2004-25766 Reso
RESOLUTION NO. 2004-25766
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 SATISFACTORY AND APPROVING
THE AWARD 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. 2003-25437, adopted December 10,2003 which is made a part
ofthis Resolution by reference; and
WHEREAS, allowable deferred income under Section 457 ofthe Internal Revenue Code has
increased, the City Attorney has waived COLA increase for the year, and has requested an
amendment to his leave time entitlement and the adjustment of deferred income, 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.
Section 3.
Section 4.
The City Attorney's Memorandum of Engagement is hereby revised and
updated and Resolution No. 2003-25437 is hereby amended as follows:
A. In Section 2, Subsection 1. Base Salary is herebv amended to read:
1. Base Salary.
The City Attorney's base salary shall be annually set and
budgeted by the City Commission. He waives consideration
for annual cost ofliving adjustments (COLA).
B. In Section 2, Subsection 2 - Annual Performance Review is herebv
amended to read:
2. Annual Performance Review
For satisfactory performance 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 by the IRS for an employee in his category,
commencing the first pay period of the calendar year 2005
and continuing as hereafter described. The City shall
automatically deposit in City Attorney's account equal
deposits of deferred compensation on a bi-weekly basis
coincident with the City's payroll cycle, in lieu of one time
lump sum payments at the end of each calendar year.
C. In Section 2, Subsection 3 is hereby amended to read:
3. Annual Leave
Commencing January 1, 2005, the City Attorney shall be
entitled to the accrual of annual leave as prescribed for
unclassified employees with ten years of service, plus an
additional eight hours for each year of creditable service.
The City Attorney is awarded deferred compensation for the year 2004 in the
maximum amount allowed by IRS.
In all other respects the provisions of Resolution No. 2003-25437 shall
remain in full force and effect.
.
Section 5.
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 ofthe Mayor and Commission.
Section 6.
This Resolution shall become effective upon adoption.
PASSED and ADOPTED this ~ day of De
ATTEST:
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CITY CLERK
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APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
P,IATTO\DUBMIRESOLUTJ\CITY ATT3.REP
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Date
CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
TO:
Honorable David Der
Vice Mayor Simon C z
Commissioner Matti Herrera Bower
Commissioner Luis R. Garcia, Jr.
Commissioner Saul K. Gross
Commissioner Jose Smith
Commissioner Richard ~: ~t,~i;..t:1
Murray H. Dubbil}.d ~.
City Attorney /Vv,
FROM:
DATE:
December 2, 2004
SUBJECT:
Annual Review and Evaluation of the Performance of the City Attorney
My service as City Attorney on an interim basis commenced in June 1995 and as permanent City
Attorney on October 16, 1995 pursuant to a Memorandum of Engagement which on October 9, 1996
was incorporated in Resolution No. 96-22164 and 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, I would be
awarded deferred compensation in the maximum amount allowable under Section 457 of the
Internal Revenue Code (at the time $7,500). Since the adoption of Resolution No. 2000-24194, the
IRS has allowed an increase in maximum compensation under Section 457.
My Compensation Plan has been revised and updated throughout my years of service, the latest
update being adopted on December 10, 2003 and incorporated into Resolution No. 2003- 25437, a
copy being attached to and made a part of this memorandum. This plan has been followed for the
past year.
When COLA was provided to unclassified employees, I received COLA adjustments. I have
voluntarily waived COLA adjustments for the year 2003 and again for the year 2004. Due to budget
limitations at the adoption of the 2004-2005 Department Budget, I did not request a base salary
increase. Accordingly, for the current and prior fiscal year (2003-2004) my base salary has remained
unchanged.
For the current calendar year, I request your approval ofthe maximum deferred compensation under
the Internal Revenue Code and that for the forthcoming year the maximum deferred compensation be
deposited in my Section 457 account on a bi-weekly basis. I request that my annual leave time be
amended to calculate annual leave based upon ten years of service plus eight hours for each year of
creditable service.
2003-2004 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, acknowledges my waiver of Cost of Living adjustments and approves award of the
maximum deferred compensation allowed by the Internal Revenue Service. The Resolution further
grants an increase in accrual of annual leave time, and readjusts the method of accrual of future
deferred income under Section 457 to a bi-weekly basis.
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.
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Encl.
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2
CITY OF MIAMI BEACH
OFFICE OF THE MAYOR AND COMMISSION
MEMORANDUM
TO:
onzalez
City Manager Jor
FROM:
DATE: December 1,2004
SUBJECT: City Attorney's Annual Evaluation
On October 16, 2004, Murray H. Dubbin completed his ninth year of permanent 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 as
follows: the City Attorney has waived a cost ofliving adjustment; deferred income under Sec. 457
has been changed to comply with changes in the Internal Revenue Code and the Resolution reflects
an adjustment in method of deferred income; and annual leave time has been increased. Upon
adoption by the Commission, 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 8, 2004.
Encl.
cc: Members of the City Commission
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