority of the members of the Board of Trustees shall constitute a quorum and have the power to transact business, provided no money belonging to the funds of the Police Pension and Retirement System shall be disbursed for any purpose without a vote of the majority of all the members of the Board of Trustees, which vote shall be taken by yeas and nays, and the vote of each member so voting entered upon the proceedings of the Board.

(`90 Code, § 1-39)