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2002-25092 Reso RESOLUTION NO. 2002-25092 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RELATING TO THE CITY ATTORNEY; RECEIVING THE CITY ATTORNEY'S ANNUAL REPORT; AMENDING HIS COMPENSATION PLAN; 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. 96-22164; WHEREAS, because of factual changes after adoption of Resolution No. 96-22164 including the increase in allowable deferred income under Sec 457 of the Internal Revenue Code the Mayor and Commission on November 29, 2000 adopted Resolution number 2000-24194 outlining the updated terms and conditions of his engagement, a copy of which is attached to and made part of this Resolution; WHEREAS, the maximum allowable deferred income under the Internal Revenue Code, Section 457, for an employee in Mr. Dubbin's category has been increased to $12,000; WHEREAS, the Mayor and Members ofthe Commission have reviewed the Attorney's Report and have personally related with and observed the City Attorney and the City Attorney's office 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 contained in this Resolution. 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 above are true and correct and adopted as part of this Resolution. Section 2. The City Attorney is awarded the IRC maximum deferred compensation in the amount of $12,000. Section 3. Mr. Dubbin's engagement as City Attorney shall continue under and pursuant to the terms of Resolution #2000-24194 as modified by this Resolution, until said terms are modified, amended or terminated by future action ofthe Mayor and Commission. Section 4. This Resolution shall become effective upon adoption. PASSED and ADOPTED this r11t:hl day of 2002. ATTEST: ~rPdA~ CITY CLERK MHD:lm APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION F:IATIO\DUBM\RESOLUTI\CTY ATI.02. ~ Clty~ 1//((.,.-62.. Dele .>- ,., - \\ j ;,:.: 'D ',r' ~... ~i::t 10_ CITY OF MIAMI BEACH t. \- . 2.'-' OFFICE OF THE MAYOR AND COMMISSION ., ~O\l 2.1 ~lA. 3. Oc. ., -,,'.. " '.' ,. .,.-:- '.._'{1......... .._,- c\ l,{ ~ff\tt. TO: Mayor David Der e FROM: DATE: SUBJECT: City Attorney's Annual Evaluation On October 16,2002, Murray H. Dubbin completed his seventh year of service as City Attorney. Pursuant to the terms of his employment, the City shall annually review and evaluate the performance ofthe 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 maximwn allowable amount. . . " The City Attorney has 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. Accordingly, I am transmitting for Commission consideration at its December 11, 2002 meeting the accompanying Resolution which finds the City Attorney's performance to be satisfactory and awards him deferred compensation in the maximwn amount allowable by the Internal Revenue Service. MHD:lm Enc!. cc: Members of the City Commission F:IATIOIDUBMlMEMOSIDERMEREV A Agenda Item Date R1E /~-I/-O~ '--------~--- CITY OF MIAMI BEACH CITY ATTORNEY'S OFFICE TO: Honorable David Dermer Vice Mayor Simon Cruz Commissioner Matti Herrera Bower Commissioner Simon Cruz Commissioner Luis R. Garcia, Jr. Commissioner Saul K. Gross Commissioner Jose Smith Commissioner Richard L. Steinb~rg FROM: Murray H. DUbbi.n C\.. 0 V City Attorney I'M ~ DATE: December 11, 2002 SUBJECT: Annual Review and Evaluation of the Performance of the 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. That Memorandum of Engagement provided in part that prior to the end of each calendar year of my service, my performance would be evaluated and if my evaluation was satisfactory, deferred compensation in the maximum amount allowable under Section 457 ofthe Internal Revenue Code (at the time $7,500). Based upon factual changes after the adoption of Resolution No. 96-22164, 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. Since the adoption of Resolution No. 2000-24194, the IRS allowed deferred compensation for an employee in my age category has increased to $12,000. 2001-2002 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. To assist in evaluating this request, I have submitted separately an Annual Report of performance by the City Attorney's Office of significant matters, in the multiplicity of disciplines it has handled this past year. MHD:lm Enel. F:\ATTOIDUBMlMEMOSlANNREV3.MEM .. .e . RESOLUTION NO. 2000-24194 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIA:"n BEACH, FLORIDA, RELATING TO THE CITY ATTORNEY; V-PDATING AND REVISING IDS TERMS OF ENGAG:EME.:\TT; RECEIVING THE CITY ATTORNEY'S ANNUAL REPORT; FINDING IDS PERFORl\1AJ.'lCE TO BE SATISFACTORY AND APPROVING THE AWARD OF DEFERRED COMPENSATION PURSUA.'IT TO THE INTERNAL REVENUE CODE, AJ.'lD SETTING Al'l EFFECTIVE DATE. WHEREAS, Murray H. Dubbin was appointed Pennanent 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, since the adoption of Resolution No. 96-2216 4 there have been a number of factual changes relating to the tenns 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 tenns and conditions hereafter set forth. . NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AJ.~ 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: 1. Base Salary As annually set and budgeted by the City Commission. - - . , 2. Annual Perfonnance 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 S8,000). 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. S. 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 Membershios 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 o. . . Committee; American Bar Association; Dade County Bar; International Municipal Legal Association (IMLA); State and Local League of Cities and municipal attorneys organizations. City wiU 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 panicipation 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. SectioD 3. The City Attorney is awarded deferred compensation in the amount of$8,000. Section 4. Mr. Dubbin's engagement as City Attorney shall contin~e under and pursuant to the terms of this Resolution until the same are modified, amended or tenninated by action of the Mayor and Commission. SectioD S. This Resolution shall become effective upon adoption. ATTEST: PASSED and ADOPTED this 29th day of November, 2000. ~ MA OR -Llwd' f~ k CITY CLERK MHD:lm APPROVEDMTO FORM & LANGUAGE & FOR EXECUllON F:IA T1"OIDt;llMlltESOLUTlICrTY A T1".REl' ~~ ClIy Attorn.., "h.o/~ 0.