2000-24194 RESO
RESOLUTION NO. 2000-24194
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING
TO THE CITY ATTORNEY; UPDATING AND REVISING IDS
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 Permanent 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. 96-2216 4; and
WHEREAS, since the adoption of Resolution No. 96-22164 there have been a number of
factual changes relating to the terms of the Memorandum of Engagement including the increase in
allowable deferred income allowable under the Internal Revenue Code; and
WHEREAS, 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
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 adapted as part of this
Resolution.
Section 2.
The City Attorney's Memorandum of Engagement is hereby revised and
updated to be as follows:
l. Base Salary
As annually set and budgeted by the City Commission.
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
(presently $8,000).
3. Vacation Schedule
Same as general unclassified employees.
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. May continue to
occasionally serve as Circuit Court and U.S. District Court Mediator
for which he is certified. 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.
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 COtmty 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, maintenance and
repair, as normally provided for City operated vehicles.
Section 3.
The City Attorney is awarded deferred compensation in the amotmt of$8,000.
Section 4.
Mr. Dubbin's engagement as City Attorney shall continue tmder and pursuant
to the terms of this Resolution tmtil the same are modified, amended or
terminated by action of the Mayor and Commission.
Section 5.
This Resolution shall become effective upon adoption.
ATTEST:
PASSED and ADOPTED this 29th day of November, 2000.
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MA OR
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CITY CLERK
MHD:lm
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
F:\A TIQ\DUBM\RESOLUTI\CITY A TT.REP
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City Attorney
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CITY OF MIAMI BEACH
CITY ATTORNEY'S OFFICE
TO:
Honorable Neisen Kasdin
Commissioner Matti Herrera Bower
Vice Mayor Simon Cruz
Commissioner David Dermer
Commissioner Luis R. Garcia, Jr.
Commissioner Nancy Liebman
Commissioner Jose Smith
FROM:
,
Murray H. DubbiRlI .,J GI,Ur"
City Attorney I ~~l ~
November 29, 2000
DATE:
SUBJECT:
Annual Review and Evaluation ofthe Performance ofthe City Attorney
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,
a copy of which is attached.
In accordance with Item 2 of the Memorandum of Engagement prior to the end of each calendar year
of my service, my performance has been evaluated and pursuant to satisfactory evaluations I have
been awarded the deferred compensation referred to in the Plan, which was the maximum allowable
pursuant to Section 457 of the Internal Revenue Code.
Since the adoption of Resolution #96-22164, there have been a number off actual changes relating
to the terms of the Memo of Engagement, which said changes should be incorporated in a revised
and updated Compensation Plan. Said changes are:
As to Item 2: Internal Revenue Code. Section 457 has been amended to increase the
maximum allowable deferred compensation from $7,500.00 to $8,000.00. Said amount is
subject to further change in the future.
As to Item 6: Outside Activity. I no longer serve as General Counsel to the FPMA and DPM
Insurance Company and such references should be eliminated. At this time, I do not serve
as a Director of Mekanika, Inc. and that should be deleted. However, I should be permitted
to serve in the future in non conflict directorships, if such do not interfere with my service
to the City. I continue to serve as a Circuit and U.S. District Court Mediator and those
references should remain.
As to Item 8: Professional Memberships and Continuing: Education. I have recently been
named as a member of the Florida Bar Committee on Professional Ethics, which should be
referred to.
.
As to Item 9: Civic Orl!anizations should be changed to Civic and Charitable Orl!anizations.
The Center for Health Technologies is no longer viable and should be eliminated.
Other than minor grammatical corrections, the Memorandum of Engagement should remain
substantially as written. The proposed amended language is incorporated in the Resolution
proposed.
1999-2000 Evaluation. If you consider my performance for the above period to have been
satisfactory, I request that you approve the Internal Revenue approved deferred compensation in the
amount of $8,000.00.
I further request the adoption of the proposed Resolution which embodies the proposed changes,
thereby updating the terms of my engagement and which incorporates satisfactory evaluation of my
service.
To assist in evaluating this request, I have submitted separately an Annual Report containing a recap
of significant matters handled by the City Attorney's Office this past year.
MHD:lm
Encl.
F:IA TTOIDUBMIMEMOSIANNREV2.MEM
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RESOLUTION NO.
96-22164
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, RELATING TO THE,
ANNUAL EVALUATION OF THE CITY
ATTORNEY; RECEIVING THE CITY
ATTORNEY'S REPORT; FINDING IDS
PERFORMAN~E TO BE SATISFACTORY;
AWARDING DEFERRED COMPENSATION;
SETTING AN EFFECTIVE DATE.
WHEREAS, Murray H. Dubbin was appointed permanent City Attorney on September 27,
1995, effective October 16,1995, having served as Interim City Attorney from June 25,1995; and
WHEREAS, Mr. Dubbin's engagement is reflected in a memorandum of September 25,
1995 approved by the Mayor and Commission, which establishes his first yeats salary and setting
other terms, conditions and benefits; and
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WHEREAS, one of the terms of his employment provided for an annual peIformance review
and further provided: "City may award deferred compensation of$7,500 (upon satisfactory review)";
and
WHEREAS,. Mayor and members of the City Commission have reviewed the City
Attorney's Report for the preceding fiscal year and have personally related with and observed the
City Attorney during the period of his service and upon such review and observation find and
deteniUne that his performance has been satisfactory and beneficial for the City and that he should
be awarded deferred compensation as provided in his engagement memorandum; and ,.
WHEREAS, it is the desire of the Mayor and Commission to continue Mr. Dubbin's
engagement under the terms and conditions as set forth in that memorandum attached hereto and
made a part hereof.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, as follows:
SECTION ONE: The findings set forth are true and correct and adapted as part
of this Resolution.
SECTION TWO: The City Attorney is awarded deferred compensation in the
amount ofS7,500.
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SECTION THREE: Mr. Dubbin's engagement as permanent City Attorney shall
continue under and pursuant to the terms of the memorandum of engagement which
is attached hereto and made a part hereof until the same is modified, amended or
terminated by action of the Mayor and Commission.
SECTION FOUR: This Resolution shall become effective upon adoption.
ATTEST:
MAYO
PASSED and ADOPTED this 9th day of
1996.
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CITY CLERK
FORMF~
By ~ J I-
Date ((1 - 1--'7'(, .
YMF:ISAt.L:\JMIIEICrTY Al1Y.RES
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MEMORANDUM OF ENGAGEMENT
SUBJECT: City Attorney's Compensation Plan
DATE: October 9,1996
L Base Salarv
As annually set and budgeted by the City Commission.
2. Annual Performance Review
City may award deferred Compensation ofS7,5oo
. (upon satisfactory review)
3. Vacation Schedule
Same as general ~classified employees.
4. Health and Life Insurance
City will provide and pay for cov;,erage for City Attorney and dependant for Hospital Major
Medical and Surgical in form similar to the present Humana PPO Plan and term life in an
amount to be agreed.
5. Retirement
. City Attorney will participate in City Defined Contribution Plan 401 (A) as descn"bed in
manual, page 18. '
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6. Outside Activitv
City Attorney will devote full working time to City, provided he may continue as General
Counsel to Florida Podiatric Medical Association and Dependable ProteCtive Mutual
Insurance Company, which service is preqominantly performed on weekends with
approximately ten days per year of weekday service. May continue to' occasionally serve as
Circuit Court and U.S. District Court Mediator. May continue as Director ofMekanika, Inc.
(a biomedical incubatee). '
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7. North Bav Village
Will provide legal counsel through an appropriate agreement betWeen cities. Compensation
from North Bay Village to be paid or credited to Miami Beach.
8. Professional MembershiDs and Continuimz Education
City will pay for memberships required for or supportive of service to City, such as dues to
Florida Bar (local government section); American Bar Association; Dade County Bar;
National Institute of Municipal Legal Officers; State and Local League of Cities and municipal
attorneys organizations. City will pay costs of attendance at semimirsand CLE programs
needed to maintain membership in Bar or programs designed to maintain and enhance skills
used in representing the City.
9. Civic Onzanizations
City Attorney will continue at his own expense membership in civic organizations, such as
Anti Defamation League, Center for Health Technologies and Jewish Museum of Florida.
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, maintenance and repair, as normally provided for City operated vehicles.
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NEW BUSINESS
AND
COMMISSION REQUESTS
C' Jhtll-v-
CITY OF MIAMI BEACH
CITY ATTORNEY'S OFFICE
TO:
Jorge M. Gonzalez
City Manager .
Murray H. Dubbin . J\I.I,J;I^
City Attorney ~ V
November 20, 2000
FROM:
DATE:
SUBJECT:
Annual Review and Evaluation of Performance of City Attorney
Attached is a memorandum dated November 29, 2000, addressed to the Mayor and Members of the
City Commission, reciting the background of my engagement with the City in October of 1995 and
factual changes that have taken place. Attached to the memo is a copy of Resolution No. 96-22164,
dated October 9,1996, formally adopting City Attorney's terms and engagement.
The memo sets forth the historical background and outlines factual changes that have occurred since
October 9, 1996, which should be contained in a new document of engagement. This also requests
approval of updated deferred compensation in the amount of$8,000. Accompanying the foregoing
is a proposed Resolution which accomplishes all the matters requested in this memorandum.
I would appreciate your placing this on the November 29 agenda at a Time Certain.
There will be supplemental material provided for distribution between now and November 29.
Thank you for your courtesies.
MHD:lm
Enc!.
Agenda Item ~ I L
Date I \-2?f-(:[)