(A) The sole and exclusive administration of and responsibility for the proper operation of the system and for making effective the provisions of this subchapter is hereby vested in a Board of Trustees. The Board is hereby designated as the plan administrator. The Board shall consist of five Trustees, one of whom shall be the Chief of the Fire Department or his or her designee, one of whom, unless otherwise prohibited by law, shall be appointed by the Hollywood City Commission, and three of whom shall be regularly employed Firefighters, who shall be elected by a majority of the regularly employed Firefighters. If the Chief of the Fire Department chooses to designate a Board member instead of serving himself or herself, such member shall be a regularly employed Firefighter. The City Commission appointed Trustee shall serve as Trustee for a period of two years, unless he or she sooner vacates the office or is sooner replaced by the Hollywood City Commission at whose pleasure he or she shall serve. The Chief of the Fire Department shall serve as long as he or she shall continue to hold office as Chief and upon a vacancy in the office of Chief, his or her respective successor shall succeed to the position of Trustee. Each member Trustee shall serve as Trustee for a period of three years, unless he or she sooner leaves the employment of the city as a Firefighter or otherwise vacates his or her office as Trustee, whereupon a successor shall be chosen in the same manner as the departing Trustee. Each Trustee may succeed himself in office. The Board shall establish and administer the nominating and election procedures for each election. The Board shall meet at least quarterly each year. The Board shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description.
(B) The City Commission appointed Trustee shall serve as Chairman of the Board. The Trustees shall, by a majority vote, elect a Secretary. The Secretary of the Board shall keep a complete minute book of the actions, proceedings, or hearings of the Board. The Trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law.
(C) Each Trustee shall be entitled to one vote on the Board. Three affirmative votes shall be necessary for any decision by the Trustees at any meeting of the Board.
(D) The Board shall engage such actuarial, accounting, legal, and other services as shall be required to transact the business of the system. The compensation of all persons engaged by the Board and all other expenses of the Board necessary for the operation of the system shall be paid from the Fund at such rates and in such amounts as the Board shall agree. In the event the Board chooses to use the city's legal counsel, actuary or other professional, technical or other advisors, it shall do so only under terms and conditions acceptable to the Board.
(E) The duties and responsibilities of the Board shall include, but not necessarily be limited to, the following:
(1) To construe the provisions of the system and determine all questions arising thereunder;
(2) To determine all questions relating to eligibility and membership;
(3) To determine and certify the amount of all retirement allowances or other benefits hereunder;
(4) To establish uniform rules and procedures to be followed for administrative purposes, benefit applications and all matters required to administer the system;
(5) To distribute to members, at regular intervals, information concerning the system;
(6) To receive and process all applications for benefits;
(7) To authorize all payments whatsoever from the Fund, and to notify the disbursing agent, in writing, of approved benefit payments and other expenditures arising through operation of the system and Fund;
(8) To have performed actuarial studies and valuations, at least as often as required by law, and make recommendations regarding any and all changes in the provisions of the system; and
(9) To perform such other duties as are required to prudently administer the system.
(F) Nothing herein shall empower the Board to amend the provisions of the system without the approval of the City Commission.
(Ord. O-2010-30, passed 7-21-10; Am. Ord. O-2017-17, passed 10-4-17)