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2013-28435 Reso RESOLUTION NO. 2013-28435 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACKNOWLEDGING MAYOR PHILIP LEVINE'S DECISION TO VOLUNTARILY FOREGO THE FULL ANNUAL SALARY AND OTHER COMPENSATION AND BENEFITS AFFORDED TO THE OFFICE OF MAYOR, AS HEREINAFTER SET FORTH IN THIS RESOLUTION (THE "MAYOR'S COMPENSATION"); AND FURTHER ACCEPTING THE MAYOR'S RECOMMENDATION URGING THAT SUCH COMPENSATION BE ALLOCATED BY THE CITY COMMISSION TO OFFSET ANY SHORTFALLS AND/OR FUNDING GAPS, AS A RESULT OF FEDERAL SEQUESTRATION CUTS TO THE CITY'S ELDER MEAL PROGRAMS. WHEREAS, pursuant to Section 2.02 of the City Charter, the annual compensation (i.e. salary) for the Office of Mayor is $10,000; and WHEREAS, in addition, the Mayor is also entitled to pension benefits (similar to those available to Unclassified City employees), a car allowance, life insurance coverage-, and a monthly office stipend for travel and other expenses related to his public duties (hereinafter, the Mayor's salary and the preceding benefits are collectively referred to as the "Mayor's Compensation"); and WHEREAS, for Fiscal Year 2013-2014, the Mayor's Compensation is approximately $43,384; and WHEREAS, in his inaugural address to the City on November 25, 2013, Mayor Levine stated that he intended to discharge the duties of his office for the minimum consideration of $1 per year, and voluntarily forego the full annual salary and other benefits that he would otherwise be entitled to as Mayor; and WHEREAS, accordingly, the monies totaling the Mayor's Compensation will remain unspent in the Mayor's Office budget, and may be allocated by the City Commission for such other purposes as the Mayor and City Commission deems in the best interest of the public; and WHEREAS, in light of budget cuts to the City's Elder Meal programs (the "Programs") as a result of the Federal Sequestration, the Mayor urges that the City Commission allocate the annual amount of the Mayor's Compensation to offset the impact of lost funds to those Programs; and WHEREAS, currently, the Programs are operated by 1) Little Havana Activities and Nutrition Centers (Little Havana), and 2) Jewish Community Services of South Florida (JCS), and the recommendation would be that the Mayor's Compensation be allocated between these two providers, in amounts proportionate to the total meals served by each organization. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission acknowledge Mayor Philip Levine's decision to voluntarily forego the full -annual salary and i i other compensation and benefits, as set forth in this Resolution, afforded to the Office of Mayor (the "Mayor's Compensation"), and also accept the Mayor's recommendation' that such Compensation be allocated by the City Commission to offset any shortfalls and/or funding gaps, as a result of Federal Sequestration cuts to the City's Elder Meal Programs. PASSED and ADOPTED this !�tllay o f 2013. ATTEST: e J C9 CLERK MAY A INCORR ORATED APPROVED AS TO •' � r �,, FORM &LANGUAGE &FOR ECUTION y orney Date FAT MAGURRESOS-ORDWa or's Compensation Reso(12-5-13).Docx MIAMI BEACH OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM. TO: Mayor Philip Levine and Members of the City Commission FROM: Jose Smith, City Attorn y w CC: Jimmy L. Morales, City nagger DATE: December 11, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY- COMMISSION OF THE CITY OF MIAMI REACH, FLORIDA, ACKNOWLEDGING MAYOR PHILIP LEVINE'S DECISION TO VOLUNTARILY FOREGO THE FULL ANNUAL SALARY AND OTHER COMPENSATION AND BENEFITS AFFORDED TO THE OFFICE OF MAYOR, AS HEREINAFTER SET FORTH IN THIS RESOLUTION (THE "MAYOR'S COMPENSATION"), AND FURTHER ACCEPTING THE MAYOR'S RECOMMENDATION URGING THAT SUCH COMPENSATION BE ALLOCATED BY THE CITY COMMISSION TO OFFSET ANY SHORTFALLS AND/OR FUNDING GAPS, AS A RESULT OF FEDERAL SEQUESTRATION CUTS TO THE CITY'S ELDER MEAL PROGRAMS. Pursuant to Section 2.02 the City Charter, the annual compensation (i.e. salary) for the Office of Mayor is $10,000. In addition, the Mayor is also entitled to pension and benefits (similar to those available to Unclassified City employees), a car allowance, life insurance coverage, and a monthly office stipend for travel and other expenses related to his public duties (hereinafter, the Mayor's salary and those benefits referenced above are collectively referred to as the "Mayor's Compensation"). For Fiscal Year 2013-2014, the Mayor's Compensation is approximately $43,384. In his inaugural address to the City on November 25, 2013, Mayor Levine stated that he intended to discharge the duties of his office for the minimum consideration of $1 per year; foregoing the full annual salary and other benefits making up the balance of the Mayor's Compensation. The City Attorney's Office has found 'no authority, either under State-law or the City's Charter and Code, which would preclude Mayor Levine from voluntarily agreeing to reduce his compensation. Accordingly, the monies totaling the Mayor's Compensation remain, unspent in the Mayor's Office budget, and may be allocated by the City Commission for other purposes, as it deems in the best interest of the public. In light of budget cuts to the City's Elder Meal programs (the "Programs") as a result of the Federal Sequestration, the Mayor urges that the City Commission approve the Agenda Item G 7 X Date a- - Mayor's Compensation Page 2 December 11, 2013 attached Resolution, which would allocate the unused in the City's annual budget (as result of getting back the amount of the Mayor's Compensation) toward offsetting the impact of lost funds to those Programs. Currently, the Programs are operated by 1) Little Havana Activities and Nutrition Centers (Little Havana), and 2) Jewish Community Services of South Florida (JCS). Should the attached Resolution be approved, the recommendation would be to apply the surplus between Little Havana and JCS, in amounts proportionate to the total meals served by each organization. F:WTTOWGUR\RESOS-ORD\MEMOS\Mayor's Compensation Memo(12-5-13).doc We are committed to providing excellent public service and safety to all who live, work,and play in our vibrant, tropical, historic community.