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Resolution 2022-32327 Resolution No. 2022-32327 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE COMMITTEE OF THE WHOLE RELATING TO THE ANNUAL PERFORMANCE EVALUATION OF THE CITY CLERK; AND, IN CONSIDERATION AND RECOGNITION OF THE CITY CLERK'S PERFORMANCE DURING THE CONTRACT YEAR MAY 1, 2021 THROUGH APRIL 30, 2022, AMENDING THE CITY CLERK'S EMPLOYMENT AGREEMENT BY: EXTENDING THE TERM OF THE CONTRACT FOR ONE ADDITIONAL YEAR, THROUGH APRIL 30, 2024; _ GRANTING A SALARY INCREASE IN THE AMOUNT OF THREE PERCENT (3%), EFFECTIVE AS OF AND RETROACTIVE TO MAY 1, 2022; GRANTING A ONE-TIME LUMP SUM BONUS IN THE AMOUNT OF FIVE THOUSAND DOLLARS ($5,000); AND CLARIFYING THE TERMS RELATING TO THE CITY CLERK'S 457(B) AND IRA CONTRIBUTIONS, TO PROVIDE FOR THE ANNUAL CONTRIBUTIONS TO BE PAYABLE ON A LUMP-SUM BASIS, AND SUBJECT TO ANNUAL ADJUSTMENT TO THE IRS LIMITS PERMITTED BY LAW, IN THE SAME MANNER AS PROVIDED FOR ALL OTHER CITY CHARTER OFFICERS. WHEREAS, at its meeting on April 11, 2012, the Mayor and City Commission appointed Rafael E. Granado to the position of City Clerk of the City of Miami Beach effective April 11, 2012; and WHEREAS, Mr. Granado's engagement is reflected in an Employment Agreement dated April 22, 2015, and unanimously approved by the City Commission pursuant to Resolution No. 2015-28994 (the " Employment Agreement"); and WHEREAS, on July 13, 2016, Mr. Granado's Employment Agreement was further amended pursuant to Resolution No. 2016-29513; and WHEREAS, on July 26, 2017, Mr. Granado's Employment Agreement was further amended pursuant to Resolution No. 2017-29960; and WHEREAS, on July 17, 2018, Mr. Granado's Employment Agreement was further amended pursuant to Resolution No. 2018-30384; and WHEREAS, on September 11, 2019, Mr. Granado's Employment Agreement was further amended pursuant to Resolution No. 2019-30992; and WHEREAS, on February 10, 2021, Mr. Granado's Employment Agreement was further amended pursuant to Resolution No. 2021-31601; and WHEREAS, the Employment Agreement provides for an annual performance review and evaluation of the City Clerk, at which time the City Commission shall review the annual salary and/or other benefits of the City Clerk, and shall adjust in such amounts and to such extent as the City Commission may determine it is desirable to do so; and WHEREAS, the Employment Agreement further provides that an annual salary review of the City Clerk will be made every year within thirty (30) days after May 1st of each Contract year; and WHEREAS, on September 14, 2022, the Committee of the Whole met and discussed the annual performance evaluation and salary/benefits review of the City Clerk; and WHEREAS, in consideration and recognition of the City Clerk's performance for Contract Year May 1, 2021 through April 30, 2022, the Mayor and City Commission hereby deem that it is in the best interest of the City to approve an amendment to the City Clerk's Employment Agreement, 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, in consideration and recognition of the City Clerk's exemplary performance during Contract year May 1, 2021 through April 30, 2022, the Mayor and City Commission hereby approve the following amendments to the City Clerk's Employment Agreement: 1. EXTENSION OF TERM Extension of term for a period of one year, to provide a new expiration date of April 30, 2024. 2. MERIT ADJUSTMENT As a merit increase, grant a salary increase in the amount of three percent(3%), effective as of and retroactive to the contract anniversary date of May 1, 2022. 3. BONUS The City Clerk shall be granted a one-time lump-sum bonus in the amount of five thousand dollars ($5,000), to be paid to the City Clerk on the first available pay period following adoption of this Resolution. 4. CLARIFICATIONS RELATING TO ANNUAL 457(B) AND IRA CONTRIBUTIONS A. The City's annual contributions made on Mr. Granado's behalf into the Section 457 deferred compensation plan (the "Plan")and IRA account shall be subject to an automatic annual adjustment to the maximum amount permitted by applicable law (in the same manner as provided for all other City Charter'officers). B. For the 2023 tax year, the City's annual contributions to the Plan and the IRA account shall be made on a lump-sum basis, commencing on January 15, 2023, and 2 thereafter on January 15th of each year during the Term of the Agreement (in the same manner as provided for all other City Charter officers). 5. Terms Applicable to Unclassified General Employees. Mr. Granado, as a general unclassified employee, will receive the same cost of living adjustments and leave benefits, if any, received by general unclassified employees of the City during the Term of the Employment Agreement, as provided per the terms of the Employment Agreement (Resolution No. 2016-29513) and as further set forth in the Salary Ordinance for unclassified general employees and/or the Leave Ordinance for unclassified employees, each as may be amended from time to time. 6. Mr. Granado's engagement as City Clerk shall continue under and pursuant to the terms and conditions of the April 22, 2015 Employment Agreement, as approved pursuant to Resolution No. 2015-28994; as amended by Resolution No. 2016-29513, Resolution 2017-29960, 2018-30384; 2019-30992, and 2021-31601; and as further amended by this Resolution, until the same is modified, amended, or terminated by action of the Mayor and City Commission. 7. This Resolution shall become effective upon adoption. PASSED and ADOPTED this 6 day of 1 60-✓ _, 2022. ATTEST: SEP 2 ?�122 Dan Gelber, Mayor Raf el E. Granado, City Clerk � ;a, SEP �Q�Z APPROVED AS TO • ""~ � ,jFORM & LANGUAGE r • °`�� s IIICORMOF,ATED &FOR EXECUTION % . Si L � ''117, f.-=� '(zJ� i►�..-� A City Attorney Date 3 MIAMI BEAC City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Dan Gelber and Members of the City Commission FROM: Alina T. Hudak, City Manager Rafael A. Paz, City Attorney Rafael E. Granado, City Clerk Joseph Centorino, Inspector General DATE: September 14, 2022 SUBJECT: COMMITTEE OF . THE WHOLE MEETING TO DISCUSS THE ANNUAL PERFORMANCE EVALUATIONS OF THE CITY MANAGER, CITY ATTORNEY, CITY CLERK, AND INSPECTOR GENERAL, AND POTENTIAL CONTRACT AMENDMENTS. The following Memorandum is prepared in anticipation of the annual evaluation of the City's Charter officers, currently scheduled for the Committee of the Whole Meeting on September 14, 2022. Under the existing employment contracts for each of the Charter officers, the City Commission shall conduct an annual performance evaluation (including salary and benefits review) on an annual basis, within thirty (30) to forty-five (45) days of the anniversary date of the respective employee's contract. At such time, the City Commission shall review the annual salary and/or benefits of each employee, and shall make adjustments in such amounts and to such extent as the City Commission may determine that it is desirable to do so. It is also the time when the Mayor and City Commission shall provide the respective constitutional officer with their individual input regarding their performance, and allow for discussion of same between the City Commission and the employee/officer. Although each Charter officer has a different anniversary date (and corresponding date for their annual evaluation in their employment contracts), the City Commission has not had the opportunity to schedule the evaluations until now. Nevertheless, it is timely for the City Commission to conduct the evaluations at the conclusion of the fiscal year, to permit the City Commission to focus on each Charter officer's performance during the entire fiscal year. For Charter officers whose evaluations are past due, any salary adjustments, if any, would be retroactive to each Charter officer's respective anniversary date. Each Charter Officer has prepared an Annual Report, to assist the City Commission in its evaluation. The City Manager's Annual Report is attached as Exhibit 1. The City Attorney's Annual Report is attached as Exhibit 2. The City Clerk's Annual Report is attached as Exhibit 3. The Inspector General's Update to his most recent Report will be released via supplemental agenda. Commission Memorandum—Annual Performance Evaluations September 14, 2022 Page 2 The proposed Resolution for each Charter officer, with a summary of the adjustments or contract amendments, if any, approved for each Charter Officer, will be prepared as after-the-fact Resolutions, to reflect the final actions taken by the Mayor and City Commission. Thank you for your consideration. On behalf of all of us, it is a continued honor and a privilege to be able to serve the Mayor and City Commission and our City's residents. EXHIBIT 3 OFFICE OF THE CITY CLERK SIGNIFICANT ACCOMPLISHMENTS SIGNIFICANT ACCOMPLISHMENTS CONT'D City Clerk • Elections: Successfully conducted the November 2, 2021 General and Special Elections, the November 16, 2021 Run- • COVID-19: Provided uninterrupted in-person service to the Off Election, and the August 23, 2022 Special Election. The public and City Departments throughout the COVID-19 Office of the City Clerk assisted the Miami-Dade Elections pandemic. Established office procedures to protect the health Department in preparing and running Early Voting at City Hall and safety of staff. and the North Shore Branch Library locations. • Open and Responsive Government: Concluded the conversion • Produced a 2021 and 2022 Candidate Information Handbook of all Ordinances and Resolutions from 1915 to the present into that was provided to all candidates for City of Miami Beach a digital format accessible to both internal and external users elected office. The Handbook was designed to be a single source of answers to questions candidates and campaigns • The Office of the City Clerk ensured: 1) That all required might have while running for office in Miami Beach, whether to legal postings were distributed in compliance with State law reference relevant election laws or simply check filing deadlines. and City policy; 2) The accurate accumulation, accessibility, and preservation of official City documents; 3) The accurate • The Office of the City Clerk engaged in outreach efforts with and timely preparation of City Commission, Redevelopment candidates and campaigns by sending periodic communications Agency (RDA), and North Beach Community Redevelopment throughout the election cycle. These emails included status Agency (NBCRA) meeting after-actions (minutes); and 4) The reports about early voting and turnout statistics, highlighted compliance with the Florida Public Records Act, also known as upcoming election deadlines, and provided reminders about F.S. 119 relevant election laws. • To maximize public access and transparency, the Office of • Drafted Voter Information Guide in both English and Spanish for the City Clerk incorporated all meeting notices that are legally the November 2021 and August 23, 2022 Special Elections. required to be published in newspapers, on its publicly accessible website, providing a single point of access to this Engaged in outreach efforts with Political Committees and information for both internal and external users Electioneering Communication Organizations interested in participating in the 2021 and 2022 Miami Beach Special 66 Election including reminders for the Campaign Finance Report due dates,answering questions regarding forms and submittals, and issuing fines to late submittals of reports • City Commission Agenda Preparation: Produced City Provided uninterrupted Commission agenda materials for Commission meetings, in person service to the retreats/special meetings,and workshops;oversaw the agenda public and City Departments preparation process and updated the City's webpage. throughout the COVID-79 pandemic. Established office • After-Actions: Produced after-action reports (minutes) for procedures to protect the Commission meetings, retreats, special meetings, and health and safety of staff. workshops • Ordinance and Resolution Registry: Maintained a webased Ordinance and Resolution registry to provide an easy researc-bh tool for the public.The information is available at https://www. miamibeachfl.gov/city-hall/city-clerk/public-records-request/ • Administration: Conducted and completed an organizational redesign that will provide improved service delivery, employee professional development, and succession management over the next five years. OFFICE OF THE CITY CLERK SIGNIFICANT ACCOMPLISHMENTS CONT'D SIGNIFICANT ACCOMPLISHMENTS CONT'D • Public Records Requests: Responded to 74 public records • Letter to Commission (LTC): The Office of the City Clerk requests (PRRs) directed at the Office of the City Clerk. Ninety- processed,emailed,and digitized 543 Letters to Commission in six percent(96%) of said requests were processed in 7 days or Fiscal Year 2021 less. The Office coordinated and monitored 3,204 Citywide PRRs to ensure a prompt response. The Office of the City Clerk • Annual Reports: Processed Outside Employment, Gift Disclosure, improved government transparency through a searchable Financial Disclosures, and Lobbyist Expenditure Forms, as database of the most frequently requested public records online, required by the State, the County, and the City and assisted staff with the research of official records. • Collaborated with the Information Technology Department to Public Notices: Completed and forwarded for newspaper • publication the required legal notices within the statutory time implement an easy-to-use web-based records requests software that manages every step of the process from intake to delivery. requirements for public hearings. Published the following Implementation was in June 2022. advertisements: 52 meeting notices, 174 public hearings, and 35 election information notices. • LaserFiche/Scanning: Scanned, indexed, quality-controlled, • and published all LTCs, Lobbyists Affidavits, Ordinances, and Special Magistrate: Processed 803 new Special Magistrate Resolutions into LaserFiche;giving the public web-based access Appeals, Building Cases, Code Cases, Fire Cases, Red Light to all these documents Camera Cases, and Short-Term Rental Cases. Processed the recording of 292 liens. • Boards and Committees: Conducted mandatory ethics training for board and committee members and liaisons.The instructors • Records Retention: Coordinated the records retention and included representatives from the Miami-Dade County Ethics destruction program for all City departments. Reviewed and Commission, the Office of the City Attorney, the Office of the monitored retention schedules, and identified documents Inspector General,and the Office of the City Clerk.The training eligible for destruction. Destroyed 2,049 cubic feet of records was videotaped and is available to all newly appointed board in FY 2021. Assisted the following City departments/divisions and committee members. with records destruction: City Clerk, Special Magistrate, Public Works, Procurement, Fire, Finance, Code Compliance, Central • Coordinated all board and committee appointments by the City Services, and Building. Commission, continued to maintain technology to make civic participation easier through the online application process, • Meeting Calendar:Maintained electronic calendar of all public monitored attendance of all members, and updated the Board meetings.Posted electronically and on 5 City Hall bulletin boards and Committee Handbook records of all meeting notices. • Maintained records for 39 boards and committees with Central Services 476 members. Processed 174 new board and committee • COVID-19: Remained fully operational throughout the COVID- applications and 140 appointments. Posted on the Office of the 19 pandemic, providing printing, mail, and courier service to City Clerk's webpage a searchable database of all boards and all City departments committees weekly. • Copier Equipment: Central Services Division operates high- • Created and posted on the Office of the City Clerk's webpage speed, high-volume photocopiers,and a digital color duplicator a database of the current board and committee openings to that reproduces professional results. These machines not only assist residents wishing to become involved in City government. copy but also collate and staple finished documents, achieving Produced the board and committee quarterly attendance reports cost-effective digital reproduction of printed materials. and the board and committee biannual reports. Generated the board and committee minority report. • Lobbyists: Registered 223 (for profit and non-for-profit) lobbyists with 299 issues. Generated lobbyist information for elected officials and the administration, collected annual registration fees and per-issue fees, and processed annual financial reports as mandated by the City Code. 2 OFFICE OF THE CITY CLERK SIGNIFICANT ACCOMPLISHMENTS CONT'D CRITICAL SUCCESS FACTORS • Printing Production: Central Services Division received 1,250 • Ensure cross-training of staff print jobs in FY 2021 and produced 2,700,000 impressions • Ensure departments respond promptly to public records requests (black and white/color),at an average of 225,000 impressions • Ensure all work order requests from departments have thorough per month. These jobs included: Commission meeting agenda and accurate information, as well as detailed instructions books,supplementals to the City Code,Commission Committees • Enhance external/internal communications from and within the meeting agendas, proposed and final capital budget books, Office of the City Clerk open enrollment books/insurance packages, zoning • Ensure expenditures trends are sustainable over the long term notifications, proclamations, posters, flyers, brochures, maps, business cards, courtesy notices, meeting notices (Board of FUTURE OUTLOOK Adjustments, Planning Board, etc.), permit cards,work permits, unsafe stickers, surveys, vehicle safety logs, storage receipts, The Office of the City Clerk will continue to pursue opportunities that inspection handouts, daily reports, information logs, Code will enhance the Department's ability to provide accurate and timely violation forms, retiree enrollment applications, door hangers, information to the City Commission, City Manager, all City residential parking permit application, residential parking departments, and the public. permit renewal, players/parents code of conduct, release of liability, rules and regulations, warning signs, off-duty applications, Police Department forms, meter parking forms, etc.