Sunrise police union votes no confidence in city manager, alleges transfers from employee health fund; manager says transfer lawful

The City of Sunrise Fraternal Order of Police said on June 10 that its membership voted unanimously in a no-confidence vote against City Manager Mark Lubelski, alleging the manager transferred $2,000,000 from the city—mployee health plan to the general fund without adequate notice to employees or the commission.

The union president, Steve Negron, told the commission the transfer had been split into smaller transactions over several months and that $1,500,000 remained out of the health plan for seven months before being returned. Negron said that employee and retiree contributions to the fund were $1,938,881 and $1,074,901 respectively and argued the transfers amounted to an improper use of commingled funds. "It was suspicious how the city manager did not include this transfer of $2,000,000 in the 2024-25 budget hearing PowerPoint presentation to this commission," Negron said.

City Manager Mark Lubelski responded that city and outside counsel had issued a legal opinion finding the transfer lawful and that the state's Office of Insurance Regulation had reviewed and accepted the city's annual health insurance fund report that disclosed the transfer. "The $2,000,000 transfer from the health insurance fund to the general fund is lawful and fully permissible under Florida law," Lubelski said, and he said he provided the legal opinion and the state's acceptance letter for the commission's review.

The dispute included related concerns about the composition of the Sunrise Police Pension Board. Negron criticized actions by the city to remove police officer trustees from certain appointed seats, saying the board had been in compliance with state law and that the changes were prompted after the board lowered its actuarial assumption rate and presented a study on deferred retirement. "Our police pension board of trustees was fully in compliant with the Florida state law until the city manager took action against us," Negron said, citing a 1989 collective bargaining agreement, city ordinance language and attorney general opinions.

City Attorney Thomas P. Moss said he and outside pension counsel reviewed the matter and concluded the dual-office-holding prohibition in state law prevented a current police officer from serving in some of the city-appointed seats on the pension board. Moss explained a statutory exception requires two trustees elected by the pension plan to be current police officers but said the city could not alter eligibility requirements in Chapter 185 of the Florida Statutes.

Commissioners did not take a formal disciplinary action against the city manager during the meeting. Several commissioners urged caution about inflammatory language while also saying they would review the legal opinions and meet with union representatives and staff. Deputy Mayor Neil C. Kirch and others said they would read the legal material and encouraged additional meetings between the manager, the unions and the city attorney to resolve outstanding questions.

No litigation had been filed in the meeting record, and the commission asked for copies of the legal opinion and the state's report. Commissioners said the issues raised bout reserves, fund restrictions and pension governance warranted further review and meetings before any final determinations.

The meeting record shows the exchange comprised public comment by union representatives followed by a multi-member commission discussion and responses from city staff and the city attorney. The commission did not vote on any motion tied to the no-confidence resolution at the June 10 session; next steps indicated in the meeting were additional document review and scheduled meetings between the parties.