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City of Paris Council Benefits Subcommittee <br />December 9, 2003 <br />Page 11 <br />considered under this constitutional amendment. City Attorney Schenk said that <br />TML agreed that TMRS is a statewide system; and, it has been determined that <br />the Firemen's Retirement Fund is not considered a statewide fund and would <br />come under this law. <br />Councilman Bell discussed the options. The city could do nothing or have an <br />election and the citizens could vote to maintain local control. The city can vote <br />to increase or decrease retirement benefits to the Firemen's Retirement Fund. He <br />asked if the city forfeits by not placing it on the ballot, or if it fails, either way, <br />does the city lose total control. City Attorney Schenk said the difference would <br />be is that the city, by not doing anything, would not in any way diminish or <br />decrease the benefits that are received under that retirement. Councilman Bell <br />said the city would still be in full authority to increase benefits. City Attorney <br />Schenk stated that if the City Council does not pass a resolution calling for an <br />issue to be placed on the ballot in May, then the city would not have the option <br />to decrease any benefits. Councilman Bell asked by placing this on the ballot, <br />how will they get it to pass, because the tendency of many voters is to vote no. <br />Councilman Bell said that how you put it on the ballot is very important. Mr. <br />Anderson said you educate people that it is a local control issue instead of a state <br />issue. City Attorney Schenk said how it is worded on the ballot has to be totally <br />neutral. There can not be any sort of comment as to the effect of voting for or <br />against the proposition. The City of Paris cannot expend funds as an <br />organization to favor or to oppose the position. The city can educate with regard <br />to the impact of a particular proposition on a ballot, but it cannot urge the people <br />to vote one way or another. Individual council members can because that is their <br />right to speak to the issue. The city cannot run an advertisement that says vote <br />"no" on this proposition. City Attorney Schenk said he was still going to pull <br />every string and resource that he knows of to get a further reading on the impact <br />of this. He said he had a call into TML right now to find out if they know what <br />the legislative background on this was and if it is consistent with the intent. The <br />City Attorney said that a fair reading, and based on the information that TML has <br />sent the city, is we do have a retirement program that is potentially impacted by <br />this. <br />