2010-27462 Reso2010-27462
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE ANNUAL
PERFORMANCE EVALUATION OF THE CITY ATTORNEY; RECEIVING
THE CITY ATTORNEY'S PERFORMANCE EVALUATION REPORT;
AND, IN CONSIDERATION OF THE CITY ATTORNEY'S EXEMPLARY
PERFORMANCE DURING THE CONTRACT YEAR FROM APRIL 11,
2009, THROUGH APRIL 10, 2010, EXTENDING THE CITY ATTORNEY'S
CONTRACT OF EMPLOYMENT, DATED APRIL 11, 2006, FOR AN
ADDITIONAL ONE (1) YEAR TERM, COMMENCING UPON THE
EXPIRATION OF THE INITIAL TERM OF SAID CONTRACT;
WHEREAS, at its meeting on March 8, 2006, the Mayor and City Commission
unanimously approved Jose Smith as City Attorney; and
WHEREAS, Mr. Smith's engagement is reflected in an Employment Contract
dated, April 11, 2006, and approved by the City Commission pursuant to Resolution No.
2006-26176 (the Employment Contract); and
WHEREAS, the Employment Contract provides for an annual performance
review and evaluation of the City Attorney, at which time the City Commission shall
review the annual salary and/or other benefits of the City Attorney, and make
adjustments in such amounts and to such extent as the City Commission may determine
that it is desirable to do so; and
WHEREAS, the Employment Contract further provides that an annual salary
review of the City Attorney shall be made every year within thirty (30) days after April
11th of each Contract year; and
WHEREAS, the Mayor and Commission have reviewed the Performance
Evaluation Report submitted by the City Attorney, dated June 24, 2010; and
WHEREAS, a meeting of the Committee of the Whole was held during the City
Commission meeting of July 14, 2010, at which time the Mayor and City Commission
convened to review and evaluate the performance of the City Attorney, in accordance
with the Employment Contract, and as set forth above; and
WHEREAS, in consideration and recognition of the City Attorney's exemplary
performance and achievements for the Contract year between April 11, 2009 and April
11, 2010, the Mayor and City Commission hereby deem that it is in the best interest of
the City to approve the foregoing adjustments to the City Attorney's Employment
Contract, all as further set forth below.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that, having received and
reviewed the Performance Evaluation Report submitted by the City Attorney, dated June
24, 2010, and following a duly noticed meeting of the Committee of the Whole on July
14, 20010 to review and evaluate the performance of the City Attorney for the Contract
year commencing on April 11, 2009, and ending on April 10, 2010, and in consideration
and recognition of the City Attorney's exemplary performance during said Contract year,
the Mayor and City Commission hereby approve the following:
1. Mr. Smith's engagement as City Attorney shalt continue under and
pursuant to the terms and conditions of the Employment Contract, as approved pursuant
to Resolution No. 2006-26176, and as further amended by this Resolution, until the
same is modified, amended, or terminated by action of the Mayor and City Commission.
2. The initial term of the Employment Contract, as set forth in Section 2. A.
thereof, is hereby extended by one (1) additional year, commencing on April 11, 2012,
and ending on April 10, 2013, and all other necessary adjustments to the Employment
Contract are made to reflect said change.
3. The City Attorney, in recognition of the difficult budgetary issues the City
is confronting, agrees to forego any bonus, COLA or annual merit adjustment to his base
salary.
4. The Mayor is hereby directed to provide the City Attorney with a summary
written statement of the findings of the Committee of the Whole, pursuant to the City
Commission's review and evaluation of the City Attorney's performance, as provided in
Section 7. A. of the Employment Contract.
5. This Resolution shall become effective upon adoption and be retroactive to
April 11, 2010.
PASSED and ADOPTED this ~ day of July 2010.
R
Matti Herrera Bower
A ST:
~'~'l
CITY CLERK
Robert Parcher
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
" .~ 1 Z ~o
ity Attorn a
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bow d Mem rs of the City Commission
FROM: Jose Smith, City Att ey `'
DATE: July 2, 2010
suB~ECr: A COMMITTEE OF THE WHOLE MEETING TO DISCUSS THE CITY
ATTORNEY'S PERFORMANCE EVALUATION
The attached Resolution was prepared for consideration by the City Commission,
following a meeting of the Committee of the Whole, held during the noon lunch break
during the July 14, 2010 City Commission meeting, to discuss the City Attorney's annual
performance evaluation.
RJA
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