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2003-20

A RESOLUTION

AUTHORIZING AMENDMENT OF THE CITY OF LAKEWOOD POLICE
DUTY DEATH AND DISABILITY PLAN AND TRUST AGREEMENT
BY ADOPTION OF THE SECOND AMENDMENT

WHEREAS, the City of Lakewood, Colorado, established the City of Lakewood Police Police Duty Death and Disability Plan and Trust (the "Plan"), effective March 28, 1978; and

WHEREAS, effective January 1, 1999 the Plan was amended and restated in its entirety; and

WHEREAS, effective January 1, 2001, the Plan was amended by the First Amendment thereto;

WHEREAS, the City of Lakewood deems it advisable to further amend the Plan: to provide for an additional sworn police officer member of the Plan Manager, and for the staggering of the three-year terms of the sworn police officer members of the Plan Manager; to provide that attendance of four members constitutes a quorum; to provide that a majority vote is necessary to pass a resolution; and to provide that in the case of four members being present at a meeting of the Plan Manager, a tie vote is insufficient to pass a resolution;

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lakewood, Colorado, that the City of Lakewood Police Duty Death and Disability Plan and Trust Agreement is hereby revised by adoption of the Second Amendment, in the form attached hereto as Exhibit A.

INTRODUCED, READ AND ADOPTED by a vote of 8 for and 0 against at a regular meeting of the City Council on March 24, 2003 at Lakewood Civic Center, 480 South Allison Parkway, Lakewood, Colorado.

Stephen A. Burkholder, Mayor

ATTEST:
Margy Greer, City Clerk

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SECOND AMENDMENT
to the
CITY OF LAKEWOOD
POLICE DUTY DEATH AND DISABILITY
PLAN AND TRUST AGREEMENT

The following amendment to the Plan which was restated effective January 1, 1999, shall be effective January 1, 2003:

1. ARTICLE VIII., PLAN MANAGER, Section 8.01, Appointment of Plan Manager, shall be amended in its entirety to read as follows:

8.01 Appointment of Plan Manager. The Plan Manager shall consist of: the Mayor; the City Treasurer; the City Clerk; and three sworn members of the Police Department, who shall be elected by majority vote of the officers and agents of the Police Department each calendar year in the manner set forth in Section 8.02. The City Manager shall be an ex officio member of the Plan Manager Committee entitled to participate in meetings and discussions, but shall not have a vote on matters before the committee.

2. ARTICLE VIII., PLAN MANAGER, Section 8.02, Term and Election of Police Department Representatives to the Plan Manager, shall be amended in its entirety to read as follows:

8.02 Term and Election of Police Department Representatives to the Plan Manager. Commencing January 1, 2003, a new system of staggered terms for the sworn members of the Police Department elected to the Plan Manager shall be established. The new position for a sworn member of the Police Department, created in 2003, shall be filled by election in February, 2003, for a term that shall expire January 31, 2005. The elected member position with a term expiring January, 2003 shall also be filled by an election in January, 2003, and shall have a three-year term. The remaining elected member position has a term expiring January, 2004, and such remaining position shall be filled by election in January, 2004, and shall have a three-year term.

Subject to the paragraph above, upon completion of an elected member's term, an election conducted by the City Clerk shall be held on or before the thirty-first day of January of each year, and the succeeding representative receiving the greatest number of votes shall serve a three-year term. However, if only one member has indicated his desire to run for election by the nomination deadline, and there are no amendments to the Plan to be voted on by Participants, the City Clerk may cancel the election and declare such member to be elected to the Plan Manager for a three-year term.

3. ARTICLE VIII., PLAN MANAGER, shall be amended by the addition of a new Section 8.07, Quorum and Voting, to read as follows:

8.07 Quorum and Voting. Attendance by any four members at a meeting of the Plan Manager shall constitute a quorum. The vote of a majority of those present shall be necessary for the adoption of a resolution. Any tie vote shall result in the rejection of a resolution.

CITY OF LAKEWOOD
By: Stephen A. Burkholder, Mayor

PLAN MANAGER OF THE CITY OF LAKEWOOD POLICE DUTY DEATH AND DISABILITY PLAN
By: