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2003-25437 Reso RESOLUTION NO. 2003-25437 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE CITY ATTORNEY; UPDATING AND REVISING HIS TERMS OF ENGAGEMENT; RECEIVING THE CITY ATTORNEY'S ANNUAL REPORT; FINDING HIS PERFORMANCE TO BE SA TISF ACTORY AND APPROVING THE A WARD OF DEFERRED COMPENSATION PURSUANT TO THE INTERNAL REVENUE CODE, AND SETTING AN EFFECTIVE DATE. WHEREAS, Murray H. Dubbin was appointed City Attorney on September 27, 1995, effective October 16, 1995, pursuant to a Memorandum of Engagement, which on October 9,1996 was incorporated in Resolution No. 96-22164; and WHEREAS, the City Attorney's terms of engagement have been modified from time to time, the latest being Resolution No. 2000-24194, adopted November 29, 2000, and followed for the years 2001and 2002; and WHEREAS, facts have changed, including an increase in allowable deferred income under Section 457 of the Internal Revenue Code, whereby it is appropriate that the terms of the City Attorney's engagement be updated and revised to conform to said factual changes; and WHEREAS, the Mayor and Members of the Commission have reviewed the Attorney's Report and have personally related with and observed the City Attorney during the preceding year and upon such review and observation find and determine that his performance has been satisfactory and that he should be awarded the deferred compensation in the maximum amount allowed by the Internal Revenue Code and additional annual leave time as set forth hereafter; and WHEREAS, it is the desire of the Mayor and Commission to continue Mr. Dubbin's engagement under the terms and conditions hereafter set forth. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. The findings set forth are true and correct and adopted as part of this Resolution. Section 2. The City Attorney's Memorandum of Engagement is hereby revised and updated to be as follows: 1. Base Salary The City Attorney's base salary shall be annually set and budgeted by the City Commission. He shall not be considered for annual cost of living adjustments (COLA). 2. Annual Performance Review Upon satisfactory performance review the City shall award the City Attorney deferred compensation approved as such by Federal Law under the Internal Revenue Code, or such other Federal or State laws which are applicable, up to the maximum allowable amount for an employee in his category. 3. Annual Leave The City Attorney shall be entitled to the accrual of annual leave in accordance with his status as prescribed by the regulations governing unclassified employees, plus an additional five hours for each year of creditable service. 4. Health and Life Insurance City will provide and pay for coverage for City Attorney and dependant for Hospital Major Medical and Surgical in form similar to the present Humana PPO Plan and term life and disability as therein provided and to be provided by any future plans adopted by the City. 5. Retirement City Attorney will participate in the City defined Contribution Plan 401 (A). 6. Outside Activity City Attorney will devote full working time to City. He may continue to occasionally serve as Circuit Court and U.S. District Court Mediator for which he is certified. He may serve in a Director's capacity to corporate entities, provided there is no conflict with the interests of the City, nor detract from his full time obligation to the City. Section 3. Section 4. 7. Service to Other Local Government Entities The City may through the City Attorney provide legal counsel to other governments through an appropriate interlocal agreement. Compensation for such service shall be paid or credited to Miami Beach. 8. Professional Memberships and Continuing Education City will pay for memberships required for or supportive of service to City, such as dues to Florida Bar, including the local government and other City related sections plus the Professional Ethics Committee; American Bar Association; Dade County Bar; International Municipal Legal Association (IMLA); State and Local League of Cities and municipal attorneys organizations. City will pay costs of attendance at seminars and CLE programs needed to maintain membership in Bar or programs designed to maintain and enhance skills used in representing the City. 9. Civic and Charitable Organizations City Attorney will continue at his own expense membership and active participation in charitable organizations, such as the Anti Defamation League, the Jewish Museum of Florida and the Theodore Gibson Memorial Society. The City will pay for memberships in civic organizations, such as the Chambers of Commerce, which are particularly relevant to city interests. 10. Automobile City Attorney will be provided with an appropriate motor vehicle for unrestricted use together with insurance for liability, property damage, comprehensive insurance and operation, fueling, maintenance and repair, as normally provided for City operated vehicles. The City Attorney is awarded deferred compensation for the year 2003 in the maximum amount allowed by IRS. Mr. Dubbin's engagement as City Attorney shall continue under and pursuant to the terms of this Resolution until the same are modified, amended or terminated by action of the Mayor and Commission. Section 5. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 10th day of ATTEST: JAwo f~~ CITY CLERK MHD:lm APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:\A ITOIDUBM\RESOLUTI\CITY A Tf2.REP Resolution No. 2003-25437 ~ )~J/oJ Date CITY OF MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION DATE: City ManagerZi' Gonzalez Mayor David er. , December 1, 2003 TO: FROM: SUBJECT: City Attorney's Annual Evaluation On October 16, 2003, Murray H. Dubbin completed his eighth year of service as City Attorney. Pursuant to the terms of his employment, the City shall annually review and evaluate the performance of the City Attorney and "upon satisfactory performance review, the City shall award the City Attorney deferred compensation approved as such by Federal Law under the Internal Revenue Code. . . up to the maximum allowable amount. . ." The City Attorney has heretofore provided the Mayor and Commission with a comprehensive report setting forth significant accomplishments of the City Attorney's Office over the past year. Further, the Mayor and Members of the City Commission have had the opportunity to work with the City Attorney and the City's legal staff and have had the opportunity to evaluate the performance of the City Attorney and the City Attorney's Office. The Proposed Resolution of Engagement reflects proposed modifications of previous provisions. Entitlement to cost of living adjustment is terminated. The Internal Revenue Code regarding Deferred Income under Sec. 457 has been changed. The City Attorney has requested additional annual leave time. The Resolution containing such changes will become the City's contract with the City Attorney for the forthcoming year and until changed. Accordingly, I am transmitting the accompanying Resolution declaring the City Attorney's performance to meet the terms of his engagement and amending the terms of his engagement, for Commission consideration at its meeting on December 10,2003. Ene!. cc: Members of the City Commission F:IA TTOIDUBMIMEMOS\DERMER.EV A Agenda Item Date R7H 1)-/0-03 CITY OF MIAMI BEACH CITY ATTORNEY'S OFFICE TO: Honorable David Dermer Vice Mayor Jose Smith Commissioner Matti Herrera Bower Commissioner Simon Crnz Commissioner Luis R. Garcia, Jr. Commissioner Saul K. Gross Commissioner Richard L. Steinber,g FROM: Murray H. Dubbin .\\ lV City Attorney ~\~. DATE: December 1,2003 SUBJECT: Annual Review and Evaluation of the Performance of the Ci My service as City Attorney on a full time basis commenced October 16, 1995 pursuant to a Memorandum of Engagement which on October 9, 1996 was incorporated in Resolution #96-22164, which then became my Contract of Employment. That Memorandum of Engagement provided in part that prior to the end of each calendar year of service, my performance would be evaluated and if my evaluation was satisfactory, 1 would be awarded deferred compensation in the maximum amount allowable under Section 457 of the Internal Revenue Code (at the time $7,500). A revised and updated Compensation Plan was adopted on November 29,2000 and incorporated into Resolution No. 2000-24194, a copy being attached to and made a part of this memo. This plan has been followed for the past two years. When COLA was provided to unclassified employees, I received COLA adjustments. As a policy matter, COLA adjustments for employees in my category are terminated. Due to financial concerns, at the adoption ofthe Department Budget I recommended and was budgeted a nominal base salary increase ($600). Since the adoption of Resolution No. 2000-24194, the IRS has allowed an increase in maximum deferred compensation under Section 457. F or the current calendar year, I request your approval of the maximum deferred compensation under the IRC, and that for the forthcoming year my annual leave time be increased by five hours per year for each year of creditable service (eight years). 2002-2003 Evaluation. If you consider my performance for the above period to have been satisfactory, I request that you adopt the proposed Resolution which declares such satisfactory evaluation and approves award of the maximum deferred compensation approved by the Internal Revenue Service and an increase in accrual of annual leave time. The proposed Resolution also terminates cost of living adjustments. To assist in evaluating this request, I have submitted separately my Annual Report of performance by the City Attorney's Office of significant matters, in the multiplicity of disciplines it has handled this past year.