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HomeMy WebLinkAbout014-26 - Ordinance - Law Enforcement Officers and Fire Fighters (LEOFF) Disability BoardDocusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF ORDINANCE NO. 014-26 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE ESTABLISHMENT OF A LAW ENFORCEMENT OFFICERS' AND FIRE FIGHTERS' (LEOFF) DISABILITY BOARD; ADOPTING NEW POMC CHAPTER 2.45, PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, state law requires cities with a population of 20,000 or more that have employed uniformed police employees, fire employees, or both between March 1, 1970, and October 1, 1977, (referred to as LEOFF 1 members) to establish a disability board to consider disability retirement and medical claims; and WHEREAS, pursuant to RCW 43.62.030, the State Office of Financial Management (OEM) has determined that the City of Port Orchard's population is greater than 20,000; and WHEREAS, board membership does not need to include a fire representative because no fire employees who are LEOFF 1 members are employed by or have retired from the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The recitals above shall be considered findings of fact and are incorporated herein by this reference. SECTION 2. Adoption. A new Chapter 2.45 of the Port Orchard Municipal Code, entitled LEOFF Disability Board, is hereby adopted and added to read as follows: Chapter 2.45 LEOFF Disability Board 2.45.010 Definitions 2.45.020 Establishment 2.45.030 Composition 2.45.040 Terms - Vacancies - Elections 2.45.050 Duties and Powers 2.45.060 Officers, Quorum, and Meetings 2.45.070 Compensation and Expenses 2.45.010 Definitions When used in this chapter, the following words, terms, and phrases shall have the meanings ascribed to them in this section. Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF Ordinance No. 014-26 Page 2 of 4 (1) "At -Large Member" shall mean the one member of the Disability Board from the public at large who resides within the City and who is appointed by the other members of the Disability Board. (2) "Disability Board" shall mean the City's disability board established pursuant to RCW 41.26.110. (3) "LEOFF" shall mean the Law Enforcement Officers' and Firefighters' Retirement System. 2.45.020 Establishment Pursuant to RCW 41.26.110, the Disability Board is established having jurisdiction over all claims for disability by members of the LEOFF 1 retirement plan employed by or retired from the City. 2.45.030 Composition (1) The Disability Board shall be composed of the following five members: (a) Two (2) members of the City Council, to be appointed by the Mayor. (b) Two (2) active or retired law enforcement officers, to be elected by the law enforcement officers employed by or retired from the City who are subject to the jurisdiction of the board and who are members of the LEOFF 1 retirement plan. All law enforcement officers employed by or retired from the City are eligible for election. (c) One member from the public at large who resides within the City to be appointed by the other four members designated in this section. 2.45.040 Terms - Vacancies - Elections (1) All members of the Disability Board elected or appointed pursuant to this chapter shall serve a two-year term. (2) Any member of the Disability Board who ceases to have the qualifications provided in this chapter shall be deemed to have forfeited their office. (3) Vacancies occurring, other than through the expiration of terms, shall be filled for the unexpired term of the outgoing member. Vacancies shall be filled in the same manner as with an original appointment or election. (4) The Mayor, or their designee, shall organize any elections required under this Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF Ordinance No. 014-26 Page 3 of 4 chapter and shall ensure that such elections are held in a timely manner. The Mayor, or their designee, shall provide a notice of elections to the City's law enforcement officers through their city email account and to the City's retired law enforcement officers by email, or postal mail if no email is available, to the last known address provided to the City. The notice of elections shall also be posted on the City's website. 2.45.050 Duties and Powers (1) The Disability Board shall perform all functions, exercise all powers, and make such determinations as specified in Chapter 41.26 RCW, as now or hereafter amended. (2) The Disability Board may adopt reasonable rules and regulations consistent with state law to carry out its authority and to govern the manner and form of filings, presentations, and hearings before the Disability Board. 2.45.060 Officers, Quorum, and Meetings (1) At the first meeting following establishment of the Disability Board, and annually thereafter, the Disability Board shall select from among its members a Chairperson, a Chairperson Pro Tem, and such other officers as may be necessary, who shall serve in such capacity for a one-year term. (2) The Mayor, in their discretion, will designate an employee of the City to provide administrative support to the Disability Board. (3) The presence of three members of the Disability Board shall be required to constitute a quorum for the transaction of business. (4) The Disability Board shall meet regularly at a scheduled time and place established by resolution of the Disability Board. Regular meetings may be canceled if there is no business pending before the Disability Board. (5) All meetings of the Disability Board shall be open to the public and held in accordance with the Open Public Meetings Act, unless otherwise required or allowed by state or federal law. (6) Any member of the Disability Board may participate in meetings of the Disability Board remotely, either by telephone or electronically through software that is compatible with the City's systems and equipment. The Mayor, or their designee, shall facilitate such remote participation as needed. 2.45.070 Compensation and Expenses Docusign Envelope ID: 200FE3A7-96A5-847D-832D-CAE85164E8DF Ordinance No. 014-26 Page 4 of 4 Members of the Disability Board shall serve without compensation for their service, but members shall be reimbursed by the City for all expenses incidental to their service in the manner and amount as authorized by law, except that members will not be reimbursed fortravel or lodging expenses incurred traveling to or from meetings of the Disability Board. SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by state law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 8t" day of September 2026. �.Signed by: f`�� �lMA.4U/l.SluA. Robert Putaansuu, Mayor ATTEST: nd b SiL�.��004 �llflttllfff� +n ,��O • �� Brandy Wallace, MMC, City Clerk a APPROVED AS TO FORM: �Ca• . _ ;SEAL Signed by: MBEF;��k`~ Charlotte A. Archer, City Attorney PUBLISHED: Friday, September 11, 2026 EFFECTIVE DATE: Wednesday, September 16, 2026