HomeMy WebLinkAboutR-02-0859J-02-712
7/25/02
RESOLUTION NO. 0 859
A RESOLUTION OF THE MIAMI CITY COMMISSION
DIRECTING THE TRUSTEE OF THE ELECTED
OFFICIALS' RETIREMENT TRUST TO RECALCULATE
THE PENSION BENEFITS FOR FORMER MAYOR JOE
CAROLLO SO AS TO EXCLUDE BACK PAY, BACK
BENEFITS AND SALARY ADVANCES AS W2 WAGES;
FURTHER DIRECTING THE TRUSTEE TO EXECUTE ALL
DOCUMENTS AND TO TAKE ALL ACTIONS NECESSARY
TO ACCOMPLISH SAID RECALCULATION AND TO
CHANGE THE PENSION BENEFITS CAROLLO IS TO
RECEIVE IN THE FUTURE.
WHEREAS, in 1999, the City of Miami paid former Mayor Joe
Carollo ("Carollo") the sum of $37,338.55 as back pay and back
benefits for the period of November 14, 1997 to March 11, 1998,
and also provided a salary advance of $2,650.00; and
WHEREAS, Carollo did not serve as Mayor during that period,
but was provided with the back pay and benefits as remuneration
for services as a de jure officer during the 1997 to 1998 time
period pursuant to a judicial determination that invalidated the
mayoral election of November 1997 and declared Carollo the
victor in that election; and
WHEREAS, the combined sum of $39,988.55 was included for
taxation purposes on Carollo's W2 form for 1999; and
CITY COMMISSION
MEETING OF
J U L 2 5 2002
Rt, -solution rto.
02- 859
WHEREAS, Carollo left office in 2001; and
WHEREAS, Carollo's annual pension, pursuant to the Elected
Officials' Retirement Trust, was calculated by adding the
$39,988.55 to his annual salary and benefits; and
WHEREAS, it has been determined that the sum of $39,988.55
was properly included for taxation purposes on Carollo's W2 form
in 1999; and
WHEREAS, the addition of the amount of $39,988.55 to the
annual salary and benefits of the Mayor would artificially
inflate the amount provided as a pension benefit to an elected
official; and
WHEREAS, it was never intended that beneficiaries of the
Elected Officials' Retirement Trust be permitted to include
other compensation of this nature to artificially inflate the
amount of the officials' pension; and
WHEREAS, the unintended and unacceptable consequence of
calculating Carollo's pension by including said sums is that he
will receive an annual pension that exceeds even his highest
salary as Mayor for the rest of his natural life; and
WHEREAS, a large portion of these payments are paid from
the City of Miami's General Fund pursuant to Section 40-299 of
the Code of the City of Miami, Florida, as amended, the Trust's
excess benefits provisions, and thus will ultimately result in
losses to the taxpayers of the City of Miami; and
Page 2 of 4 02— 859
WHEREAS, to correct the unintended and unacceptable
consequences of allowing the artificial inflation of pension
benefits by including back pay awards and salary advances, it is
necessary to recalculate Carollo's pension and correct the
pension payments to Carollo accordingly;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The Trustee of the Elected Officials'
Retirement Trust is directed to recalculate the pension benefits
for former Mayor Joe Carollo so as to exclude back pay, back
benefits and salary advances as W2 Wages.
Section 3. The Trustee is authorized to execute all
documents and to take all actions necessary to accomplish said
recalculation and to change the pension benefits Carollo is to
receive in the future.
Page 3 of 4 02- 859
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayorll
PASSED AND ADOPTED this 25th day of July , 2002.
ATTEST:
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c'.- 421- ae���
IPISCILLA A. THOMPSON
CITY CLERK
APPROVED,.A-970 FORM - RD CORRECTNESS:
Alp
A J VILARELLO
CITY] TTORNEY
W6467:SS:smg:BSS
1� If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the
City Commission.
Page 4 of 4
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