2021-0234
INTRODUCED BY: MATTHEW JEWELL, PARISH PRESIDENT
(DEPARTMENT OF LEGAL SERVICES)
RESOLUTION NO. __________
Title
A resolution supporting the St. Charles Parish Public Defenders Office in executing an agreement with the Board of Trustees of the Parochial Employers’ Retirement System to secure coverage for eligible officers and employees of the St. Charles Parish Public Defenders Office.
Body
WHEREAS, Fenwick Swann, District Public Defender for the St. Charles Parish Public Defenders Office has advised the Parish Administration that according to Chapter 5 of Title 11 of the Louisiana Revised Statutes of 1950, retirement benefits are eligible to officers and employees of the St. Charles Parish Public Defenders Office; and,
WHEREAS, a Louisiana Revised Statutes 11:1903(2) provides that an “Indigent Defender” or “District Public Defender” Program, for purposes of the Parochial Employees’ Retirement System (PERS), is specifically named as an “Employer”; and 11:1902 (12 (c)), specifically states in pertinent part that an officer and employees, who work at least 28 hours per week are considered “Employees”, and that the District Public Defender Program is defined as “Employer”, for purposes of the Parochial Employees’ Retirement System (PERS); and,
WHEREAS, the Administration has been advised by Fenwick Swann, District Public Defender for the St. Charles Parish Public Defenders Office, that all costs, expenses and funding of the retirement benefits of the eligible officers and employees shall be the sole obligation of the St. Charles Parish Public Defenders Office and that there are no current or future financial obligations or responsibilities for St. Charles Parish or the St. Charles Parish Council.
NOW, THEREFORE, BE IT RESOLVED, THAT WE, THE MEMBERS OF THE ST. CHARLES PARISH COUNCIL, do hereby:
1) Extend the provisions of Chapter 5 of Title 11 of the Louisiana Revised Statutes of 1950 for the purpose of allowing the St. Charles Parish Public Defenders Office to provide retirement benefits to eligible officers and employees of the St. Charles Public Defenders Office. In pursuance of said policy and for said purpose, the officers and employees of the St. Charles Parish Public Defenders Office shall take such action as may be required by applicable state law and regulations. The coverage of eligible officers and employees shall become effective once the Board of Trustees executes its portion of said agreement.
2) Authorize the District Public Defenders Office, through its District Public Defender, Fenwick Swann, to execute an agreement with the Board of Trustees of the Parochial Employers’ Retirement System to secure coverage of eligible officers and employees of the St. Charles Parish Public Defenders Office.
3) Authorize the District Public Defenders Office, to withhold, and make payments in the amounts and at such times as may be required by the Board of Trustees of the Parochial Employees’ Retirement System as provided in Chapter 5 of Title 11 of the Louisiana Revised Statutes of 1950 and transmitted to the system at such time or times as prescribed by the Board of Trustees regulations of the system.
4) Authorize the District Public Defenders Office, as Employer, to make the employer contributions from amounts in its own budget, and transmit those funds to the Board of Trustees in accordance with state law and regulations applicable to the System.
5) Authorize the District Public Defenders Office, through its own Administrator to maintain such records and submit such reports as may be required by applicable state law or regulations applicable to the system.
The foregoing resolution having been submitted to a vote, the vote thereon was as follows:
And the resolution was declared adopted this day of , 2021, to become effective five (5) days after publication in the Official Journal.
CHAIRMAN:
SECRETARY:
DLVD/PARISH PRESIDENT:
APPROVED: DISAPPROVED:
PARISH PRESIDENT:
RETD/SECRETARY:
AT: RECD BY: