2013-28122 Resolution RESOLUTION NO. 2013-28122
A RESOLUTION OF THE MAYOR AND 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
YEARS FROM, RESPECTIVELY, APRIL 11, 2010, THROUGH APRIL 10, 2011,
AND APRIL 11, 2011, THROUGH APRIL 10, 2012, GRANTING A COST OF
LIVING ADJUSTMENT (COLA) OF THREE (3) PERCENT, EFFECTIVE AS OF
APRIL 9, 2012; EXTENDING THE CITY ATTORNEY'S CONTRACT OF
EMPLOYMENT, DATED APRIL 11, 2006, FOR AN ADDITIONAL TWO (2) YEAR
TERM, COMMENCING UPON THE EXPIRATION OF THE INITIAL TERM OF
SAID CONTRACT; FURTHER AMENDING THE CITY ATTORNEY'S
EMPLOYMENT CONTRACT TO REDUCE THE ALLOWABLE AMOUNT OF
SEVERANCE PAY FROM TWELVE (12) MONTHS AGGREGATE SALARY, TO
TWENTY (20) WEEKS (OR FIVE (5) MONTHS) AGGREGATE SALARY, AND
ACKNOWLEDGING THAT THE CITY ATTORNEY VOLUNTARILY AGREED TO
FOREGO COMPENSATION FOR FUTURE PLANNING DAYS.
WHEREAS, at its meeting on March 8, 2006, the Mayor and City Commission
unanimously approved Jose Smith as the new 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 11 th of each
Contract year; and
WHEREAS, the Mayor and members of the City Commission have reviewed the
Performance Evaluation Report submitted by the City Attorney, dated January 3, 2013; and
WHEREAS, a meeting of the Committee of the Whole was held during the City
Commission meeting of January 16, 2013, 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 years between, respectively, April 11, 2010 and
April 10, 2011, and April 11, 2011 and April 10, 2012, 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 salary and benefits, and other aspects of the 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 January 3,
2013, and following a duly noticed meeting of the Committee of the Whole on January 16, 2013,
said meeting to review and evaluate the performance of the City Attorney for the Contract years
commencing on April 11, 2010 and ending on April 10, 2011, and April 11, 2011, through April
10, 2012, in consideration and recognition of the City Attorney's exemplary performance during
said Contract years, the Mayor and City Commission hereby approve the following:
1. The City Attorney will be granted a three (3) percent Cost of Living Adjustment
(COLA), effective as of and retroactive to April 9, 2012 (which is the date that the COLA was
approved for the Unclassified employees of the City).
2. The initial term of the Employment Contract, as set forth in Section 2. A. thereof, is
hereby extended for an additional term of two (2) years, which term will commence on April 11,
2013, and end on April 10, 2015; and all other necessary adjustments to the Employment
Contract are made to reflect said change. .
3. The Employment Contract is further amended as follows: Section 4 of the
Contract, entitled "Severance Pay," is amended to reduce the severance payment, as defined in
Section 4(A) thereof, from a lump sum cash payment equal to twelve (12) months aggregate
salary in effect at the time of termination, to a lump sum payment equal to twenty (20) weeks
aggregate salary in effect at the time of termination.
4. The City Attorney voluntarily agrees to forego compensation for future paid
planning days.
5. Mr. Smith's engagement as City Attorney shall 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.
6. 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.
7. This Resolution shall become effective upon adoption.
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PASSED and ADOPTED this i f A day of J kak4r 2013.
errera Bower,Mayor
Attest:
INCORP ORATED:' "is
APPROVED AS TO
Rafael ranado, City Clerk -� '� r FORM &LANGUAGE
•• Ch & FOR EXECUTION
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F:\ATTO\AGUR\RESOS-ORD\City Attorney 2013 Evaluation Reso.doc (3
C fi At orney Date
JOSE SMITH, CITY ATTORNEY
OFFICE OF THE CITY ATTORNEY COMMISSION MEMORANDUM
T®: Mayor Matti Herrera Bower
Members of the City Commission
CC: Kathie Brooks, Interim City nager
ter_
FROM: Jose Smith, City Attorf 6y 41
DATE: January 3, 2013
SUBJECT: City Attorney's Performance Evaluation and Contract
Extension
April 11, 2013, will mark my seventh (7) year as City Attorney. It will also
mark the expiration of my employment contract.
Over the past seven years, I helped enhance the reputation and stature of
the City Attorney's Office by maintaining the highest standards of professionalism
and ethical conduct.
I have also been responsive and sensitive to requests from elected
officials and the administration. I continue to work closely with Interim City
Manager Kathie Brooks to better handle the many challenges and opportunities
which lie ahead.
Attached is a Memorandum submitted July 26, 2012 to the Commission
Oversight Committee on the Office of the City Attorney. It highlights our most
significant accomplishments, particularly our victory over the Pension Board
regarding collectively bargained changes to the pension ordinance.
I am proud to be your City Attorney and am optimistic about the city's
future. I look forward to meeting with each of you in the coming days to discuss
a contract extension. A Meeting of the Whole will be scheduled for the January
16, 2013 Commission meeting.
Thank you for giving me the opportunity to serve you and the residents of
Miami Beach.
JS/DTlmmd
F:WMSM UkEVALUAT ION 2012NCommission memo re evaluation 2012.dou
Agenda ltem_q D
Date '- /3
622
Attachment will be provided at the
January 16, 2013 Committee of the Whole meeting.
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