95-21725 Reso RESOLUTION NO. 95-21725
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, PROVIDING FOR
THE RATIFICATION OF THE ACKNOWLEDGEMENT,
WAIVER, AND RELEASE AGREEMENT BETWEEN THE CITY
OF MIAMI BEACH, FLORIDA AND FORMER CITY CLERK,
RICHARD BROWN.
WHEREAS, in accordance with Article IV, Section 4.02, of the Miami Beach City
Charter, and pursuant the requirements of Resolution No. 91-20287 that the City Manager
may negotiate the terms of written documents in which the City is a party or in which the
City is bound to the terms thereof; and
WHEREAS, the City Manager is hereby submitting to the City Commission the
attached Acknowledgement, Waiver, and Release Agreement between the City of Miami
Beach and former City Clerk, Richard Brown, for ratification pursuant to requirements of
the Miami Beach City Charter and Resolution No. 91-20287.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the attached
Acknowledgement, Waiver, and Release Agreement between the City of Miami Beach,
Florida, and former City Clerk, Richard Brown, is hereby ratified:
PASSED AND ADOPTED this 27th day of September , 1 95.
ayor
ATTEST:
FORM APPROVED
ity Clerk
gal D pt.
By
JGP:Ig Date
a:5.1 COMM-M EMO8i92
BRWN-RHL.AGR
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 72. -' S
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: September 27 , 1995
FROM: Jose Garcia-Pedrosa
City Manager
•
SUBJECT: ACKNOWLEDGEMENT, AIVER & RELEASE AGREEMENT BETWEEN CITY OF MIAMI
BEACH, FLORIDA AND ORMER CITY CLERK, RICHARD BROWN
ADMINISTRATION RECOMMENDATION:
Pursuant to Article IV, Section 4.02 of the Miami Beach City Charter, and in accordance with the
requirements of Resolution No. 91-20287, attached for your review is the Acknowledgement, Waiver and
Release Agreement between the City of Miami Beach and former City Clerk, Richard Brown, and a
Resolution for the ratification of the Acknowledgement, Waiver, and Release Agreement.
It is recommended that the City Commission pass and adopt the attached Resolution providing for the
ratification of the Acknowledgement, Waiver, and Release Agreement between the City of Miami Beach and
former City Clerk, Richard Brown.
JGP:Ig
Attachments
a:5.ICOMM-MEM 08'92
BRWN•REL.AGR
AGENDA ITEM C
DATE G-z1-9S
CITY OF MIAMI BEACH
ACKNOWLEDGEMENT, WAIVER AND RELEASE AGREEMENT
WHEREAS, Richard Brown has resigned from employment with the City of Miami Beach,
Florida (City), and the City, having agreed to accept such resignation, and in
consideration of the sum of $10.00 and other good and valuable consideration, the
receipt of which is hereby acknowledged, and in further consideration of the covenants
and obligations set forth herein, the parties agree as follows:
1) Mr. Brown will remain on paid administrative leave for a period of five (5) months,
commencing on July 29, 1995, and ending on December 31, 1995. During the
paid administrative leave, Mr. Brown will continue to receive his regular pay,
benefits and allowances, and Mr. Brown will be available to the City Administration
to answer questions on matters affecting the City Clerk's Office.
2) Effective as of December 31, 1995, Mr. Brown shall be dropped off the City payroll
consistent with applicable policies and procedures. Mr. Brown will be entitled to
all pension benefits vested as of December 31, 1995.
3) Upon separation from the City payroll, Mr. Brown will receive payment for any
annual and sick leave balances due him consistent with applicable laws and
current City policies.
4) Neither the City, its officials, officers, or agents, nor Mr. Brown will make negative,
written or oral comments, in private or in public, against one another. The City and
Mr. Brown will respond to all interested parties that Mr. Brown's employment with
the City of Miami Beach ended upon his voluntary resignation. Further, the City
will provide a positive, professional review should any prospective employers
request a review of Mr. Brown. continued...
y EMP.
ACKNOWLEDGEMENT, WAIVER & RELEASE AGREEMENT Page 2 of 3 Pages
5) Mr. Brown is authorized to attend, at the City's expense, Career Continuation, a
three-day workshop scheduled from August 1-3, 1995, conducted by Drake, Beam,
and Morin, offered in Coral Gables, Florida.
6) Mr. Brown will be paid a lump sum of five thousand seven hundred ninety-three
dollars and forty cents ($5,793.40) on August 11, 1995, for career transition
services, which will be purchased by Mr. Brown as he deems necessary.
7) That each party hereto does hereby acknowledge, release, acquit, satisfy and
forever discharge the other party, their respective officials, officers, and agents
from all manner of action and actions, cause and causes of action, suits, debts,
sums of money, wages, accounts, commissions, bonuses, reckonings, benefits,
bonds, bills, specialties, covenants, controversies, agreements, promises,
variances, trespasses, damages, judgements, executions, unfair labor practice
charges, grievances, claims, including but not limited to claims for pay and/or
benefits, claims for employment discrimination, and demands whatsoever, in law
or in equity which either party hereto may have had or now has against the other
party, except as to this Agreement on any matter, right or obligation contained
herein, and further except as to any claims, causes of action, or other action which
may be brought by Mr. Brown with respect to any rights, benefits, or privileges
arising our of any loss or damages suffered as a result of the 1992 amendments
to City of Miami Beach Ordinance No. 88-2603, providing for the creation and
maintenance of the Retirement System for the Unclassified Employees and Elected
Officials of the City of Miami Beach.
8) All of the terms, conditions, benefits, and privileges accorded in this Agreement
shall continue without any diminution regardless of Mr. Brown's future employment
after July 28, 1995.
/ continued...
/
CITY EMP.
ACKNOWLEDGEMENT, WAIVER & RELEASE AGREEMENT Page 3 of 3 Pages
Mr. Brown has received and reviewed this Agreement prior to executing it; he has fully
discussed it with his attorney; and, he is voluntarily signing and agreeing to be legally
bound by it.
THIS AGREEMENT is dated this ? day of �^" , 1995, in Miami
Beach, Dade County, Florida.
CITY OF MIAMI BEACH
Richard Brown Jose Garcia-Pedrosa
City Manager
Date: (2 � �j Date: /277
DRM:Ig
b:5.I DRM-WORK7/95
BRWN-LV.WVR
SIDE AGREEMENT BETWEEN
CITY OF MIAMI BEACH AND
RICHARD BROWN
In the event that Mr. Richard Brown should accept re-employment with the City of
Miami Beach between July 29, 1995, and December 31, 1995, then all pay and benefits
as outlined in the attached City of Miami Beach Acknowledgement, Waiver and Release
Agreement dated July 28, 1995, shall cease immediately upon Mr. Brown accepting any
re-employment offer.
THIS AGREEMENT is dated this day of July, 1995, in Miami Beach,
Dade County, Florida.
CITY OF MIAMI BEAC
Richard Brown Dean R. Mielke
Assistant City Manager/
Labor Relations
Date: qZgi Date: .0 4/Cj5--
DRM:Ig
b.5.1DRM-WORK7/95
RRO WV-RE.EMP