HomeMy WebLinkAboutM-98-0097CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mr, Chairperson & DATE: January 21, 1998 FILE
Member o rty Commission
° SUBJECT:
FROM: Wlfre (Willy) Gort REFERENCES:
Commissioner
ENCLOSURES:
At the November 25, 1997, Commission Meeting, I was asked to gather information and
present it to the City Commission for the January 27, 1998, Commission Meeting, to
facilitate the Commission's evaluation of the incumbent City Attorney, A. Quinn Jones.
Attached is my report.
Thank you.
WG/kk
DATA/ATTY-R-M
c.c.: Jose Garcia -Pedrosa, City Manager
A. Quinn Jones, City Attorney
Walter Foeman, City Clerk
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98- 97
At the Commission's November 25, 1997 meeting, I was asked to
gather information and present it to the City Commission, to
facilitate the Commission's evaluation of the incumbent City
Attorney, A. Quinn Jones. The evaluation will determine whether or
not to renew Mr. Jones' contract as the City Attorney. The
Objective I set for my effort is:
To interview appropriate persons and, based on.
such interviews: to evaluate the quality of
the legal representation that has been
afforded to the City Commission and Mayor by
the incumbent City Attorney; and to make
recommendations.
Procedures Followed
In determining who were the appropriate persons to interview,
I approached the Objective using a model of a Law Firm that
counsels a corporate client. The client is the Board of Directors
(the Commission) of the corporation. The Board is accountable to
the shareholders (the citizens of the City of Miami). The business
of the corporate client is accomplished by its President (the
Mayor) and its Chief Operating Officer and lesser officers and
division heads (the City Manager and Department Heads). The Law
Firm renders legal services both to the Board of Directors and to
the corporate officers. The City's Law Firm has organized itself
not unlike may firms in the private sector. It has a number of
associate attorneys; a two tier form of "partner" attorneys, having
different areas of responsibility and authority; and the senior
partner, the City Attorney.
Following this model, Mayor Suarez and the entire Commission,
except Commissioner Plummer, were interviewed by my delegates. The
City Manager, the City Clerk and the heads of the seven (7) City
Departments that most frequently use the services of the Law
Department were interviewed by my delegates. City Attorney Jones,
the two (2) Assistant Deputy City Attorneys and the Chief of
Litigation in the Law Department were interviewed. County Attorney
Robert Ginsberg and Deputy County Attorney Murray Greenberg were
interviewed by my delegates. The interviews with City
Administration, the City Attorneys and the County Attorneys were
all prefaced that the evaluation was to be based on objective
standards of performance and results. All persons interviewed were
told that their comments would not be attributed, either publicly
or privately, to the speaker.
At the outset of this evaluation, I was informed that the
Oversight Board had formed what it called a Legal Affairs
Management Committee. This Oversight Board Committee is reported
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to have considered issues that differ from the evaluation requested
by the City Commission in November, but that are related and
relevant. Annex "A" contains the Oversight Board Committee's
published Mission Statement and Objectives. The final Report of
this Oversight Board Committee, which is said to include the
results of a statewide Salary Survey, is due to be published in
late January 1997.
Results
Commissioners' Observations
The City Commissioners' pervasively consistent concerns about
their Law Department's performance are in two (2) areas:
First, the frequency with which the City settles and pays out
on claims and suits brought against the City and its resultant
self -perpetuation of suits against the City and our payouts; and
Second, the inadequately explained frequency and cost of the
City's use of outside counsel to represent the City. The City
Attorney states that use of outside counsel is limited and is
warranted. He has been requested by the Mayor and promised to
provide to me a synopsis of outside counsel used, areas in which
they consulted and costs to the City. Annex "B" is the City
Attorney's response. It lacks cost information.
More than one Commissioner notes that the City Attorney lacks
administrative skills, and is too "hands off" and "lacks strength
in guiding the Commission". More than one Commissioner voices a
concern that the City Attorney acquiesces to "opinion shopping",
whereby it is perceived that the City's Law Department will issue
legal opinions that justify a particular result desired by an
individual Commissioner on a given matter or project. One
Commissioner noted that the morale in the Law Department is very
low. One Commissioner stated that the Law Department lacks
efficiency, evidenced by the excessive time required to receive a
contract from the Law Department. One Commissioner stated his
opinion that Mr. Jones is more than adequate to be the City
Attorney and is responsible for certain legal opinions that "border
on brilliant". Of the others in this group who were interviewed,
no one voiced wholesale satisfaction with Mr. Jones' performance.
One Commissioner stated his belief that Mr. Jones is not competent
to be the City Attorney.
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Administration Observations
City Attorney Does Not Timely Deliver Needed Legal Product.
There are certain recurrent themes voiced by the members of the
Administration who were interviewed. The un-timeless of receipt of
needed legal products, whether a Contract or the availability of a
competent attorney to assist in working through an issue facing the
City, is a pervasive Administration criticism of the City's Law
Department. The area of contract preparation and review impacts on
the 8 Departments interviewed. Complaint about Law Department
timeliness in this area is universal within the Administration.
The Department heads suggested development of form contracts for
routine matters and adding a contracts attorney as warranted
improvements is a critical area. It must be noted that some
Administration representatives told us that they had asked the City
Attorney to address and improve the timeliness of contract turn-
around over the years, but that they had received no adequate
response to their requests from the City Attorney. To my view,
this is a double deficiency by the City Attorney.
City Attorney Is Not Proactive. Most Department heads express
a desire that the City Attorney's lawyers would be more proactive
on behalf of the City. One head stated his belief that the lawyer
should be his "partner", offering approaches, solutions, arguments
and advocacy to give shape to the business decision made by the
Administration on a City matter. Another head articulated this
criticism as his need that his lawyer go beyond making a review
that is limited to appropriateness of form and to correctness.
Several Department heads stated that the City Attorney has been
repeatedly asked to provide standard forms of routine contracts for
their respective Department's use. None have been provided. More
than one Department head asked why the City Attorney did not
initiate in-house training sessions for City Staff on recurring
issues which would increase efficiency and possibly reduce claim
exposure against the City. An example of such training mentioned
is the legal requisites of contract execution.
City Attorney Does Not Control The Delivery Of Legal Work.
Every Department head interviewed named one or more individual
Assistant City Attorneys with whom the Department has an excellent
working relationship. No Department head stated that he or she
worked directly with the City Attorney. One Department Head stated
that lines of communication between the Departments in the
Administration and the City Attorney on everyday matters do not
exist. One Department head describes this by saying that the Law
Department is not "user friendly". Another stated this issue that
the Administration is unclear whether the City Attorney believes he
has a responsibility to represent the Administration. Many
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Department heads generally complain that they are uninformed how a
Department matter is assigned to the Assistant City Attorney who
will perform the necessary legal work. One Department head stated
that what was needed was for one or more identified Assistant City
Attorneys to be assigned to each City Department. Another
Department head said that a disclosed procedure to assign and track
legal matters being handled, along with reporting on Work in
Progress and its status to Department Heads, would be extremely
beneficial. More than one Department Head stated a belief that the
morale in the Law Department was at its lowest point in years.
City Attorney Authorizes Settlement Too Readily. Four (4)
Department Heads voiced opinions that the City's Law Department is
insufficiently aggressive in defending suits and claims brought
against the City. One head stated that suits were too often
settled, and queried why the City lawyers never counseled that the
City file a suit, as plaintiff. Another head offered that his
contacts in the legal community outside the City state that the Law
Department has a low reputation which engenders law suits and
claims against the City of Miami.
Overall "Ratings". I asked the representatives of
Administration to evaluate the attorney/client relationship between
the Law Department under City Attorney Jones and the respective
Department as "Excellent", "Satisfactory" or "Unsatisfactory". Of
the City Clerk and seven (7) Department heads interviewed, seven
(7) evaluated the relationship as "Satisfactory" and one (1) as
"Satisfactory to Excellent". One department head stated
categorically that the head "had no faith" in the legal opinions
that have come out of the City Attorney's office.
City Law Department Observations.
I also considered it relevant to interview certain senior
Assistant City Attorneys. The subjective motivation underlying
each of these attorneys' responses to me cannot be ignored by the
Commission. Nonetheless, there are two (2) recurrent themes that
were voiced in these interviews: First, that morale in the Law
Department is extremely low. The reasons stated for this are: lack
of salary raises, which I believe is beyond the control of the City
Attorney; and lack of merit recognition and reward for deserving
attorneys, which I believe is within Mr. Jones' ken. Second, these
junior and senior "partners" within the City's Law Firm perceive
that the City Attorney's Office has been allowed to become
excessively subject to political pressures and influences over the
years. This is described to manifest itself in hiring, in work
distribution and in an assault on the integrity of the Law
Department's legal advice to the Commission over time.
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I also considered it relevant to speak with several Assistant
City Attorneys. Some commented that a more formal program of
periodic performance review and attorney evaluation would be
beneficial within the Law Department. One attorney stated that the
Law Department needs both technology and support staff to allow Law
Department attorneys to develop the expertise that is required by
the City. One attorney suggested that increased authority within
the Deputy and Chief structure of the Law Department was justified.
Recommendations
1. The Alternative to Renew Mr. Jones' Contract.
The City Commission can either renew or determine not to renew
City Attorney Jones' contract. If it renews his contract as City
Attorney, then I recommend that Mr. Jones be directed to develop
the policies noted as follows and to implement the same without
exception. It is my strong belief that the Policies that I am
recommending are overdue and are fundamental to what it takes to
operate a good Law Firm or division of a corporation. In my
opinion, the apparent non-existence of these policies speaks loudly
of the lack of Mr. Jones' administrative skills. This lack has
been reported by Commissioners and the Administration.
Policy development by the City Attorney should be made based
on consultation to, among others, the Office of the County Attorney
of Miami -Dade County, the Legal Affairs Management Committee of the
Oversight Board, the Local Government Law Section of the American
Bar Association and other experienced, competent and well -respected
sources that would be selected by the City Attorney. Mr. Jones
would be held accountable that all policies must be developed by
not later than June 1, 1998. Implementation of the policies should
begin upon their completion. Evaluation of the implementation of
the policies by Mr. Jones will become a part of the annual
performance evaluation of the Law Department that is described
below.
The policies that should be developed and followed in the Law
Department of the City of Miami are:
1. Assignment of Attorney to Render Services.
a) This should address either assigning specific
attorneys directly to represent the various City Administration
Departments or a procedure whereby a Department head requesting
legal assistance is given the name and telephone number of the
attorney who has been assigned to render the assistance, within 1
business day of the Department's request. The policy should
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adequately address work requests that require a shorter assignment
turn -around.
b) Each time a request for legal services is assigned to
a specific attorney, a back-up to the assigned attorney should be
designated. The back up could be a peer attorney or the Chief of
the area in which the assigned attorney works. Each Law Department
Deputy and Chief must know that he/she has authority which is
coupled with the responsibility of the title. There must be
frequent Staff meetings in the Law Department because communication
can generate both efficiency and good morale.
c) Periodic review of attorney work loads and necessary
redistribution of work should occur. The periodicity of this
review should be set by the City Attorney, but it should be not
less frequent than bi-monthly. The Miami -Dade County Attorneys
Office has an administrative Co-ordinator, whose principal job
function is the allocation of work among attorneys to achieve fair
distribution and timely delivery of legal product. The heads of
City Departments for which each attorney renders legal services
should be appropriately included in the review of the attorneys'
work loads.
d) A manner of reporting on Work in Progress, reported
out by Department or Commission, as appropriate, must be developed.
The report should be distributed to the Department heads to enable
them to know the status of their work. This should lead to a
relationship of cross -accountability between the various
Departments and the Law Department.
e) Contract preparation and review must be assigned so
that, with the exception of Requests for Proposals and Major Use
Special Permits, a complete contract is returned to the Department
requiring it, in draft form, within five (5) working days of the
date of the Department request for the contract.
2. Consistent Policies and Procedures for Hiring and Career
Advancement.
a) The City Attorney should evaluate and adopt a
procedure that will reduce political influence in the hiring and
promotion of Assistant City Attorneys. The Miami -Dade County
Attorneys Office has a Hiring Committee and follows a practice that
is well-known within County Government that the County Attorney
does not dictate a hire over the Committee's objections and does
exercise a veto.
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b) Objective standards, that are published to both the
attorneys and to the Department heads, for Assistant City Attorney
performance should be developed and implemented. Subjective
elements of an evaluation should be maintained at a minimum. Every
attorney should be evaluated at least annually. Client input
should be solicited and included in this review.
c) Salaries should be a function exclusively of the
results of the performance review. A method and source of merit
bonuses should be implemented.
d) The City Attorney must be able to attract and retain
the best available municipal attorneys.
e) The Client (see page 1 of this memo) should be
requested objectively to evaluate the Law Department's performance
on a regular basis. I suggest annual review.
3. Development of a Policy of Appropriate Anti -Settlement
Bias
a) The decision to settle a law suit or a claim against
the City now is made upon review by the "Tort Committee", which
does not actually meet. Instead, the committee members receive a
cash review and trial outcome forecost that is City Attorney -
prepared and that each Tort Committee member reads. This amounts
to review in a vacuum. I believe that brainstorming among various
disciplines' of the committee, augmented by representatives of the
City department involved, the City Manager's office, the Mayor's
office would be very beneficial.
b) Mayor Suarez' December 30, 1997 proposal to
reintegrate the City's Risk Management Area into the Law
Department, if approved by the City Commission, would affect this
Policy.
c) In a proactive way, the City Attorney must communicate
to the Administration that, regardless of the quality of the
attorney and despite a policy of anti -settlement, settlements are
warranted if the attorney must deal with bad facts, bad procedures,
bad performance, and bad records. The City Attorney should conduct
training seminars for City Staff and the City Commission
systematically to introduce this appropriate anti -settlement bias.
d) All City Commissioners must heed advice of the City
Attorney when to cease "on record" commentary.
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4. The City Attorney Should Inculcate the Ethic that "Public
Lawyers are Officers of the Public"
This is seminal.
2. The Alternative to Replace Mr. Jones.
The City Commission may determine not to renew Mr. Jones'
contract as the City Attorney. If this is the Commission's
determination, then I recommend it concurrently resolve to conduct
a Search for a new City Attorney.
The parameters of the search for a new City Attorney should
not be limited to, nor should they exclude, promotion from within
the ranks of attorneys who are presently employed in the Law
Department. I believe it is important for the City that our senior
Administrative officials including the person who is the City
Attorney, reflect the diversity of the citizens and taxpayers of
the City. This leads to a broader search, rather than a narrower
one. A strong reputation for skill and integrity, well developed
administrative skills and experience in municipal law are all job
prerequisites to be Miami's City Attorney.
Because of the importance of this process to hire a City
Attorney, I recommend that the Commission designate an interim City
Attorney until the final candidate for the City Attorney is
appointed. An interim City Attorney will result that there is no
gap in our legal representation, while permitting the City to
conduct a search that, of necessity, must have a reasonable time
frame.
The interim City Attorney could be either an existing
Assistant City Attorney or, possibly a private, local law firm that
specializes in providing municipal law services to municipalities.
If the Commission were to determine to hire a private specialized
law firm to serve as interim City Attorney, such law firm should be
requested to make recommendations as to improved procedures and
operations, and to any existing inadequacies in areas in which the
Law Department provides substantive legal representation to the
City.
C:\Gen\Gort5.mem
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_ CITY OF MIAMI
Financial Emergency oversight. Board
Legal Affairs Management Co=Littee
MI SSI019 :
T:� conduct a local government practitioner's review of the
cr)erations of the City of Miami Attorney's office in order
t.:j provide a report to the city of Miami Financial Emergency
G,ersight Board.
OBJEC'l:CVES
1. Tc: determine general compliance by the City of Miami
At:torney's office with applicable federal and state
statutes, the City Charter, the City Code of Ordinances, and
ttie Code of Professional Responsibility (including the Code
of Ethics for Public officers and Emplo;►ees);
2. T.:. determine general compliance by the City of Miami
Attorney's Office with applicable city-wide and internal
o:Efice policies and procedures;
3. To determine the general level of effectiveness and
ei! f iciency of the city of Miami Attorneys office, including
ability to interact and cooperate effectively with other
brunches of city government;
4. To identify and suggest any possible arras for improvements
tv the operations of the city of Miami. Attorney's Office;
an, i
S. To identify any restrictions on the operations of the City
of Miami Attorney's Office, either in city policy, procedure
or code, that differ materially from most other local
government law offices in Florida, or that materially impede
thc:. effective representation of the City of Miami by the
City of Miami Attorney's Office.
Annex "A"
97
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Joseph I. Fleming, EA.
612-620 Ingraham Binding
59 25 S.E. Second Avenue
Miarri, Florida 33131
(305) 373-0791
City of M. m' ui, Florida
City Attorneys Of'Cct - Outside Counsel
Case Nsme/Ma—ftL
Ker odh Treister
Manuel Alonss-Poch. FA- 13ockage1Meni11 Stevens Property
2100 Ponce de Leon Bouievard, Suite 1170
Coral Gables, Florida 33134
Z (305) 449-4053
cn Title Policies
Yeraten Wolfe & Rennet
Howard I Vogel, Esq.
100 Southeast Second Street, Suite 3500
Miami, Florida 33131 2130
(305) 577AI77
Armando Duct* Esq,
2923 Coral Way, Suitt 307
M"uati, Florida 33145
(305)442-1942
Code Enforoenwnt Board
Denial of zov ing change
Claim for neoessaty dockage
services
Isn"we, of title policies for
properties in the CotronuaitY
Rcdevelopnww area (Southeast
Ovesto-aWPark We%t)
Repres=Wion of the Code
Enforcement Board
Title Policies Issuance of Title Pobc ift for
properties in the CarmrronitY
RedtvdoPNww area (Southeast
Ovenown/Park West)
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Cmti'ey Dias & O'Naoten
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Kendall Coffey, Esq.
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Manny Diar- Esq.
2665 South Bayshore Drive, Suite 204
Title Policies
issuance of title policies for
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Miwnt Florida 33133
izedetndopnwit area (Southeast
(305) 285-0600
overtowwPark West)
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Interpretation of non -compete
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Laura Besi-iniek Esq.
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2 South Biscayne Boulevard
Florida Panthers
Rejection of lease amerwhac t
N§ami, Florida 33131
Rainbow Lighting
Cl>,lknge to Fwe-lttscue
(305)375-8A00
Assessment
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Earl Wasik Kaveuasng6 Stott
Maritime Park
Environetnental Contract matters
regarding FEC I3ieerttetrr<sial
1800 Second Street
PiOgetlY and Maritime Park
Sarasou. Florida 34235
ftoject
(305) 358-3000
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Refusal to obtain outside
coin to represent Police
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Henry Latimer, Esq
Chief
First Fort Lau kt&le Place
I00 N.E. Third Avenue
Fort I.auderdak, Florida 33101
(954) 523-0400
R*bert S. Glazier, Ejq.
7arafa Construction
Cotetracr DisputelAppeal
The Gifford House
2937 S.W. 27" AveGUe
Miami, Florida 33133
(305) 444-8720
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Kenri L. Bush, Esq.
1221 Bikkell Avemie
Miami, Florida 33131
(305) 579-0500
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SLaurie A Thompson, Esq.
701 Brickell Avenue, Suite 30M
1 fW* Florida 33131
IA!bowitz & Associates
Matthew Leibowitz, Esq.
One S. E_ Third Avenut, Suite 1450
`J Miami, Florida 33131
(305) 530-1322
McCrary it Mosley
Jessie J McCrary. Jr.. Esq
2800 Biscayne Boulevard. Fkxx
Mime, Florida 33137
(305)576-1505
MOWSe & Idea
Gary M. Held, Esq
2100 Ponce de Lean Boulevard
Suite 600
; wrti, Florida 33114
m (305) 445.1500
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Petroleum Prodwis EPL Claim
Title Policies
Cable Television
St_ M40 Oaks Coodoarinium
Kemeth Treister
Liability of City for
emiroanamal demo -up
Issuance of title policies for
properties in the Coammunity
RPAP v.1 merit area (Southeast
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Cable Television Lease
Renewal
Preparation of Condominium
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C4 Peter J. Huften, Esq.
5300 First Union Fieancial Center
200 South Bispyne Bouevard
Miami, Florida 33131
(305) 579-0300
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1350 Madruga A%vwe, Suite 120
j` Coral Gabes, Florida 33146
(305) 661-46M
Bruce S. Rogow, Esq.
2441 S. W 28" Avenue
Fat Lauderdale, Florida 33312
(954) 767-8909
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Douglas Brooker. Esq.
-: 66 W Flagler Street
)t'fian* Florida 33130
(305)374-5623
Tew Cardenas Rebak
Thomas Tew, Esq.
M-racni Comer, Suite 2600
201 S. Biscayne Boulevard
bfiarm, Florida 33131
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Perry Anderson
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Cynthia Jordan
Ueloitte do Touche
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Issuance of title pokies far
properties in the Comomi ty
RederdopQaW area (Soudmast
Overtown/Park Vilest)
Appeal before U.S. Court of
Appeals for the 11* Circuit
Representation of City Atty.
City Clerk, & Asst. City Clerk -
Enthlement to t igher Pension
Calculation
Representation of the Nwisaace
Abatement Board
Eviction
Malpractice Recovery
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Firm Name
Case tter
Mw *A. Valentine, Esq.
4770 Bmayne DoWevard
Civil Service Board
Representation of Civil Service 1
Suite 1150
Dowd
Mi:nri, Florida 33137
(305) 576,1011
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Conswity DevelopmentlNasom el
Dismissal from employmam
Rich ad Jay Wass, Esq.
Issues
2665 South Bays1wre Drive
Suave204
:1liann,Trlorida 33133
Geraldo Lopez Aiorales
�lolation of First Anteadment
(305).854-O900
Rights
New Times NMSPwpa
Public Records Request
Alberto Alberto
FLSA overtime payment
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Sunshine Law Violation
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FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
The Honorable Mayor, Chairman and DATE: January 26, 1998
Members of the Commission.
SUBJECT:
Wifredo (Willy) Gort
Commissioner
REFERENCES: Written Response Due
ENCLOSURES: No Later Than 2/16/98
FILE
I have recieved (January 26, 1998) a copy of the Report of the Legal Affairs
Management Committee to the City of Miami Financial Emergency Oversight Board. I
asked the City Manager's office to make copies so that I can distribute it to each of your
respective offices.
Thank you
WG/cm
DATA\BOOKLETS.DOC
cc: Mr. Jose Garcia -Pedrosa, City Manager
Mr. Walter Foeman, City Clerk
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of the
LEGAL AFFAIRS MANAGEMENT COMMITTEE
to the
City of Miami
FINANCIAL EMERGENCY OVERSIGHT BOARD
January 23, 1998
Miami, Florida
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Introduction
In 1997, the City of Miami Financial Emergency Oversight
Board requested that the City, County and Local Government Law
Section of The Florida Bar conduct a peer review of the
operations of the City of Miami Attorney's Office. With the
consent of the City Attorney, the Section convened a four -member
Legal Affairs Management Committee, comprised of volunteer
lawyers with substantial experience in local government law and
litigation. The Committee agreed to undertake a "local
government practitioner's review" of the City Attorney's Office,
with a view toward providing a report designed to help enhance
the effective delivery of legal services by the City Attorney's
Office during a period of financial challenge for the City of
Miami.
The report that follows details the Committee's design of
the review, the process by which the review was conducted,
factual findings of the Committee, and recommendations.
This report reflects many hours of effort by the Committee's
volunteer members, both in public meetings and on an individual
basis. By necessity the report only summarizes voluminous
documentation and very substantial verbal information sought out
and considered by the Committee. Even so, the Committee
recognizes that certain additional review of a few specific
features of the City Attorney's Office may prove profitable, and
this report points out features that may merit further review by
professional consultants, whether paid or volunteer.
The Committee wishes to thank the Oversight Board for this
opportunity to contribute to the public and to fellow
professionals. Special appreciation is extended to Oversight
Board member Robert Beatty, who has provided guidance and support
throughout the Committee's work. The Committee also conveys its
thanks to Oversight Board Executive Director Charles A. Wolfe and
his assistant Maria Sequiera for logistical and other support.
In particular, the Committee wishes to express its deep
appreciation to the members of the City Attorney's Office for
their generous cooperation, their honesty and their commitment to
service to the City of Miami.
PART I
THE COMMITTEE AND THE REVIEW PROCESS
I. Members of the Committee
Members of the Committee were selected to represent a
variety of backgrounds in local government law experience.
Joni Armstrong Coffey has served since 1982 as an Assistant
County Attorney in the Dade County Attorney's Office, an
office of 67 lawyers representing a large local government
that relies primarily on its in-house counsel for legal
services. She is immediate past chair of the City, County
and Local Government Law Section of The Florida Bar.
Elizabeth Hernandez is City Attorney for Coral Gables, a
midsize city that relies exclusively on Ms. Hernandez and
retains outside counsel for specialized legal services.
Before becoming City Attorney, Ms. Hernandez was a partner
in a large statewide law firm representing local governments
as outside counsel. Jesse J. McCrary, Jr., is a
distinguished private practitioner with long experience in
the practice of state and local government law, having
served as State of Florida Secretary of State. Mr. McCrary
has represented both local governments defending against
claims and also private clients. suing local governments.
Mr. McCrary also has a considerable depth of experience in
dealing with issues specific to the City of Miami. Marion
Radson is City Attorney for Gainesville, Florida, a midsize
city with a law office of seven lawyers. Gainesville relies
extensively on its City Attorney's Office for legal
services, but also retains outside counsel for a number of
specialized areas of practice. Mr. Radson is current chair
of the City, County and Local Government Law Section of The
Florida Bar.
The curriculum vitae of each Committee member is
included in Exhibit A.
II. Overview of the Committee's Work
At its initial meeting, the Committee established its
mission and objectives to accomplish that mission, a
statement of which is attached as Exhibit B. The Committee
also determined to conduct all its meetings consistent with
the requirements of Government in the Sunshine laws.
A brief summary of the Committee's undertaking shows
that the Committee (1) researched and developed a model for
a local government law office peer review; (2) conducted
over two dozen publicly noticed meetings and prepared
minutes of those meetings; (3) reviewed the 1996 Stierheim
report on the City of Miami's fiscal challenge, the
Intergovernmental Cooperation Agreement between the City and
the Governor, and other documents supplied by the Oversight
Board; (4) conducted dozens of personal interviews with the
present and former City Attorneys, other current and former
members of the City Attorney s Office, members of the
judiciary, present and former City Managers, City department
heads and staff, and members of the legal community who deal
regularly with the City Attorney's Office; (5) requested,
reviewed and analyzed voluminous documentary information
supplied by the City Attorney's Office regarding the
operation of the City Attorney's Office; (6) developed a
staff questionnaire and reviewed the anonymous responses
from the members of the City Attorney's Office; (7) reviewed
preliminary findings and recommendations with the City
Attorney and obtained his responses and comments; and (8)
drafted this final report on findings and recommendations
for submission to the Oversight Board.
The following section describes in greater detail the
process by which these activities were undertaken.
III. Design of the Review Process
After extensive research and inquiry, the Committee
recognized that no model existed for conducting a peer
review of a local government law office. To design its own
review process, the Committee turned to state and local
government audit departments, state and local government
regulatory agencies examining private enterprises, private
companies having undergone efficiency/effectiveness reviews,
including the BellSouth Telecommunications, Inc., Law
Department, and national local government organizations such
as the National Association of Local Government Auditors.
Gleaning information from these resources, the Committee
developed the following review process:
1. development and submission of a detailed
Written Request for Information to the City
Attorney's Office for documentation
addressing the personnel structure and
compensation of the Office, case and other
legal assignment and management processes,
cost tracking processes, office management
procedures, use of outside counsel, nature of
information management and physical plant
resources, and other matters (see Exhibit C);
2. preparation and distribution of a Staff
Questionnaire to each member of the Office,
both attorneys and support staff, to be
answered anonymously for the purpose of
identifying sensitive issues of significance
to the Office (see Exhibit D);
3. review and analysis of the information
obtained through the Written Request for
Information and the Staff Questionnaire to
develop a format for one-on-one interviews
with as many members of the City Attorney's
Office as possible (see Exhibit E), and, with
the cooperation of the City Attorney, the
conduct of those interviews;
4. identification and personal interview of
other appropriate individuals, including
members of the judiciary, former members of
the Office, other lawyers in the community
familiar with the Office, and present and
former City Attorneys, City Managers, City
department heads and City staff; and
5. drafting of the report, discussion with the
City Attorney for response, completion of the
report and submission of the final report to
the Oversight Board.
IV. Conduct of the Review Process
It is important to state that the Committee's review was
conducted with the cooperation of the City Attorney, A. Quinn
Jones, III. Mr. Jones, his deputies and his entire staff were
both cordial and helpful throughout the review. Mr. Jones and
his deputies attended several Committee meetings personally.
Development and approval of all phases of the review were
accomplished in public meetings of the Committee, based on
proposals prepared individually by Committee members or by
persons who assisted the Committee. Of particular help in
development of the Written Request for Information was E. Earl
Edenfield, Jr., a litigation attorney with BellSouth's Law
Department. Mr. Edenfield had participated extensively in a
recent effectiveness/efficiency review of BellSouth's Law
Department and was able to provide many useful suggestions for
the Written Request.
The Written Request for Information and the Staff
Questionnaire were developed and distributed by late May 1997.
The City Attorney's Office responded to the Written Request for
Information by early summer, providing a very substantial amount
of documentary information (nine volumes consisting of 22
exhibits). Responses to the Staff Questionnaire were also
provided to the Committee by early summer. Upon receipt, review
and analysis of these items, the Committee developed a format for
personal interviews of members of the City Attorney's Office.
Over thirty personal interviews of Office employees were
scheduled and conducted throughout July and August 1997, in a
location arranged outside the City Attorney's Offices. Each
interview generally took at least one hour and often more. All
members of the Committee participated in one-on-one interviews.
Notes that were taken were written without reference to any
speaker's name, to insure freedom of thought and comment.
Throughout the foregoing process and continuing after it,
members of the Committee also personally interviewed the present
and four former City Attorneys, former members of the Office,
members of the judiciary, other members of City staff and present
and former City Managers and department heads.
4
Because compensation and employment benefits surfaced as a
very significant issue for many members of the City Attorney's
Office, the Committee determined in the late fall of 1997 to
commence a salary survey of public law offices engaged in similar
law practice in roughly comparable cities and counties in
Florida. After the Committee identified a potential group of
similar law offices, the Committee prepared and distributed a
request for information on salaries, then summarized the
responses for use in preparation of the report.
During this time, the Committee also prepared a format for
interviewing selected outside counsel, and then interviewed those
attorneys. The Committee then analyzed and summarized the
results of those interviews as well as documentary information on
outside counsel.
Committee members then began -to synthesize the considerable
body of information that had been obtained. The Committee also
began to identify specific areas where more detailed study would
be appropriate and helpful. Generally, those areas of potential
further inquiry involve a file -by -file review of litigation cases
and legal assignments in the City Attorney's Office, and a
City-wide review of the entire risk management function. The
Committee determined that those two categories of detailed review
were beyond the resources of the volunteer members of the
Committee, and, in the Committee's view, would be best handled by
a professional consultant.
After discussing what tentatively would be included in the
final report, the Committee discussed its proposed findings and
recommendations with the City Attorney. This final report is
submitted after consideration of the comments of the City
Attorney.
PART II
DESCRIPTION OF THE CITY ATTORNEY'S OFFICE
I. City of Miami Charter
The City of Miami Charter contains a number of provisions
pertaining directly to the City of Miami Attorneys Office,
copies of which are attached as Exhibit F.
Section 18 of Charter establishes the Department of law.
Section 21 establishes the responsibilities of the City Attorney,
provides for election of the City Attorney by the City
Commission, and provides as follows:
Sec. 21. Department of law.
The city attorney shall be the director of
the department of law and an attorney -at -law
admitted to the practice in the State of Florida.
He shall be the legal advisor of and attorney and
counsel for the city, and for all officers and
departments thereof in matters relating to their
official duties. He shall prosecute and defend
all suits for and in behalf of the city, and shall
prepare all contracts, bonds and instruments in
writing in which the city is concerned and shall
endorse on each his approval of the form and
correctness thereof.
The city attorney shall be the prosecuting
attorney of the municipal court. He shall have
such number of assistants as the commission by
ordinance may authorize. He shall prosecute all
cases brought before such court and perform the
same duties, so far as they are applicable
thereto, as are required of the prosecuting
attorney of the county.
When required to do so by the resolution of
the commission, the city attorney shall prosecute
or defend for and on behalf of the city all
complaints, suits and controversies in which the
city is a party, and such other suits, matters and
controversies in which the city is a party, and
6
such other suits, matters and controversies as he
shall, by resolution or ordinance, be directed to
prosecute or defend.
The commission, the city manager, the
director of any department, or any officer or
board not included within a department, may
require the opinion of the city attorney upon any
question of law involving their respective powers
and duties.
The city attorney shall be a full-time
governmental employee; shall not engage in the
private practice of law; and upon his election by
the city commission shall serve until the time for
election of the city officials specified in
section 4(c) of the charter which follows the next
general municipal election.
Section 20 of the Charter expressly exempts the City
Attorney from the Charter provision granting authority to the
City Manager over all city departments and department heads.
Pursuant to Section 41(d) of the charter, the City
Commission sets the compensation of the City Attorney.
II. Code of Ordinances of the City of Miami
The Code of Ordinances of the City of Miami also contains a
number of provisions pertaining directly to the City Attorney's
Office, copies of which are attached as Exhibit G. Section 2-111
is one such provision. It expressly places all Assistant City
Attorneys, as well as -outside counsel, under the exclusive and
direct supervision of the City Attorney. That section provides:
Sec. 2-111. Supervision and control of
attorneys employed by city.
All attorneys at law retained or
employed by the city, regardless of the
nature or kind of service performed or the
title or designation under which they render
legal service for the city, are hereby placed
under the direct supervision and control of
the law department.
In addition to this provision, a number of other code
sections establish specific responsibilities for the City
Attorney, including, for example, Section 2-112 (drafting of
proposed charter amendments) and Section 18-186 (closing of City
real property sales). Very significant among these code
provisions is Section 18-232, which directs and authorizes the
City Attorney to provide the legal services necessary to
accomplish the purposes of the City's self-insurance and
insurance program. Section 18-232 provides as follows:
Sec. 18-232. Responsibilities of city
attorney.
(a) The city attorney shall perform or
supervise the performance of all legal
services required to accomplish the purposes
of the self-insurance and insurance program.
Legal services shall include, but not be
limited to, the defense or prosecution or
negotiation of settlement agreements of all
claims or suits, the investigation of all
claims and settlement of those claims found
to be well founded for which the amounts
claim are payable from the trust fund.
(b) The city attorney and such of his
assistants and claims adjusters as he may
designate may compromise, settle and pay all
claims which may be discharged by payment of
an amount not to exceed $25,000.00 for each
individual claim. Such settlements or
compromises shall be for all damages claimed
for personal injury, property damage, or
both.
(c) Proposed settlements in excess of
$25,000.00 shall be submitted to the city
commission for its approval prior to
acceptance.
(d) Upon approval by the city
commission or the city attorney, as specified
in the two preceding paragraphs [subsections
(b) and (c) of this section], the city
attorney shall authorize the payment of the
claim by the finance director and provide
Q
such documents as the finance director may
require.
(e) The city attorney shall render such
report or reports for the settlement of
claims to the committee and the city
commission as they shall require.
III. Overview of City Attorneys Office
Consistent with its City Charter mandate, the City
Attorney's Office acts as attorney and counsel for, and provides
legal services to, the City Commission, and all City officers and
departments. The Office represents the City in lawsuits,
prepares contracts, bonds and other written instruments including
ordinances and resolutions of the -City Commission, and approves
the same for legal sufficiency.
Fulfillment of these responsibilities requires the City
Attorney's Office to be proficient in a wide variety of areas of
civil legal practice. Among the many areas of law practice
engaged in by the City Attorney's Office are the following:
- municipal bond and public finance law;
- real property transactional law;
- commercial contract law, including
construction contract law;
- zoning and land use regulation law,
including building code and
handicapped accessibility law, and
historic preservation law;
- code enforcement law;
- federal and state civil rights law;
- public officers and employees
conflict of interest and ethics law;
- Government in the Sunshine and public
records law;
- personal injury and property damage
law, including sovereign immunity law;
- utility law, including law on cable,
telecommunications, electricity, water
and sewer, and solid waste collection;
- public housing law;
- public employment, pension and labor
union law;
9
workers' compensation law;
eminent domain law; and
civil forfeiture law and police legal advice.
The Office represents the City in all federal and state
trial and appellate courts and before federal and state
administrative agencies.
The City Attorney is assisted by approximately 21 Assistant
City Attorneys. Staff includes 11 legal assistants, an office
manager, one executive secretary, two legislative and special
project coordinators, one management information systems
specialist, one receptionist, one clerk and one legal services
aide, for a total of 41 employees.
The Office is organized into four main divisions: the
commercial division, the general litigation division, the labor
employment division and the land use division. The City Attorney
has appointed two Deputy City Attorneys and two Chief Assistant
City Attorneys, each of whom is assigned to supervise one of the
four divisions.
The City Attorney's Office provided to the Committee at its
request a computer -generated list of open litigation files
reflecting case type and status as of summer 1997. The briefest
overview of that list provides significant information about the
City's litigation matters. The 1997 list reflects 943 open
files, over one-third of which (325) are City employee worker's
compensation cases. Other major categories of litigation include
torts (232 open files), consisting primarily of slip and fall
cases (71), motor vehicle accident cases (60), police false
arrest and excessive force and police shooting cases (50).
Although the Committee lacked resources to review the pleadings
and progress of the open cases on a file -by -file basis, it does
appear that the great majority of the cases were filed in the
last three to four years.
Documents provided by the City Attorney's Office further
indicate that in 1996, 224 cases were reported closed, 142 by
judicial determination, 74 by settlement and 8 by withdrawal. Of
the cases closed, 90 were tort cases, and 12 were worker's
compensation cases. According to City Attorney office documents,
approximately $100,000 in losses were incurred through judicial
resolution; approximately $2.6 million was paid out in
settlement. (It is not specifically reported whether the
settlements were reached before or after judgment.)
Other documents provided by the City Attorney's Office
indicate that in 1995, 255 cases were reported closed, 162 by
judicial determination, 92 by settlement and 1 by withdrawal. Of
the cases closed, 92 were tort cases, 80 were foreclosure cases,
35 were labor/personnel cases, and 20 were worker's compensation
cases. Although the report showing 162 cases closed by judicial
resolution reflects that 55 cases were lost, no amount of money
is reported as being paid out in those cases. Approximately
$4.1 million is reported as being paid out in settlement.
Besides litigation files, the City Attorney's Office also
tracks significant legal assignments undertaken by attorneys in
the office. The 1315 assignments reported as on -going in early
summer 1997 include a wide variety of legal tasks ranging from
on -going City board and committee advice, to official legal
opinions, to drafting resolutions and ordinances, to review of
real property deeds and covenants. In addition to these items,
attorneys are responsible for day-to-day informal advice and
counsel to City Commissioners, officials and staff.
The City Attorney's Office also reported that it had 187
open and pending contracts as of summer 1997, and 149 open police
civil forfeiture files.
iv. Physical Facilities
The City Attorney's Office is located on the ninth floor in
Riverside Center, the City's main administration building at 444
S.W. Second Avenue in downtown Miami. The facilities are new,
attractive and spacious enough to accommodate a private office
for each attorney, an individual work station for each staff
member, two large conference rooms, a legal library, filing
space, a kitchen and a reception/waiting area. Parking for
employees is in the adjacent City parking building. The office
is convenient to City administration officials and employees who
work in the same building, is also convenient to the county
courthouse, and is fairly convenient to the federal courthouse
complex (approximately 10-12 blocks away). The offices are
approximately four miles from City Hall, located in Coconut
Grove.
The City Attorney's Office is equipped with a computer in
each attorney's office and at staff work stations. The computers
are networked within the Office. Each attorney has computerized
legal research capability at his or her desk.
PART III
FINDINGS AND RECOMMEMATIONS OF THE
LEGAL AFFAIRS MANAGEMENT COMMITTEE OF
THE CITY OF MIAMI FINANCIAL E ERGENCY OVERSIGHT BOARD
The findings and recommendations that follow represent the
Committee's best effort to provide clear, focused and
constructive assistance to the oversight Board in fulfilling its
statutory duties. By this report, the Committee seeks through
the Oversight Board to provide information and suggestions useful
to the long-term enhancement of the work of our respected
colleagues in the City of Miami Attorney's Office.
The findings of the Committee's report are factual findings
discovered during the Committee's review, and are based entirely
on documentary information and the recurring statements of
persons interviewed. Findings are limited to issues that
surfaced repeatedly throughout the review as areas of substantial
concern to the effective delivery of legal services. Isolated
issues and issues that are not within this Committee's area of
review have not been addressed. Recommendations are based
exclusively on the Committee's factual findings and the Committee
members' combined experience in the practice of state and local
government law and litigation.
The findings and recommendations in this report are those of
the Committee as a whole and do not reflect the separate personal
views of any individual Committee member.
The findings and recommendations of the Committee, although
overlapping, fall into three major categories of concern, and
form the outline of this Committee's findings and
recommendations.
I. Professional commitment, professional independence
and overall effectiveness in the delivery of legal
services;
II. Evaluation and reward of employee performance;
salary, compensation and employment benefits; and
III. Internal administration of the Office.
12
I. Professional Commitment, Professional Independence and
Overall Effectiveness in Delivery of Legal Services.
A. Professional Commitment
1. FINDING: Both attorneys and support
staff in the City attorney's Office are
committed to public service and are convinced
that the City Attorney's Office provides a
valuable function as in-house legal counsel
to the City of Miami. The Office enjoys
substantial professional commitment to the
City of Miami
Throughout the interview process, both attorneys and support
staff expressed their genuine commitment to public service and to
the City, and a desire to continue providing quality local
government legal services. Virtually every person interviewed
enjoyed the kind of legal work the City Attorney's Office offers.
Attorneys in the Office, and also support staff who
expressed a view, believed that it is valuable to the City to
have regular legal services available through full-time in-house
counsel. Many commented that the sheer breadth of legal services
required by the City would be beyond the capabilities of any
single private law firm to provide, at least on an economically
sound basis. Many also commented on the value of "institutional
knowledge" of legal services and opinions previously provided by
the Office, as well as the value of a working knowledge of the
City's departments and staff, both of which were attributes not
thought to be available form outside counsel.
Notwithstanding this view on the importance of having
in-house counsel, the need for outside counsel in certain
circumstances was recognized and welcomed, when for example, the
City Attorney's Office faces a professional conflict of interest,
or where specialized knowledge or resources are not available
within the Office. The present balance between in-house delivery
of legal services and the use of outside counsel, in the view of
the members of the Office, was thought to be appropriate.
While the Committee's findings and recommendations on
outside counsel appear later in the report, it is very important
to note at the outset the high value placed by the members of the
City Attorney's Office on the public service and professional
legal services that they provide, and the professional commitment
they exhibit toward public service.
2. FINDING: Members of the Office believe
that the City Attorneys Office has a
central sense of mission, and an overall
cooperative teamwork.
Almost all members of the Office expressed suggestions for
improvement in the operations of the City Attorney's Office, and
a very significant number expressed considerable frustration with
certain aspects of the Office. Nonetheless, the comments of
virtually every member of the Office were directed at improving a
workplace where the persons commenting wished to continue
working. The conclusion that most attorneys in the Office regard
it as a desirable career choice is underscored by the fact that
over half have been in the Office more than 5 years.
Further, even in view of some of the concerns detailed in
this report, the City Attorney's Office has undertaken important
initiatives to help the City. One important example is the
initiative for stepped -up collection efforts and foreclosures on
City liens, which has resulted in a significant financial benefit
to the City in the last two to three years.
However, the significance of some of the operational
problems in the Office cannot be ignored. Since 1993, at least a
dozen lawyers have left the office. Some of those departures
were for judicial positions, and certain others were for personal
or family reasons. A significant number of departures, however,
are attributable directly to operational issues addressed in this
report. If the City Attorney's Office is to remain a desirable
career choice for highly qualified professionals, these problems
must be addressed.
The Committee offers no recommendations specifically
addressed to professional commitment. The Committee notes,
however, that enhancements in other areas of operations should
serve to increase professional commitment and loyalty to the City
Attorney's Office and the City of Miami.
B. Professional Independence
1. FINDING: Historical political influence
by some elected and other city officials
has been allowed to affect internal
personnel decisions of the Office such
as hiring, promotion, assignment,
compensation or discharge, impairing the
professional independence of the Office.
In the view of this Committee, it is absolutely critical to
the effective delivery of high quality legal services that the
professional independence of the City Attorney's Office be
vigorously guarded. It is integral to that professional
independence that the City Attorney be allowed and required to
protect and exercise exclusive control over personnel decisions
within the Office. Absent that exclusive control, the delivery
of legal services by the Office, particularly by the beneficiary
or victim of political influence, is at best suspect, and at
worst potentially improperly influenced by political
considerations, to the detriment of the City and of public
confidence. Indeed, this Committee has repeatedly heard concerns
that in the past, City officials sought out favorable legal
opinions or service without following appropriate lines of
authority.
Further, when political influence in personnel matters is
allowed to extend into the City Attorney's Office, a deleterious
impact on morale occurs. If political favoritism, rather than
merit, is perceived as the reason for hiring, advancement,
compensation or discharge, then incentive for hard work
diminishes. Further, the perception of political favoritism can
set the interests of one employee against another and thereby
undermine the Office's sense of teamwork. Potentially, the
overall effectiveness of the entire Office can seriously suffer.
Further, the professional reputations of individual attorneys can
be placed at risk by a perception of political favoritism, by
casting doubt on the actual abilities of the employee. The
Committee notes that many of the Office's attorneys who enjoy
outstanding professional reputations in the legal community have
distanced themselves from political influence.
The City's Code has provisions specifically designed to
prevent these unfortunate results. Section 2-111 expressly
places all attorneys retained or employed by the City under the
direct supervision and control
headed by the City Attorney.
motto of every local government
office speaks with one voice."
RECOMI�iDATION NO. 1'
of the law department, which is
This section embodies the proper
law office, which is that "this
The Committee strongly recommends that in
compliance with Section 2-111 the Code of the City
of Miami, all elected officials of the City
refrain from, and the City Attorney affirmatively
resist, all efforts to exert political influence
over the hiring, promotion, assignment,
compensation, retention, discipline or discharge
of any employee in the City Attorney s Office.
The Committee further observes that violation of
this Code provision may result in enforcement
proceedings.
RECOMMENDATION NO. 2.
Due to the number of concerns expressed about
favoritism, in order to improve morale, and to
help protect the Office from improper influence,
the Committee strongly recommends that the City
Attorney immediately develop and implement a
mandatory, periodic, written performance
evaluation process for all employees in the City
Attorney's Office. Regular written performance
evaluations based on specific, articulated
criteria should be made the basis for compensation
changes, promotion, assignment, discipline and
discharge. In the absence of extraordinary or
sudden misconduct, the written performance
evaluation should be made the exclusive basis for
personnel decisions. Performance evaluations
should be undertaken no less frequently than
yearly; ideally, informal evaluations should be
instituted on a more frequent basis to provide
feedback on job performance.
The Committee notes certain valid concerns of the
City Attorney regarding the difficulty in
formulating a written evaluation of subjective
1�
factors, and also regarding a perceived risk that
written evaluations will form a legal basis for
employee challenge to the personnel decisions of
the City Attorney, which are properly made on a
discretionary basis. The Committee nonetheless
sees this mechanism as a strong defense against
outside influence and recommends that it be
instituted.
RECOMUMATION NO. 3
The Committee recommends that the City Attorney
institute a formal recruitment interview and
selection process for attorneys applying to the
Office. Objective and subjective criteria should
be developed, and a screening process instituted.
The City Attorney may also wish to consider
instituting or enhancing a formal
clerkship/internship process for recruitment and
hiring. That process affords an opportunity to
review a prospective attorney's work product and
personality for an extended period prior to
hiring. The Committee acknowledges that current
funding limitations and the recent need for
lateral hires may restrict immediate institution
of this recommendation, but sees it as a long-term
enhancement to the Office.
RECOMUMATION NO. 4
The Committee readily acknowledges the fundamental
constitutional rights of every employee in the
City Attorney's Office to express general support
or opposition for political candidates and
officeholders. The Committee recommends, however,
that members of the City Attorney's Office be made
mindful that deleterious results generally flow
when employees of the City Attorney's Office
become involved in political campaigns of elected
City officials, or when employees seek or accept
advancement or other individual employment benefit
through political influence.
1;
Indeed, the Committee views this problem as so
damaging to the professional independence and
effectiveness of the Office that it strongly
recommends that the Office leadership research and
consider whether mandatory policies on political
involvement should be developed and implemented.
2. FINDING: Whether by error or by perceived
necessity, some of the City's elected leaders
exert excessive scrutiny and control over the
delivery of legal services by the City
Attorney's Office, adversely impacting on
morale and effectiveness.
The Committee finds it noteworthy and to some extent
commendable that the City's elected policy makers closely monitor
the City's legal affairs. However, it was uniformly perceived
both within and outside the Office that some of the City's
elected leaders exercise excessive scrutiny and exert too much
control over the City's legal matters. Specific examples include
a City Commission mandate that every court judgment come before
the City Commission for approval for payment. Similarly, every
proposed settlement of every claim or lawsuit in excess of $4,500
now must be placed on a City Commission agenda; any single
commissioner disagreeing with a proposed settlement may derail
it.
Complaints about this part of the City Attorney's Office
operations centered not on the advisability of reporting wins,
losses and settlements to the City's elected leaders. To the
contrary, reporting is consistent with the City code and was
acknowledged as entirely appropriate. Further, it was uniformly
stated that elected officials applied no political pressure to
settle cases that were in litigation. Rather, the object of
complaint was the degree of detail with which so many completed
cases and proposed settlements were taken up for discussion, and
the sharp and pervasive criticism of the City Attorney's Office
in so many of those matters. By means of extenuated analogy, it
was as if most of the City fire department's rescue calls were
taken up individually after the fact and critiqued.
Lawyers in the City Attorney's Office were particularly
pained to be publicly berated for lost cases, adding
embarrassment to the disappointment of loss. A significant
to
number of lawyers wondered if some elected officials
misunderstood the litigation process, mistakenly believing that
the outcome of cases turns only on the skill of the lawyers, not
on the underlying facts that gave rise to the case at hand.
Lawyers in the Office remarked that as in-house counsel, they
could not pick and choose among cases, but had to take the cases
as they arrived. The effective administration of other City
departments and functions obviously has a strong and direct
impact on the City's litigation success rate. As professionals,
the City's lawyers must defend the actions of City employees, and
therefore are not in a position to defend themselves before the
City Commission by disparging the very City employees whose
actions they must defend or whose testimony they must present.
Instead, the attorneys must bear the full brunt of Commission
disapproval. As will be discussed later, a file -by -file review
of the City's litigation may uncover City departments'
operational deficiencies that lead to persistent litigation
losses or settlements in some areas.
The Committee notes that being second-guessed and berated
publicly can create an incentive for recommending early
settlements. The adverse impact of that incentive is a
potential reputation in the legal community as an easy mark for
settlement, with the result that many more claims against the
City might be filed. Frequent personal criticism was also seen
as a potential cause for diminishing respect and cooperation from
City departments.
RECOMIENDATION NO. 5:
The Committee recommends that the following
actions be undertaken to enhance City Commission
confidence in the handling of legal matters by the
City Attorney's Office, to increase the
professional deference extended to the handling of
legal matters by the City Attorney's Office, to
afford the City Attorney's Office an appropriate
degree of professional independence in fulfilling
its professional obligations, and thereby to
enhance the Office's professional reputation for
the good of the City:
(1) Authorize the City Finance Director to pay
final court judgments at the City Attorney's
direction (subject to appropriate appeal
19
considerations) without separate City Commission
authorization. Periodic reports on court wins and
losses should still be made available for
Commission review, and any pattern of persistent
losses, and cases of special policy import, would
still be subject to constructive Commission review
and oversight.
(2) Adhere to the provisions of Section 18-232 of
the City Code. That section authorizes the City
Attorney to settle claims up to $25,000 without
Commission authorization. Periodic reports to the
City Commission on settlements should still be
required, and any pattern of settlement, and
settlements of special policy import, would still
be subject to constructive Commission review and
oversight.
To the extent that existing Florida statutes may
limit the City Attorney's authority to settle
claims in excess of $5,000 without a public
hearing after suit has been filed, the City should
create a nonpolitical team of appropriate lawyers
and staff and/or other litigation advisors to make
reliable recommendations to the Commission on
proposed settlements that by state law require
public hearing for approval.
(3) when the City Commission is in doubt about
the advisability of the proposed settlement of
significant litigation that will come before it
for public hearing and approval, the City
Commission may wish to consider closed
attorney -client sessions held out of the sunshine
in accordance with Florida law, in order to learn
more about the matter in litigation. In such
executive sessions, questions about the merits of
a case may be asked freely without adverse impact
on the litigation. Only at the conclusion of the
litigation or after the public hearing to consider
and decide the proposed settlement would the
record of that meeting become available. Other
local governments have successfully used this tool
selectively.
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(4) Public Officials' comment on the performance
of the City's lawyers is contrary to the spirit
and intent of Section 2-111 of the City Code.
Comments on performance are properly directed to
the City Attorney, and constructive criticism and
objective statements of expectations are best made
in the course of scheduled evaluations. Recurring
public criticism may suggest to the City Attorney
a loss of professional confidence that should be
addressed by selection of lawyers in whom the
Commission has professional confidence. Berating
the City's lawyers in public should be in all
events be avoided, particularly since the City's
interests are adversely affected by a reputation
for easy defeat or settlement.
C. Overall Effectiveness in the Delivery of Legal
Services.
1. FINDING: The City Attorney s Office
continues to produce some excellent legal
results for the City and in the interest of
local government generally throughout
Florida.
The City Attorney's Office continues to achieve some
excellent legal results in a significant number of court cases
and other legal matters. For example, it is not to be overlooked
that the City Attorney's office's collection and foreclosure
initiative generated an additional $500,000 in funds for the City
in 1995-96 over the previous year. Further, the City Attorney's
Office has prevailed in recent years in a number of multi -million
dollar civil rights cases, including a civil rights lawsuit
emanating from the Miami River Cops corruption scandal and a
civil rights lawsuit over physical hazing in the City fire
department. The Office also prevailed in a well -publicized and
serious challenge to the City's municipal power to regulate
street vendors.
In transactional matters, the Office provided the legal
representation necessary to successfully close the real property
purchase of the new City administration building. The Office
continues to represent the city in negotiations and legal work in
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significant matters such as the development of Watson Island and
the development of a new downtown sports arena.
The Office also generates and distributes forms for
contracts and other transactions that include checklists of
provisions that should be considered in such transactions.
2. FINDING: A significant number of
individual lawyers in the City Attorney's
Office have outstanding reputations for legal
ability and professionalism. However, there
is a mounting perception in the legal
community that the Office suffers from morale
problems, that the City is quick to settle,
that the City's cases often are not as well
prepared as they might be, and that
additional training and supervision of new
lawyers in the City Attorney's Office would
be helpful.
The City Attorney's Office enjoys a fine historical
reputation for legal ability and professionalism. A number of
attorneys presently in the Office enjoy outstanding reputations
for legal ability and professionalism, both among members of the
judiciary, in the legal community at large, and within City
departments. In the legal community at large, however, there is
a growing perception that the Office's overall ability to provide
the best possible legal services has been adversely impacted by
events in recent years.
A host of interrelated circumstances may have contributed to
this problem. Addressing those circumstances should remediate
any problems with the office's ability to deliver top-flight
legal services.
The first factor seen as adversely impacting the Office is a
problem with morale. Morale problems seem to derive primarily
from public criticism and diminished professional respect from
City leaders and departments, as previously discussed, and from
serious salary and compensation concerns, which are addressed in
subsequent sections. An improved esprit de corps would go far in
reversing erosion in the Office's reputation simply by
22
engendering greater enthusiasm for the Office's work and by
diminishing complaints about being underappreciated.
The City's developing reputation for being quick to settle
and the question of whether cases are as well prepared as
possible are much more dificult issues. As discussed in the
section that immediately follows, the City's risk management
function has very serious defects and is in need of focused study
and repair. Without further scrutiny, it is not possible to say
how much fault, if any, lies with the City Attorney's Office and
how much, if any, lies with City risk management staff adjusters
and investigators. There is no doubt, however, that problems
with the way claims are worked up and defended are adversely
impacting the reputation of the City Attorney's Office. This
issue and recommendations to address the problem are detailed in
the following section of the report.
Additional training and supervision of the newest members of
the Office could only serve to enhance the Office's professional
reputation. New members in particular, and even members who
have been in the Office for a long time, may profit from
additional continuing legal education beyond the minimum required
by The Florida Bar. In this time of fiscal restraint, it may not
be possible to fund travel to seminars, but other local
government law offices, the Dade County Bar Association and the
Dade County Law Library have extensive continuing legal education
audio and video tape lending libraries. Further, other local
government law offices and local government organizations such as
the City, County and Local Government law Section and the League
of Cities are very receptive to exchanges of legal information
and professional analysis. It is important that the City
Attorney's Office turn to these resources and take advantage of
assistance that is freely offered by fellow professionals.
RECOMMENDATION NO. 6:
The Committee recommends that the City Attorney's
Office formalize and institute measures to
increase the supervision of new lawyers and
enhance the convenience and value of continuing
legal education resources for all lawyers in the
Office. These measures (many of which were
suggested by members of the Office themselves)
should include, at a minimum, the following:
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L J
(1) obtain a list of audio and video tape
resources from other local government law
offices in South Florida, and from other
resources in the area, with a focus on local
government and civil trial law, distribute
the lists throughout the Office, and provide
a convenient and encouraging mechanism for
accessing these resources;
(2) research and provide the names of other
local government law practitioners in similar
fields and organize opportunities to network
with them;
(3) hold periodic meetings of lawyers in the
Office who have similar practices to discuss
current legal issues, and formalize and
institute a team approach for newer lawyers,
so that newer lawyers prepare and try cases
with more experienced professionals before
trying cases "solo." This additional
responsibility should be taken into account
when assigning cases to more experienced
lawyers.
While these measures may seem obvious, actually instituting
them will almost certainly reap rewards in professional
confidence and ability.
2. FINDING: Repeated concerns have been raised
as to whether the City's risk management
function is operating effectively, and as to
whether that circumstance is adversely
impacting the ability of the City Attorney's
office to deliver legal services.
The possibility of deficiencies in the City's risk
management function was repeatedly raised on all fronts as one of
the most serious impediments to the effective delivery of legal
services by the City Attorney's Office.
Among the serious allegations heard by the Committee were
the failure by some of the City's adjusters and investigators to
interview witnesses to accidents, failure to take photographs of
the sites of incidents, and similar basic failures adequately to
investigate claims against the City on a timely basis. For
example, it was frequently stated that a broken sidewalk or
pavement would frequently be repaved, or witnesses to accidents
would have moved out of town, before risk management
investigators even began investigating a simple claim.
Litigators at every level of experience expressed concern
about receiving files from the City's risk management staff that
were not worked up, and about being unable to get assistance from
some risk management staff after the file arrived in the City
Attorney's Office. Litigators commented that while a select
number of adjusters were responsive to requests for support and
assistance, many others were not at all responsive. Lawyers
hoped for change with the recent change in administration, but at
the time of interview had not seen much change at the level of
adjuster or investigator.
It was widely contended that this alleged lack of support
had resulted in an inability to raise defenses and in the
potential for easy settlement, with the compounding result that
more suits against the City had been filed, difficulties in
working up cases had increased, and pressure again had mounted to
settle.
Of particular import in this significant area of overall
concern is the workers' compensation practice area. A number of
sources raised concerns about too -early and too -quick settlement
of claims by the City, especially claims of less than $4,500,
which require City Attorney approval. Various sources indicated
the possibility that legitimate defenses have been foregone to
expedite the rapid processing of files. A reputation for of this
kind of easy settlement engenders multiplying claims. This issue
demands the sharpest scrutiny when the year 1996 saw a 500
increase in workers' compensation files over the previous year's
case load. Surprisingly, a number of persons reported that
notwithstanding recent media scrutiny of the workers'
compensation issue in the City, little had been done to address
escalating claims.
Of further concern is the degree of expertise, supervision
and continuing education of both attorneys and City risk
management staff in the worker's compensation area. For example,
2 5
it was widely reported to the Committee that the City of Miami
had never sought funding for qualifying workers' compensation
claims under the State of Florida's Special Disability Trust
Fund. No one the Committee spoke to was able to explain why
applications were never filed for funding under that state
program.
The Committee notes that Section 18-232 of the City Code
contemplates significant control by the City Attorney's Office
over the risk management function. For example, that code
section states that the legal services required to accomplish the
purposes of the City's self-insurance and insurance program
expressly include "the investigation of all claims and settlement
of those claims found to be well founded...." That section also
expressly states that "(t]he city attorney and such of
his assistants and claims adjusters as he may designate may
compromise, settle and pay (certain] claims." (emphasis added).
It appears that notwithstanding these Code provisions, certain
risk management functions over time have been absorbed by City
staff outside the City Attorney's Office, in the various
processes of restructuring City departments and functions from
time to time.
Section 18-232 of the Code inherently recognizes the
importance of the risk management function to the successful
legal defense of the City's interests by the City Attorney's
Office. The gradual erosion of the necessary connection between
the risk management function and the City's legal defense,
particularly as contemplated by the City code, has apparently had
a negative impact on the effective delivery of legal services by
the City Attorney's Office.
A thorough analysis of how that connection should be
restored is beyond the resources of this Committee, because it
entails the review of functions beyond the City Attorney's
Office. The Committee observes that the risk management function
has been successfully undertaken in a variety of ways in local
governments throughout Florida. In Manatee County, for example,
the risk management function was recently the subject of a
detailed and independent review. Based on the findings in that
review, the risk management function was brought under the
supervision and control of the County Attorney's Office. In
other local governments, the great part of the risk management
function is successfully undertaken by staff outside the
attorney's office, but there is a close and cooperative
relationship that enables the city or county attorneys office to
vigorously and successfully defend against claims. In other
local governments, the risk management function is privatized in
whole or in part. In others, a city manager/city attorney hybrid
program has been found to function best.
Private insurance firms often volunteer to perform a review
of a local governments' risk management function free of charge.
Indeed, such an offer has been extended to the City of Miami.
See Exhibit H. While a private firm's natural inclination
toward privatization must be taken into account, valuable
information can be obtained free of charge from such a review.
Further, other local governments like Manatee County would be
more than willing to share the results of their own studies.
REION NO. 7:
The Committee strongly recommends that the City of
Miami immediately commission a thorough review of the
risk management function, through a combination of
private insurance firm review, consultation with other
local governments, and in-house analysis of the City's
particular needs. As one result of that review, the
role of the City Attorney's Office in the risk
management function should be clarified. The City code
provisions assigning risk management functions to the
City Attorney's Office and the actual role of that
Office in the administration of risk management should
be brought into conformance with one another.
As a corollary part of that review, it would be very
useful to undertake a file -by -file review of the
pleadings in the City Attorney's Office to determine
whether particular departments or functions are giving
rise to litigation and should be legally advised to
modify policies or activities giving rise to
litigation. At the same time, a legal professional
expert in local government law could check for
appropriate defensive pleading and vigorous prosecution
of each case.
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4. FINDING: The City Attorney's Office's
ability to communicate and obtain cooperation from
City staff has eroded in some aspects and requires
continued attention and effort from both sides.
A substantial number of persons interviewed mentioned the
need for better cooperation between the City Attorney's office
and City staff. Attorneys mentioned that it was sometimes
difficult to get assistance and support in responding to
litigation discovery requirements. City staff mentioned that
they could use greater hands-on involvement by the City
Attorney's Office in matters of legal concern to their
departments. While many attorneys and staff persons work well
together, particularly where a long-standing professional
relationship exists, both sides invited more responsiveness from
the other. Often a closer professional relationship can provide
early warning of upcoming issues and allow the development of a
well -reasoned, unified approach to City issues. This safeguard
is especially important in the timely preparation of City
Commission agendas.
RECOMCMATION NO. 8
The Committee recommends that the City Attorney's
Office continue its legal education and preventive law
overtures to City staff, and to use these and other
means to develop strong professional service
relationships with City staff. In particular, it is
essential that the City Attorney's Office and the City
Manager's Office continue to develop a close
professional relationship that affords the opportunity
for cooperation and timely sharing of information on
matters that will appear on the City Commission agenda
for policy determination. Group sessions and
team -building seminars between the City Attorney's
Office and client departments could be considered.
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5. FINDING: The City Attorney's Office use
of outside counsel generally is consistent
with policies limiting use of outside counsel
to situations involving conflict of interest,
the need for special expertise or the need
for bond counsel. Outside counsel fee
structures generally appear to fall within
reasonable fee ranges. Outside counsel
policies could profitably be refined,
however, to establish appropriate selection
criteria for outside counsel and to establish
appropriate competitive selection processes
to help control fees, expenses and costs.
Policies could also profitably be refined to
define allowable costs and expenses, and to
formalize regular reporting by outside
counsel.
For a municipality of Miami's size and complexity of legal
issues, the use of outside counsel by the City of Miami
Attorney's Office appears to be reasonable and generally
consistent with policies limiting. the use of outside counsel to
circumstances involving conflict of interest or the need for
special expertise or bond counsel.
Fees range from pro bono representation to a maximum hourly
rate of $350 per hour, with the bulk of hourly fee rates coming
in at $150 to $175 per hour. In this period of fiscal challenge
for the City, the Committee suggests that the City Attorney's
office's outside counsel policy could profitably be refined to
help control fees, expenses and costs, and even more efficiently
to select outside counsel to the benefit of the City.
RECONNEKDATION NO. 9:
The Committee recommends that the City Attorney's
Office review and refine its outside counsel policy as
follows:
(1) Establish appropriate written selection criteria,
which may be both objective and subjective, for the
selection of outside counsel. Important considerations
would include overall legal experience, in local
2S-
government law generally, experience in the particular
kind of legal matter for which outside counsel
assistance is being sought, and knowledge of the
relevant function, practices and structure of the part
of the City that has presented the legal matter.
(2) Establish a competitive selection procedure that
would invite participation by a significant number of
qualified counsel, in order to induce the best possible
fee structure for the best qualified counsel for the
legal task at hand.
(3) Establish an hourly fee cap. Since it appears
that the City can obtain qualified outside counsel at
an hourly rate of $150 to $175, consideration should be
given to establishing a fee cap at that level, to be
exceeded only based on established criteria and only in
the rarest of instances.
(4) Establish written fee agreements that detail
allowable costs and expenses. Even small savings
multiplied many times over can represent significant
savings to the City. For example, the City Attorney's
Office should consider whether certain types of
overhead expenses should be allowed or reduced, such as
charges for non -lawyer staff time, faxes, photocopies,
etc.
II. Evaluation and Reward of Employee Performance; Salary,
Compensation and Employment Benefits.
A. Evaluation and Reward of Employee
Performance.
1. FINDING: Attorneys in the City Attorney's
Office do not receive regular periodic
employee performance evaluations based on
ascertainable criteria. As a result,
attorneys do not receive either positive or
negative feedback on their job performance.
The absence of regular performance
3'
evaluations has resulted in lack of incentive
to improve performance, job insecurity, and
in many instances, a perception that employee
compensation is tied to factors other than
meritorious job performance.
A concern that was repeatedly raised by many attorneys in
the City Attorney's Office was the failure to receive regular,
periodic employee performance evaluations, based on ascertainable
criteria. Attorneys truly wanted to know if they were perceived
as performing well; although all viewed their own work
performance as effective and meritorious, they lacked either
ascertainable criteria or feedback to assure them that their work
was up to par. As a result, a quite substantial number of the
Office's attorneys expressed a foreboding sense of insecurity
about their jobs, a factor that was seen as adverse to personal
and Office morale.
Further, because attorney salary raises have been rare since
1994, sporadic, and not tied to regular, periodic evaluation,
many attorneys saw compensation as tied to factors other than
meritorious job performance. Suspicions of political influence,
favoritism and other factors unrelated to job performance were
frequently mentioned as possible grounds for isolated salary
raises and desirable assignments. This situation was also seen
by a number of persons as impacting adversely on morale.
Although the absence of regular performance evaluations has
tangible consequences, the issue is not hard to address.
Institution of a regular program of evaluation would likely
dispel a great deal of malaise. It would also have the salutary
result of crystallizing problems with performance so that they
can be addressed. Additionally, as discussed earlier in the
report, a formal performance evaluation process would serve to
help shield office personnel matters from any improper political
influence.
RECOIL KENDATION NO. 10:
The Committee strongly recommends that the City
Attorney immediately develop and implement a formal
regular, periodic, written employee performance
evaluation program. Formal written evaluations should
be provided no less frequently than annually. If
possible, informal evaluations should be provided more
frequently, even if only verbally and even if limited
to reassurance in most instances that the employees
work performance is satisfactory. Performance problems
with any individual employee should be addressed early
and on an individual basis through informal evaluation.
Ascertainable performance criteria should be developed,
and employees should immediately be informed of the
criteria established. Criteria can be both objective
and subjective, but should be fair and measurable.
Performance evaluations based on these criteria should
be consistently and realistically undertaken, and
should not be a pro forma exercise.
Performance evaluations should occur at the same time
during each budget year. Generally, increases in
compensation or benefits should occur at the same time
as with evaluations.
2. FINDINGS: Attorney terminations and other
adverse personnel actions have been
accomplished without an opportunity for the
attorney to discuss with the City Attorney
the grounds for the adverse action, to the
detriment of Office morale and job security.
The Committee recognizes that circumstances arise in which
employees fail to fulfill the responsibilities of public service
and must be separated from the Office. The Committee strongly
endorses the idea that the discretion to terminate employment,
particularly for attorneys, must belong exclusively to the City
Attorney, and that attorney employment is at -will employment.
The exercise of that extreme management function, however, should
be accomplished in a way designed to preserve the security and
morale of the remaining employees.
The Committee's scope of review has nothing to do with the
merits of any particular personnel decision of the City Attorney.
Nor, is the management style of the City Attorney within this
Committee's scope of review. The City Attorney may exercise his
or her managerial discretion in a variety of appropriate ways.
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However, the process by which employee termination is
accomplished may affect morale and job security of the remaining
employees, and the review of that function is within the scope of
this Committee's responsibility.
The Committee is of the strong view that, if desired by an
attorney facing adverse personnel action, an opportunity should
be provided to discuss the matter with the City Attorney.
Attorneys should have an opportunity to understand why the
adverse action is in the interest of the Office, to learn whether
any wrongdoing is the cause, and to be informed of the reasons
that the action is warranted and not arbitrary. While many a
disgruntled employee will disagree with the City Attorney's
assessment of his or her performance, he or she will then have no
basis for asserting that the personnel decision was groundless.
The Office, in turn, will be aware that the grounds for the
action have been explained, and rumors of arbitrariness will be
diminished.
RECONKENDATION NO. 11
The Committee recommends that the City Attorney provide
attorneys with an opportunity to discuss adverse
personnel actions. Each terminated or adversely
affected attorney should be informed of the reason for
termination or adverse action.
B. Salary, Compensation and Employment Benefits
1. FINDING: Almost no Assistant City Attorney
has received a salary increase since 1994,
based either on increased costs of living or
on meritorious performance. Even with the
moderate cost of living increases since 1994,
these attorneys have effectively incurred a
real wage loss. The Committee recognizes
that this is in great part an issue of
resources available to the City. Even so,
the City Attorney's Office should not be
treated disparately from other City
departments and functions. The absence of
raises has adversely impacted morale, and the
effective wage loss adversely impacts the
3
ability to attract and retain highly
qualified professionals. Attorneys state
that they have no financial incentive to
exert extra effort, because they cannot
anticipate that it will be rewarded.
Further, attorneys feel unappreciated when
other City staff, even within the City
Attorney's Office, receive cost of living
raises and they do not.
RECORDATION NO. 12:
The Committee recommends that, as soon as feasible, the
City Attorney's Office budget be adjusted either
upwardly or internally to give Assistant City Attorneys
a raise, at least to cover increases in the cost of
living and preferably also to reward exceptional effort
on behalf of the City. In some local governments, it
has helped to preserve the professional independence of
in-house counsel for the local government attorney's
office to submit its budget to the City Commission
independently of City staff's budget; the necessity for
that procedure should be considered in light of the
City's financial pressures.
2. FINDING: Legal secretaries ("legal
assistants") are compensated pursuant to
a two-tier salary structure. Long-term
secretaries/assistants hired prior to
1988 are paid under the higher Tier 1
pay scale. Secretaries/assistants hired
after 1988 are subject to a scale with a
substantially lower (25%) starting
salary and a lower maximum pay for the
same position. Effort was made in the
1997-98 budget year to increase the
bottom of the Tier 2 pay range, and
raises were granted to decrease the
disparity between the pay tiers.
Nonetheless, these circumstances make it
more difficult to attract highly
qualified secretaries/assistants, and
3Az
more difficult to retain those hired
after 1988.
RECOMMENDATION NO. 13•
The Committee recommends that the City give serious study to
eliminating the 25% differential in Tier 1 and Tier 2 support
staff pay scales over time. The Committee also recommends that
the City continue to monitor the starting salary in the Tier 2
pay scale to insure that starting pay is sufficient to attract
highly qualified legal assistants in the local market.
3. FINDING: Assistant City Attorney
salaries are not set pursuant to readily
ascertainable criteria such as length of
time in the Office, other relevant
professional experience, and
extraordinary work effort. No formally
established pay ranges exist for
different levels of ability and
responsibility. Regular performance
evaluations do not form the occasion or
basis for raises. To the extent the
City Attorney has developed and applied
informal pay ranges, not all salaries
are consistent with the pay ranges and
professional experience criteria. The
absence of established, known criteria
for raises has engendered concerns that
any raises that are given have not been
based on performance or merit but on
other factors.
RECION NO. 14:
The Committee again recommends that regular formal
performance evaluations be established, containing
measurable and established criteria, and that merit
salary increases be awarded based on, and at the time
of, the regular performance evaluation. The Committee
also recommends that the City Attorney consider
establishing formal pay ranges based on measurable
criteria, and that variations from those ranges be
approved only in exceptional instances and upon
established criteria.
4. FINDING: The Committee has conducted a
salary survey of similar local
government law offices. See Exhibit I.
The survey indicates that the salary
ranges for the City of Miami Attorney's
Office is not dramatically different
from pay ranges in other parts of
Florida. It may be that higher costs of
living in South Florida adversely impact
comparable salaries, but as an entire
Office, the City Attorney's Office
cannot be said to be markedly low. The
Office continues to attract and retain
qualified lawyers. The greater problem
with salaries, in the Committee's view,
is the length of time since the last
raise for most lawyers, and concern over
the criteria for raises.
RECOMMENDATION NO. 15
The Committee recommends that the City Attorney's
Office continue to monitor local government law office
salary structures, and as appropriate to apply a
cost -of -living index to more precisely compare
salaries. When salary differences are observably
different, adjustments should be made through the
budgeting process.
5. FINDING: Elimination of certain
employment benefits previously made
available to office employees has had an
adverse impact on morale. Further, it
has been reported to the Committee that
some benefits and resources that are
readily made available to upper
management in City staff are not made
available to comparable positions in the
City Attorney's Office, to the
dissatisfaction of the Office attorneys
Attorneys hired by the City Attorney's Office have
traditionally enjoyed certain benefits, which have been gradually
eliminated or placed at risk. Previously, the Office funded
certain continuing legal education seminar and travel expenses
and dues for certain professional organizations. These expenses
are no longer shouldered by the Office, and during 1997 some
question arose as to whether the City would pay attorneys'
Florida Bar dues. (They were paid with City Commission approval).
The Committee has no recommendation on whether or how these
professional expenses should be paid. Certainly in this time of
fiscal challenge, prudence may dictate that paid travel for
continuing legal education be curtailed. Audio and video
training tapes are available and relatively inexpensive. The
Committee notes, however, that the failure to fund any of these
expenses can only adversely affect financial incentive for
qualified lawyers to join or remain at the City Attorney's
Office.
Beyond these actual items of potential expense, however,
certain benefits and resources were frequently mentioned by
members of the Office as inexpensive or no -cost morale boosters.
One such resource is the availability of a City car for attorneys
to use for day travel on City business, e.g.,.to attend
depositions, to attend meetings out of the Office, etc. It is
the understanding of the Committee that City vehicles are
available for check-out by other City staff, and it is reasonable
to make the same resource available to the City's lawyers.
Similarly, it was frequently mentioned that other City staff
have assigned parking in the City administration building. While
the Office members who mentioned this benefit acknowledged its
minimal real value, they uniformly felt that it would be an easy
encouragement to be treated the same as other City staff in this
regard. The Committee notes that spirited advocacy for the
Office should have little problem obtaining these benefits.
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The Committee also learned that certain executive benefits
are extended to higher levels of managerial staff in the City,
including such benefits as additional life insurance, enhanced
health insurance benefits and additional vacation time. In the
City Attorney's office these executive benefits extend only to
the City Attorney and his two deputies. To some extent, these
types of benefits are special considerations to be given to
highly -qualified, long-term employees to reward hard work and
encourage continued employment. In the absence of regular salary
increases, however, extending these kinds of benefits, or some of
them, to selected other employees, could provide financial
incentive for the job and a sense of reward for hard work,
potentially at a more limited cost to the City.
RECONEMMATION NO. 16:
The Committee recommends that benefits and resources
that the City makes available to upper management City
staff should be made available to comparable positions
in the City Attorney's Office on a similar basis.
Consideration should be given to extending some kind of
employment benefit package to ranking employees to
provide financial reward and incentive.
III. Internal Administration of the City Attorney's Office
A. Case assignment and management; case
tracking; assignment and tracking of
non -litigation Iggal assignments.
1. FINDING: Most members of the City
Attorney's office commented that cases
and other legal assignments were
distributed promptly and efficiently
upon arrival in the office; that
assignments were generally made
according to attorney's areas of
expertise and experience; and that the
current method of central assignment
through the city Attorney and his
executive assistant was an arrangement
that provided for centralized control of
assignments and a generally equitable
distribution of work.
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The Committee concludes that central intake of cases and
legal assignments is beneficial; cases are assigned promptly and
a general sense of workload distribution can be derived from that
process. As several attorneys and support staff indicated,
however, the office could benefit from a greater delegation of
supervisory responsibility and authority to the deputies and
chief assistants. It was convincingly suggested that attorneys
in supervisory positions should be placed in a position to
provide more support and assistance to attorneys in their
divisions, particularly newer lawyers who could use closer
supervision. it was felt by several attorneys that the deputies
and chief assistants either were not authorized and encouraged,
or else did not take the initiative, to provide such support.
RECO ATION NO. 17•
The Committee recommends that deputies and chief
assistants be authorized and required to undertake
increased supervisory authority and responsibility.
Responsibilities should include distribution and
monitoring of cases and legal assignments, the
development and implementation of a "team" approach
with newer lawyers, and enhanced opportunities for
communication within divisions about on -going legal
matters in the office and about developing law in the
divisions, respective practice areas.
2. FINDING: For the most part, attorneys
found their workloads to be heavy but
not inequitable. Office caseloads
appear to dictate the addition of
litigators as funds permit.
Support staff in contrast, did not view
their workload as equitably distributed.
The cause was attributed to defects in
the Office management function,
discussed below.
1>:
J
RECOMUMATION NO. 18:
The Committee recommends that as a corollary part of a
City-wide risk management review, a professional
consultant sample litigation pleading files and legal
assignments to assess the status of cases, the
distribution of workload and the ability of lawyers to
prepare cases and provide legal services on a timely
basis. Particular attention should be paid to whether
additional litigators are necessary for the Office to
deliver quality legal services.
3. FINDING: For the most part, the
computerized case and assignment
tracking functionappears accurate and
efficient. Its accuracy will continue
to depend on the accuracy with which
individual attorneys update the status
of their cases and. close files on which
work is complete.
The Committee again suggests that only a review of files by
a professional consultant can verify attorneys' actual workloads
and progress on cases and legal assignments. Again, if a risk
management review is conducted, this corollary aspect would
provide additional useful information about the Office's
operation.
B. Office Management and Staffin
1. FINDING: The Office management function
provided by designated support staff is
universally reported as inadequate.
Both attorneys and legal assistants have
complained that the inadequacies of this
function detract from their ability to
deliver legal services effectively.
4:-
A large number of diverse responsibilities fall within the
overall aegis of the Office management function. Generally, this
function is the responsibility of designated support staff, and
is assigned to deal with day-to-day operation matters,
procurement, payment of Office bills, and secondary supervision
and deployment of legal assistants and other support staff. A
very significant number of complaints were voiced about the
fulfillment of some of those diverse responsibilities.
Uniformly it was reported that this support staff function
is failing to provide basic support necessary to deliver legal
services. For example, attorneys and staff complained that they
were unable to get basic necessary information such as budget
authorization codes; that they received no help with logistics of
the Office; and that the deployment of support staff was
inadequate or even contrary to Office needs. Some lawyers said
that they never knew if they would have a secretary available
while they were in trial because the secretary might be assigned
without notice to some other task such as the switchboard.
Employees said that staffing conflicts were often left
unresolved at the Office management level and that if resolution
became necessary, the conflicts would have to be advanced to the
City Attorney or his executive assistant. While resolution
generally was then achieved, it was universally felt that such
day-to-day matters should not be absorbing the time or attention
of the City Attorney or his executive assistant.
Employees stated that they could obtain no assistance on
employee benefit issues like health insurance questions.
Employees complained of a lack of consideration and
professionalism, including the observation that open paychecks
were left on a desk for pick up by all Office employees, with the
amount of pay for each employee in open view.
Both attorneys and staff commented that there should be a
better, more studied pairing of attorneys and secretaries. Some
also commented that it often seemed that functioning
secretary -attorney relationships were frequently broken up.
RECOMENDATION NO. 19:
The Committee recommends that the City Attorney
restructure the Office management function performed by
41
support staff. If too many diverse responsibilities
are detracting from the support necessary from this
function, responsibilities should be redistributed. If
reassignment of responsibilities cannot cure the entire
problem, consideration must be given better training
for this function or reassignment to other Office
responsibilities.
2. FINDING: There is a wide range of
ability and initiative in support staffing.
Attorneys express concern because many times
they cannot depend on some legal assistants
for more than word processing and typing.
Attorneys complain that some support staff
fail to fulfill their duties responsibly,
noting that some staff have failed to
calendar court hearings, with the
embarrassing result that an attorney misses a
court appointment. Other times the notice of
a deposition and its accompanying subpoena
may have different dates.
Support staff in turn reports an unequal
distribution of workload, with less work
going to those with less ability and
initiative. A number of support staff also
complain of a lack of courtesy, respect and
professionalism from some attorneys. They
expressed a desire for a better sense of
teamwork with their assigned attorneys.
The reported wide range of ability and initiative in support
staff merits attention and improvement. Some attorneys attribute
lack of initiative and effort on the part of support staff to the
civil service protections their positions enjoy. These attorneys
reason that it is more challenging to discipline or discharge
employees who fail to meet work expectations, and so employees
never face disincentives for poor job performance. However,
other attorneys and support staff believe that there has simply
been a failure to discipline - that civil service does not
prevent reasonable discipline and discharge, but the process must
be followed if any results are to occur. Notably, some
4,.
experienced staff thought that civil service protections were
necessary because of the lack of respect extended by some
attorneys.
RECOMENDATION NO. 20:
The Committee recommends that Office leadership
immediately inform all attorneys that professional and
personal courtesy and respect toward support staff is
expected of them as professionals. Failure to extend
appropriate courtesy should detract from otherwise
favorable performance evaluations.
Support staff should be given additional training and
supervision by more experienced personnel, so that they
can provide greater assistance, e.g., helping to
prepare or complete discovery requests.
The ability and initiative of each member of support
staff should be made the subject of in-house review, in
accordance with measurable objective and subjective
jobs performance criteria, with results made known
privately to each member of support staff at the next
available periodic performance evaluation. This review
should take into account the views of the lawyers with
whom each support staff member has worked, a facet of
review that reportedly has not been taken advantage of.
The Committee does not recommend that any effort be
commenced at this time to take support staff positions
out of civil service. The Committee strongly commends
recent City actions removing from union coverage the
confidential positions held by City Attorney Office
support staff. However, until a history of
disciplinary efforts with regard to disappointing
support staff performance has been developed, it is not
possible to determine whether effective discipline has
been foreclosed by the mere availability of civil
service protections.
The Committee here reiterates its recommendations with
respect to the Office management function. The
secondary support staff management function should be
detecting inadequate performance and dealing with it at
early stages. That responsibility appears not to be
functioning and should be the subject of improvement.
C. Internal Office procedures.
3. FINDING: A number of confining and
unnecessary minor office rules and
procedures have developed over the last
several years, with adverse consequence
for Office morale and productivity.
Members of the City Attorney's Office repeatedly and
forcefully stressed that certain generalized office rules had
been instituted to address specific abuses by a few persons, and
that these rules worked to the detriment of morale and Office
effectiveness.
The first of these rules was the "tardiness rule" for
support staff. Under that rule, a support staff member is
allowed only a very few minutes before being marked late to work
and receiving a reprimand in his or her personnel file. No
excuses are permitted, and the employee is not allowed to "make
up" the lost time. The near -irresistible incentive (which many
employees in fact do not resist) is to turn around, go home and
call in sick if circumstances will delay arrival past the
permitted time. Office productivity is thereby impaired.
Unavoidable delays happen to every working person, due to
traffic accidents, inclement weather, sick children, or any
number of other unpredictable and excusable causes. While the
Committee has been told that this rule had its genesis in union
contract, support staff are no longer in union positions. This
rule can be dispensed with to the betterment of the Office.
Individual instances of repeating or unexcused tardiness should
be dealt with on an individual basis.
Another rule of similar ilk is the "sign -in, sign -out"
requirement for attorneys. While they readily acknowledge and
accept their responsibility to be available to clients, to work a
full day, and otherwise to fulfill their job responsibilities,
they view the requirement to explain their whereabouts in writing
for every moment of the workday is belittling, and exhibits a
lack of trust.
In contrast to these rules, the Committee feels that the
issue of whether attorney time sheets are kept is a matter for
the City Attorney's judgment. Some local government law offices
use time sheets profitably, to keep a record of which departments
4 -i
are placing the greatest demand on resources, to budget for
positions, and for other appropriate reasons. Although both
attorneys and staff object to time sheets, and while it may well
be that the form could be streamlined and simplified, it cannot
be concluded that the time sheets should be discontinued, unless
and until it becomes apparent that the information recorded on
them is not being used for some useful purpose.
RECOMK MATION NO. 21:
The Committee recommends that the tardiness rule and
the sign -in, sign -out practice be dispensed with.
Tardiness should be dealt with on an individual basis.
Attorneys and staff should be given the opportunity to
demonstrate that they are making themselves available
and easy to locate to respond to client needs, without
the need for sign -in, sign -out sheets.
CONCLUSION
This report is submitted to the City of Miami Financial
Emergency Oversight Board this 23rd day of January, 1998.
LEGAL AFFAIRS MANAGMENT COMMITTEE
Joni Armstrong Coffey, Esquire
Elizabeth M. Hernandez, Esquire
Jesse J. McCrary, Jr., Esquire
Marion J. Radson, Esquire
4;,
EXHIBITS
Bxhibit
Curricula Vitae of Legal Affairs
Management Committee Members A
Committee Mission Statement and
Objectives B
Written Request for Information from
City of Miami Attorneys Office C
Staff Questionnaire for City Attorney s
Office D
Interview Format for City Attorney's
Office E
City of Miami Charter Provisions F
City of Miami Code Provisions G
Offer to Perform Review of Risk
Management Function H
Salary Survey of Comparable Local Government
Law Offices in Florida I
JONI ARMSTRONG COFFEY has served as an Assistant Dade County
Attorney since 1982.- She is Florida Bar Board Certified in
City, County and Local Government Law. She is past chair of
The Florida Bar City, County and Local Government Law
Section (1996-97) and previously served as chair -elect,
secretary -treasurer, and executive council member. She is
the recipient of the City, County and Local Government Law
Section Outstanding Contribution Award (1994), Legal
Government Ethics Award (1993), and Legal Local Government
Advocacy Award (1992). Ms. Coffey has served on the Florida
Bar Continuing Legal Education Committee (1993-96) and on
Florida Bar Grievance Committee 11E (1989-91). Ms. Coffey
has served as an adjunct professor at Florida International
University (urban planning law and ethics graduate course).
She has served as Dade County Bar Association Government
Relations Committee Chair (1986-87). Publications include
"Substantive and Procedural Law: Overview," Trying and
Settling_ Land -Use Cases, National Judicial College (August
1997); "The Case For Fiscal Home Rule" Florida Bar Journal,
Volume LXXI, No.4 (April 1997); "Appealing a Local
Government Administrative Decision," Florida Bar Journal,
Vol. LXII, No. 5 (May 1988); and numerous other continuing
legal education materials for lawyers and laypersons. Ms.
Coffey received her B.A. summa cum laude in 1976 from
Florida State University, and her J.D. with honors in 1979
from the University of Florida Law School. She served as
Senior Executive Editor and Senior Articles Editor of the
University of Florida Law Review. In 1979-80 she served as
federal judicial law clerk to the Honorable Peter T. Fay,
U.S. Court of Appeals, Fifth Circuit.
ELIZABETH M. HERNANDEZ has served since January 1, 1995 as
City Attorney for the -City of Coral Gables, Florida, and is
Florida Bar Board Certified in City, County and Local
Government Law. Prior to that time she was a partner at the
law firm of Akerman, Senterfitt & Eidson in Miami, Florida,
serving as a civil trial litigator in all aspects of
municipal liability, insurance coverage, personal injury and
products liability. She also headed the zoning and worker's
compensation practice of the Miami office of the firm. From
1983 through 1985, Ms. Hernandez served as an attorney for
Legal Services of Greater Miami, Inc. Publications and
lectures include appearances before The Florida Bar City,
County and Local Government Section Annual Florida Law
Seminar (civil rights lecture); the South Florida Planning
and Zoning Association, 1995, 1996, 1997 (land use law);
American Bar Association --Local Government Law Section,
1993, 1994 (impact of ADA on local governments); Training
Manual for all attorneys in the Public Benefits Section of
Legal Services of Greater Miami, _Inc., 1985. Ms. Hernandez
has served as a member of the Miami -Dade County Public
Nuisance Abatement Board (1993-present); member, Board of
Directors, South Miami Hospital; United Way Trustee;
Advisory Council to Association for Retarded Citizens, board
member; American Bar Association, Local Government Law
Section Co -Chair (1992-95); Legal Services of Greater Miami,
Inc., board member (1988-90); Legal Services Board of The
Florida Bar (1990-94). Ms. Hernandez received her B.A. from
Florida International University in 1980 and her J.D. from
the University of Florida Law School in 1983.
JESSE J. MCCRARY, JR. is a partner of the law firm of
McCrary and Mosley.- -In 1978, Mr. McCrary served as the
State of Florida's 19th Secretary of State. A recipient of
numerous awards, Mr. McCrary has been three times honored as
Outstanding in Florida by the Florida Chapter of the
National Bar Association; has twice been named as one of the
outstanding young men of America; was listed in the 1987
edition of the Best Lawyers in America; has received awards
for outstanding contributions to Florida's Constitution
Revision Commission; and has been the recipient of the
National Bar Association's Gertrude E. Rush Award and the
Charles Whited Spirit of Excellence Award. Mr. McCrary is a
member of the Board of Trustees of Florida Memorial College;
a member of the Board of Directors of the Florida
Residential Property and Casualty Joint Underwriting
Association; Chairman of the Board of Directors of the James
E. Scott Community Association; and is active in The Florida
Bar and the National Bar Association. In 1969 Mr. McCrary
represented the State of Florida before the United States
Supreme Court in the case of Williams v. State, a case that
established the right to have a jury of less that 12
persons. In 1985, Mr. McCrary successfully argued Neal v.
State before the Supreme Court of Florida, a case that
changed the law in Florida by forbidding the State to
discharge jurors on the basis of race alone. Mr. McCrary
received his J.D. from Florida A. and M. University's
College of Law and has lectured extensively at law schools
throughout the United States, including Southern University,
the University of Florida, Notre Dame and Texas Southern
College of Law.
MARION J. RADSON is the City Attorney for Gainesville,
Florida, a position -he has held since October, 1985.
Previously, he served as the Deputy and Assistant City
Attorney in Gainesville and Pompano Beach, Florida. He was
graduated from the University of Florida in 1971 and
received his J.D. from its College of Law in 1973. He is
Florida Bar Board Certified in City, County and Local
Government Law. He is currently chair of the City, County
and Local Government Law Section of The Florida Bar, and
previously served as chair -elect, secretary -treasurer and an
executive council member of that Section. Mr. Radson
previously served on The Florida Bar Certification Committee
for City, County and Local Government Law. He has also
served on The Florida Bar Continuing Legal Education
Committee. He received the 1995 Ralph A. Marsicano Award,
the 1994 Paul S. Buckman Award, and the 1993 Legal Ethics
Award from the City, County and Local Government Law
Section. In 1994, he received the Webber Seavey Award from
the International Association of Chiefs of Police in
recognition for the drafting and successful defense of a
local government ordinance regulating the safe operation of
convenience food stores.
0
ml
CITY OF MIANI
Financial Emergency Oversight Board
Legal Affairs Management Committee
MISSION:
To conduct a local government practitioner's review of the
operations of the City of Miami Attorney's Office in order
to provide a report to the City of Miami Financial Emergency
Oversight Board.
OBJECTIVES:
1. To determine general compliance by the City of Miami
Attorney's Office with applicable federal and state
statutes, the City Charter, the City Code of Ordinances, and
the Code of Professional Responsibility (including the Code
of Ethics for Public Officers and Employees);
2. To determine general compliance by the City of Miami
Attorney's Office with applicable city-wide and internal
office policies and procedures;
3. To determine the general level of effectiveness and
efficiency of the City of Miami Attorney's Office, including
ability to interact and cooperate effectively with other
branches of city government;
4. To identify and suggest any possible areas for improvements
to the operations of the City of Miami Attorney's Office;
and
5. To identify any restrictions on the operations of the City
of Miami Attorney's Office, either in city policy, procedure
or code, that differ materially from most other local
government law offices in Florida, or that materially impede
the effective representation of the City of Miami by the
City of Miami Attorney's Office.
C
I. STRUCTURE OF THE OFFICE
A. Attorneys
1. How many attorneys are currently in the office?
How many attorneys were in the office in each of
the years 1993-1996?
2. For each attorney currently in the office, please
list:
a. name and title or classification;
b. tenure with the office;
C. a description of local government law
experience;
d. a description of areas of expertise;
e. a description of current responsibilities
including assignments to City boards, agencies
and departments; and
f. a description of any previously held
responsibilities.
3. Please describe the organization of the attorneys
in the office, including a description of the
supervisory responsibilities of deputy city
attorney(s) and chief assistant city attorney(s).
4. Please provide a copy of any written job
descriptions for attorneys in the office, and a
copy of each employment contract for every
attorney in the office employed under contract.
5. Please provide a copy of the current salary
structure for the attorneys in the office. Please
list all salary raises for each attorney in the
office for the period 1993-1996.
6. Please list all other types of compensation and
benefits for each attorney in the office,
including but not limited to pension benefits
other than Florida Retirement System benefits; car
and cellular telephones or cash allowances for
those items; and annual, sick and other leave
benefits.
7. Is any attorney covered by civil service
protection or union contract? If so, please
indicate which positions are covered and the
nature and source of such coverage.
B. Paralegals.
1. How many paralegal are currently in the office?
How many paralegals were in the office in each of
the years 1993-1996?
2. For each paralegal currently in the office, please
list:
a. name and title or classification;
b. tenure with the office;
c. a description of paralegal training and both
before coming to the office and subsequently;
d. a description of areas of expertise;
e. a description of current responsibilities; and
f. a description of any previously held
responsibilities and any responsibilities other
than paralegal duties.
3. Please describe the organization and supervision
of paralegals in the office. Please indicate
whether paralegals are assigned to individual
attorneys. If so, please indicate the attorney
assignment for each paralegal for the years 1993 -
present.
4. Please provide a copy of any written job
descriptions for paralegals in the office.
5. Please provide a copy of the current salary
structure for the paralegals in the office. Please
list all salary raises for each paralegal in the
office for the period 1993-1996.
6. Please list all other types of compensation and
benefits for each paralegal in the office,
including but not limited to pension benefits
other than Florida Retirement System benefits; car
and cellular telephones or cash allowances for
those items; and annual, sick and other leave
benefits.
7. Is any paralegal covered by civil service
protection or union contract? If so, please
indicate which positions are covered and the
nature and source of such coverage.
2
[9]
TO: All Staff, City of Miami Attorney's Office
FROM: Legal Affairs Management Committee
City of Miami Financial Emergency Oversight Board
DATE: May 21, 1997
SUBJECT: Staff Questionnaire
The Legal Affairs Management Committee invites your comments
in the process of its review of the operations of the City of
Miami Attorney's Office. The attached questionnaire is designed
to elicit your views on the strengths of the office and on areas
in which you believe operations might be enhanced. Unless you
choose to disclose your name, your remarks will be submitted and
considered anonymously.
Please mail your response no later than May 30, 1997 to the
following Committee member:
Marion Radson
City Attorney
City of Gainesville Law Department
P.O. Box 1110
Gainesville, Florida 32602-1110
A pre -addressed, postage -paid envelope is attached for your
convenience.
We greatly appreciate your time, interest and assistance.
J ni Armstron d C ekX
Legal Affairs anage nt Committee
OIIESTIONNAIRE
1. How long is your tenure with the City of Miami Attorney's
office? Check on of the following!
under two years
two to five years
over five years
2. Please indicate whether you are an attorney or other
employee.
3. What do you believe are the strengths of the office? Please
address as many of the following areas as you feel qualified
to address:
physical plant (office location and
arrangement, telephone and computer systems,
library and legal research, etc.);
- . type and variety of work;
quality of work;
experience and ability of particular
individuals;
camaraderie;
salary, compensation and benefits;
job security;
performance evaluation process;
relations with client departments, boards and
agencies;
quality of guidance and supervision;
opportunities for enhanced training,
continuing legal education, and professional
organization activities;
work hours;
2
independence afforded you to get your work
done; and
other.
4. Please describe any impediments to the efficient operation
of the office that are imposed by rules, regulations or
other departments or agencies.
5. Please describe any changes you would institute to enhance
the operations of the office.
3
E
INTERVIEW FORMAT - CITY OF MIAMI ATTORNEY'S OFFICE
INTRODUCTION (by the Committee members)
Describe the Committee and yourself.
- Describe the interview process; explain that this process not an individual performance
evaluation.
Indicate that while there is no privilege for our communications, the Committee does not
intend to attach any names to any comments, comments will be summarized. Show the
interviewee the summary chart of the responses to the Questionnaire, as well as the
Committee member's worksheet.
I. PROCESS FOR REVIEW OF CITY ATTORNEY'S OFFICE
- What do you understand to be the purpose of this process?
- What do you expect from the process?
- Have you been told anything about what to expect from the process?
- Did you answer the staff questionnaire?
If so, do you feel the questions posed addressed your concerns and the input you
would like to make?
If not, why not?
If you were assigned to undertake a review, what process would you undertake?
What do you hope to gain from this review?
II. GENERAL OVERVIEW OF CITY ATTORNEY'S OFFICE
- Do you believe that the City Attorney's Office provides a valuable function for the City?
If so, please describe the Office's contribution to the City.
If not, how would you deal with the City's legal issues?
Are there any changes you would make to improve operations if you were in a position to
do so?
III. ADMINISTRATION OF THE CITY ATTORNEY'S OFFICE
A. ORGANIZATION AND OPERATION
Describe how the City Attorney's Office is organized.
- Describe the process for making work assignments.
Does this assignment process work effectively?
Describe how the City Attorney's Office is managed.
- Are personnel resources appropriately deployed?
Does the Office enjoy good teamwork?
Do members of the Office have a formalized process for communication about important
current issues in the Office?
Please describe the effectiveness of any informal communication about current issues in
the Office.
nix:c,,ar ro-.ern1
Interview Format - C. 'Miami Attornev's Office
Page 2
Please comment on tenure of employees in the Office versus turnover.
Compare recent turnover to turnover in prior periods.
If there is a different in turnover rates, please indicate what factors you believe
have caused the difference.
Do you believe that the leadership in the Office is effective in causing the City Attorney's
Office to fulfill its mission?
Is leadership in the Office ever subjected to influences from outside the Office that
detract from effective fulfillment of the mission of the City? If so, please describe.
- Do you believe that the City Attomey's Office is adequately funded?
- If additional financial resources were provided, how would you deploy them?
- If you were in charge of the Office today, would you deploy the currently available
financial resources differently?
- Do outside influences ever adversely impact the amount of financial resources
available to the City Attorney's Office?
- Do outside influences ever influence the deployment of financial resources inside
the Office?
Do you believe that there is adequate training and supervision, including continuing legal
education, of employees in the City Attorney's Office?
Is there opportunity for cross -training?
Do you feel effective in your job?
Are there other resources besides those you currently have that you need to do a
more effective job?
B. RELATIONSHIP WITH CITY COMMISSION AND CLIENT
DEPARTMENTS
- How do you perceive the professional and personal relationship to be between the City
Commission and the City Attorney's Office?
- Does the City Commission allow the City Attorney's Office to function as a professional
office free from undue political pressure?
- Is an objective recommendation provided by the City Attorney's Office before any
proposed settlement of a pending claim or pending litigation is placed on the City
Commission agenda for consideration?
- Do City Commission members have frequent contact with members of the Office?
For what reason or reasons might there be frequent contact?
- How do you perceive the professional and personal relationship to be between the City
Manager, the client departments, and the City Attorney's Office?
Please describe the working relationship with the following departments with
particularity:
Risk Management
Police
Fire
Planning and Zoning.
Interview Format - C if :Miami Attornev's Office
Page 3
IV. IMPEDIMENTS OR LIMITATIONS THAT IMPEDE FULFILLING THE
OFFICE'S MISSION.
Are you aware of any code provisions, city policies, or internal office policies that hamper
the effective provision of legal services by the City Attorney's Office?
If so, how would you modify the code provision or policy?
Are you aware of any revenue sources, i.e., collection of debt or generation of revenue,
presently available to the City, the collection of which has not been effected by the City
Attorney's Office?
What impediments are preventing obtaining revenue from the City through those
sources? Consider the following potential revenue sources:
bonds and recovery thereunder,
purchasing and bid requirements,
lease revenues,
- liquidated damages,
- subrogation,
- superpriority liens for City services provided,
- Special Disability Trust Fund (workers' compensation).
V. IS THERE ANYTHING THAT WE HAVE NOT ASKED THAT YOU FEEL
WOULD ASSIST THE COMMITTEE'IN FULFILLING ITS ASSIGNMENT?
VI. REVIEW RESPONSES TO STAFF QUESTIONNAIRE.
INTERVIEW FORMAT - CITY OF MIAMI ATTORNEY'S OFFICE
INTRODUCTION (by the Committee members)
Describe the Committee and yourself.
Describe the interview process; explain that this process not an individual performance
evaluation.
Indicate that while there is no privilege for our communications, the Committee does not
intend to attach any names to any comments; comments will be summarized. Show the
interviewee the summary chart of the responses to the Questionnaire, as well as the
Committee member's worksheet.
I. PROCESS FOR REVIEW OF CITY ATTORNEY'S OFFICE
What do you understand to be the purpose of this process?
What do you expect from the process?
Have you been told anything about what to- expect from the process?
- Did you answer the staff questionnaire?
If so, do you feel the questions posed addressed your concerns and the input you
would like to make?
If not, why not?
If you were assigned to undertake a review, what process would you undertake?
What do you hope to gain from this review?
II. GENERAL OVERVIEW OF CITY ATTORNEY'S OFFICE
Do you believe that the City Attorney's Office provides a valuable function for the City?
If so, please describe the Office's contribution to the City.
If not, how would you deal with the City's legal issues?
Are there any changes you would make to improve operations if you were in a position to
do so?
III. ADMINISTRATION OF THE CITY ATTORNEY'S OFFICE
A. ORGANIZATION AND OPERATION
Describe how the City Attorney's Office is organized.
Describe the process for making work assignments.
Does this assignment process work effectively?
Describe how the City Attorney's Office is managed.
Are personnel resources appropriately deployed?
Does the Office enjoy good teamwork?
Do members of the Office have a formalized process for communication about important
current issues in the Office?
Please describe the effectiveness of any informal communication about current issues in
the Office.
Pi?f :ct1.4C1 /0-.1-Of
Interview Format - Cit Miami Attorney's Office
Page 2
Please comment on tenure of employees in the Office versus turnover.
Compare recent turnover to turnover in prior periods.
If there is a different in turnover rates, please indicate what factors you believe
have caused the difference.
Do you believe that the leadership in the Office is effective in causing the City Attorney's
Office to fulfill its mission?
Is leadership in the Office ever subjected to influences from outside the Office that
detract from effective fulfillment of the mission of the City? If so, please describe.
Do you believe that the City Attorney's Office is adequately funded?
- If additional financial resources were provided, how would you deploy them?
- If you were in charge of the Office today, would you deploy the currently available
financial resources differently?
- Do outside influences ever adversely impact the amount of financial resources
available to the City Attorney's Office?
- Do outside influences ever influence -the deployment of financial resources inside
the Office?
Do you believe that there is adequate training and supervision, including continuing legal
education, of employees in the City Attorney's Office?
Is there opportunity for cross -training?
Do you feel effective in your job?
Are there other resources besides those you currently have that you need to do a
more effective job?
B. RELATIONSHIP WITH CITY COMMISSION AND CLIENT
DEPARTMENTS
How do you perceive the professional and personal relationship to be between the City
Commission and the City Attorney's Office?
Does the City Commission allow the City Attorney's Office to function as a professional
office free from undue political pressure?
Is an objective recommendation provided by the City Attorney's Office before any
proposed settlement of a pending claim or pending litigation is placed on the City
Commission agenda for consideration?
Do City Commission members have frequent contact with members of the Office?
For what reason or reasons might there be frequent contact?
How do you perceive the professional and personal relationship to be between the City
Manager, the client departments, and the City Attorney's Office?
- Please describe the working relationship with the following departments with
particularity:
Risk Management
Police
Fire
Planning and Zoning.
Interview Format - C, f .Miami Attorney's Ofi ice
Page 3
IV. IMPEDIMENTS OR LIMITATIONS THAT IMPEDE FULFILLING THE
OFFICE'S MISSION.
Are you aware of any code provisions, city policies, or internal office policies that hamper
the effective provision of legal services by the City Attorney's Office?
If so, how would you modify the code provision or policy?
Are you aware of any revenue sources, i.e., collection of debt or generation of revenue,
presently available to the City, the collection of which has not been effected by the City
Attorney's Office?
What impediments are preventing obtaining revenue from the City through those
sources? Consider the following potential revenue sources. -
bonds and recovery thereunder,
purchasing and bid requirements,
lease revenues,
- liquidated damages,
- subrogation,
- superpriority liens for City services provided,
- Special Disability Trust Fund (workers' compensation).
V. IS THERE ANYTHING THAT WE HAVE NOT ASKED THAT YOU FEEL
WOULD ASSIST THE COMMITTEE IN FULFILLING ITS ASSIGNMENT'
VI. REVIEW RESPONSES TO STAFF QUESTIONNAIRE.
(b) To appoint and remove, except as herein
provided, all directors of the departments
and all subordinate officers and employees
in the departments in both the classified
and unclassified service; all appointments
to be upon merit and fitness alone, and in
the classified service all appointments and
removals to be subject to the civil service
provisions of this charter.
(c) To exercise control over all departments
and divisions created herein or that may be
hereafter created by the commission.
(d) To attend all meetings of the commission
with the right to take part in the discussion
but having no vote.
(e) To recommend to the commission for adop-
tion such measures as he may deem neces-
sary or expedient.
019
new police chief, the advisory group is a "board" within the
meaning of F.S. J 286.011, the city manager is an "agency"
within the meaning of said statute, and meetings of the
advisory group must be open meetings pursuant to said
statute. State v Krause, 47 Fla. Supp. 36, affd Krause v
Reno, 366 So. 2d 1244.
Sec. 17. Same —Examination of affairs of de-
partments, officers or employees.
The city manager may, without notice, cause
the affairs of any department or the conduct of
any officer or employee to be examined. Any
person or persons appointed by the city manager
to examine the affairs of any department or the
conduct of any officer or employee shall have the
same right to require the attendance of witnesses
and production of books and papers and other
evidence as is conferred upon the commission by
this charter.
(f) To keep the commission fully advised as to
the financial condition and needs of the Sec. 1& ]Departments established'
city; and
(g) To perform such other duties as may be
prescribed by this charter or be required of
him by ordinance or resolution of the com-
mission.
Editor's note —As to removal and suspension of chief of
police, see annotation to charter $ 26.
Case law reference —It was the intention of the legisla-
ture to make the city manager at all times hold office subject
to the will of the commission upon whom rested the adminis
trative affairs of the city government, which could be speedily
checked and corrected if necessary st the will of the commis -
awn by a change in the office of the city manager. State v.
Bloodworth, 134 Fla. 369, 184 So. 1.
Subsection W--The phrase "except as herein provided,"
employed in subsection (b) of this section, qualifies or limits
every provision of the city charter providing for removals in
specific cases, and such other provisions must be construed
with the subsection. Bryan v Landis,106 Fla. 19,142 So. 650.
The city manager has no summary power of appointment
under civil service rules, and all appointments and promotions
by the city manager must be within the requirements of such
rules. Bloodworth v Suggs, 60 So. 2d 768.
Police officers may be demoted during probationary period
after accepting probationary promotion in rank. Clarke v. City
of Miami, 81 So. 2d 217.
The city manager is not required as a matter of law to
promote civil service employees when a vacancy occurs. His
refusal to fill vacancies due to economic conditions is a matter
within his discretion. City of Miami v Elmore,131 So. 2d 517.
.Where city manager opts to utilize advisory group to
directly assist him in the decision -making process to select a
The following administrative departments are
hereby established by this charter.
(1) Department of law.
(2) Department of public service.
(3) Department of public welfare.
(4) Department of public safety.
(5) Department of finance.
Sec. 19. Creation of new departments; dis-
continuance of departments.
The commission may, by ordinance adopted by
vote of at least three members of the commission,
create new departments or discontinue any de-
partment and determine, combine, and distribute
the functions and duties of departments and
subdivisions thereof.
(Laws of Fla., ch. 21391(1941))
*Note —Pursuant to authority granted in section 19 of this
charter, the departments of public service, public welfare and
public safety have been 'discontinued and numerous new
departments have been crested by ordinance. The user's
attention is directed to eh. 2 of the Code of Ordinances for
existing departmenta'and functions thereof.
CHM19
¢ 19-A
Sec. 19•A. Authority to create and discon-
tinue departments by ordinance
not limited by other charter pro-
visions.
The force and effect of any ordinance passed
and adopted pursuant to this act shall not be
limited, subject to, or controlled by, any limita-
tions, definitions, or delegations of power, author-
ity, duties or functions in other sections of the
charter of the City of Miami.
(Laws of Fla., ch. 21391(1941))
Sec. 2& Directors of departments.
The city manager shall appoint a director for
each department and, in his discretion, may con-
solidate two departments under one director. Each
such director shall serve until removed by the city
manager or until his successor has been ap-
pointed and qualified, shall conduct the affairs of
his department in accordance with rules and
regulations made by the city manager, shall be
responsible for the conduct of the officers and
employees of his department, for the performance
of its business, and for the custody and preserva-
tion of the books, records, papers and property
under its control, and, subject to the supervision
and control of the city manager in all matters,
shall manage the department. None of the provi-
sions of this section, however, shall be applicable
to the department of law or to the department of
water and sewers.*
(Laws of Fla., ch. 21388(1941))
Sec. 21. Department of law.
The city attorney shall be the director of the
department of law and an attorney -at -law admit-
ted to the practice in the State of Florida. He shall
be the legal advisor of and attorney and counsel
for the city, and for all officers and departments
thereof in matters relating to their official duties.
He shall prosecute and defend all suits for and in
behalf of the city, and shall prepare all contracts,
bonds and instruments in writing in which the
city is concerned and shall endorse on each his
approval of the form and correctness thereof.
'Note.—lranster of the operations of the ciWs department
water and sewn to Metropolitan Dade County was autho-
ed by Res. No. 73-225, adopted March 22, 1973.
The city attorney shall be the prosecuting at-
torney of the municipal court. He shall have such
number of assistants as the commission by ordi-
nance may authorize. He shall prosecute all cases
brought before such court and perform the same
duties, so far as they are applicable thereto, as are
required of the prosecuting attorney of the county.
When required to do so by the resolution of the
commission, the city attorney shall prosecute or
defend for and in behalf of the city all complaints,
suits and controversies in which the city is a
party, and such other suits, matters and contro-
versies as he shall, by resolution or ordinance, be
directed to prosecute or defend.
The commission, the city manager, the director
of any_ department, or any officer or board not
included within a department, may require the
opinion of the city attorney upon any question of
law involving their respective powers and duties.
The city attorney shall be a full-time govern-
mental employee; shall not engage in the private
practice of law; and upon his election by the city
commission shall serve until the time for the
election of the city officials specified in section 4(c)
of the charter which follows the next general
municipal election. (Char. Amend. No. 1, 11-6-73)
Sec. 22. Department of public service.
Editor's note --Pursuant to authority granted in 6 19 of
this charter, the department of public service has been discon-
tinued. The user's attention is directed to ch. 2 of the Code of
Ordinances for departments performing functions formerly
assigned to this department.
Sec. 22-A. Department of water and sewers;
water and sewer board.
Editor's note•—Pumant to Res. No. 73-225, adopted March
22, 1973, the city manager was authorized and directed to
execute an agreement for transfer of the operations of the
city's department of water and sewers to Metropolitan Dade
County. At the direction of the city, $ 22 A, added to the charter
by Laws of Fla., ch. 21388(1941), and amended by Laws of
Fla, ch. 23400(1945), and Laws of Fla, ch. 24702(1947), is not
set forth herein.
Sec. 22-B. Department of public welfare.
Editor's note —Pursuant to authority granted in ¢ 19 of
this charter, all powers and dutiesgranted by this section to
the department of public welfare have by ordinance been
transferred to other departments within the city. See ch. 2 of
the Code of Ordinances for present departmental functions.
CHT:20
640
CHARTER AND RELATED LAWS
be approved unless it clearly gives an accurate
description of the property showing section cor-
ners or quarter -section corners or at least tying
the property to one or more sections or quarter -
section corners or government monuments.
(b) Supervisor of plats. The director of public
works shall be supervisor of plats of the city and
shall provide regulations governing the platting
of all lands so as to require all streets and alleys
to be of proper width, to be coterminous with
adjoining streets and alleys, and otherwise to
conform to the regulations prescribed. Whenever
said director shall deem it expedient to plat any
portion of territory within the city limits, within
which the necessary streets or alleys have not
already been accepted by the city, so as to become
public streets or alleys, or when any person plats
land within the corporate limits or within two
miles thereof, the director of public works shall, if
such plats are in accordance with the prescribed
regulation, endorse his or her written approval
thereon. No plat subdividing lands within the
corporate limits of the city or within two miles
thereof shall be entitled to record in the office of
the clerk of the circuit court in and for Dade
County, Florida, without such written approval.
(c) Streets or alleys not accepted unless laid
down on plat. No streets or alleys except those
laid down on the plats referred to in this section
and bearing the approval of the director of public
works, as hereinbefore provided for, shall subse-
quently in any way be accepted as public streets
or alleys by the city, nor shall any public funds be
expended in the repair or improvement of streets
and alleys subsequently laid out and not on such
plat. This restriction shall not apply to a street or
alley laid out by the city nor to streets, alleys, or
public grounds laid out on a plat by or with the
approval of the director of public works.
(d) Acceptance and confirmation of street or
alley dedication. No streets or alleys hereafter
dedicated to public use by the owner of ground in
the city shall be deemed a public street or alley, or
under the care and control of the commission,
unless the dedication be provided in the plat or by
warranty deed or other instrument of grant; un-
less the grant be accepted and confirmed by
resolution passed for that purpose; and unless the
provisions of this charter relating to subdivisions
shall have been complied with.
Sec. 4L Conduct of a city business; compen-
sation, duties, and oaths of officers
and employees.
(a) Books and records. All books, records, and
documents used by any city officer in his (or her]
office or pertaining to his for her] duties shall be
deemed the property of the city, and the chief
officer in charge of such office shall be responsible
therefor. Any such officer or person made by this
section responsible for the keeping of such books,
records, and documents shall, within three days
after the end of his or her term of office, or within
three days after the date of his or her resignation
or removal from office, as the case may be, deliver
to the city clerk or to his or her successor in office
all such books, records, and documents. Any such
officer or person failing to deliver such books,
records or documents as required by this section
shall be deemed guilty of an offense against the
city, and upon conviction thereof shall be fined not
more than $500 or imprisoned for a period not
exceeding 60 days.
(b) Office hours; availability of books and records.
The commission is hereby authorized and empow-
ered, by appropriate ordinance, to fix the days
and hours during which all public offices of the
city shall be kept open for business. All books and
records of every office and department shall be
open to the inspection of any citizen at any time
during such business hours, subject to the proper
rules and regulations for the efficient conduct of
the business of such department or office.
(c) Bonds of officers. Except in the case of
officers whose bonds are specifically provided for
by this charter, the commission shall determine,
by resolution, whether officers, clerks, or employ-
ees shall give bond and, if so, the amount or
penalty thereof. All officers required by this char-
ter to give bond, and all officers, clerks, and
employees of whom bond is required by the com-
mission shall before entering upon their respec-
tive duties give bond with surety to be approved
by the commission, conditioned on the faithful
performance of the duties of their respective of-
CHT.58
fices. Such bonds, unless otherwise specifically
provided by this charter, shall be payable to the
city and shall provide such penalty as the com-
mission may by resolution prescribe. The commis-
sion shall accept as surety on any such official
bond a good, solvent surety company authorized
to do business in the State of Florida. The pre-
mium on any such bond shall be paid by the city.
Unless otherwise specifically provided in this
charter, all such bonds shall be filed with and
preserved by the city clerk.
(d) Compensation of offikers and employees. The
commission shall fix by ordinance the compensa-
tion of the city manager, heads of departments,
municipal judges and the city clerk.. The city
manager shall fix the number and salaries or
compensation of all other officers and employees.
The salaries or compensations so fixed shall be
uniform for like service in each grade of the
service as the same shall be graded or classified
by the city manager in accordance with the rules
and regulations adopted by the civil service board.
All fees and moneys received or collected by
officers and employees shall be paid into the city
treasury.
Case law reference —Peremptory writ of mandamus held
irnproper to compel the city manager to grant increases in
salaries of police officers m accordance with resolution of city
commission authorizing such increases where refusal of city
manager to grant the authorized increases was "uniform for
like service in each grade of the service ...." Reese v Golden,
209 So. 2d 490.
(e) Oath of office. Every officer of the city shall,
before entering upon the duties of office, take and
subscribe to an oath or affirmation, to be filed and
kept in the office of the clerk, that he or she will
support, protect, and defend the constitution and
laws of the United States and of the State of
Florida and in all respects faithfully discharge the
duties of the office.
M Clerk may administer oaths. The city clerk
of the City of Miami, Florida, shall have the
power and is hereby authorized to administer
oaths.
Sec. 42. Power to appoint boards or commis-
sions of citizens.
, The commission may, at the request of the city
manager, appoint boards or commissions, to be
§ 43
composed of such number of citizens as -the com-
mission may deem expedient to act in an advisory
capacity in conjunction with any one or more of
the departments created or authorized hereby.
The members of all such boards and commissions
shall serve without compensation, and may be
removed at any time by a majority vote of the
commission.
Sec. 43. Continuity.
(a) All city ordinances, resolutions, and regula-
tions in force at the time this charter takes effect,
and not inconsistent with the provisions hereof,
are hereby continued in force until the same shall
be duly amended or repealed.
(b) Present of fixers and powers. All persons
holding office in or employed by the city at the
time this charter goes into effect shall continue in
such office or employment and in the performance
of their duties until provisions shall have been
otherwise made in accordance with the provisions
of this charter for the performance or discontinu-
ance of the duties of any such office or employ-
ment. When such provisions are made the term of
any such officer shall expire, and the office shall
be abolished. The powers which are conferred and
the duties which are imposed upon any officer,
board, commission, or department of the city
under the laws of the state, shall, if such officer,
board, commission, or department is abolished by
this charter, be thereafter exercised and dis-
charged by the officer, board, or department upon
whom are imposed corresponding functions, du-
ties, and powers under the provisions of this
charter. , _ _
(c) Present contracts and proceedings. All rights,
actions, proceedings, prosecutions, and contracts
of the city or of any of its departments or officers,
pending or unexecuted when this charter goes
into effect, and not inconsistent therewith, shall
be enforced, continued, or completed, in all re-
spects, as though begun or executed hereunder.
(d) Present titles and rights. The title, rights,
and ownership of property, uncollected taxes, dues,
claims, judgments, decrees, and choses in action
held or owned by the city at the time of the
CHT:59
(b) To appoint and remove, except as herein
provided, all directors of the departments
and all subordinate officers and employees
in the departments in both the classified
and unclassified service; all appointments
to be upon merit and fitness alone, and in
the classified service all appointments and
removals to be subject to the civil service
provisions of this charter.
(c) To exercise control over all departments
and divisions created herein or that may be
hereafter created by the commission.
(d) To attend all meetings of the commission
with the right to take part in the discussion
but having no vote.
(e) To recommend to the commission for adop-
tion such measures as he may deem neces-
sary or expedient.
$19
new police chief, the advisory group is a "board" within the
meaning of F.S. J 286.011, the city manager is an "agency"
within the meaning of said statute, and meetings of the
advisory group must be open meetings pursuant to said
statute. State v Krause, 47 Fla. Supp. 36, afpd Krause v.
Reno, 366 So. 2d 1244.
Sec. 17. Same —Examination of affairs of de-
partments, officers or employees.
The city manager may, without notice, cause
the affairs of any department or the conduct of
any officer or employee to be examined. Any
person or persons appointed by the city manager
to examine the affairs of any department or the
conduct of any officer or employee shall have the
same right to require the attendance of witnesses
and production of books and papers and other
evidence as is conferred upon the commission by
this charter.
(f) To keep the commission fully advised as to
the financial condition and needs of the Sea M (Departments established.*
city, and
(g) To perform such other duties as may be
prescribed by this charter or be required of
him by ordinance or resolution of the com-
mission.
Editor's note —As to removal and suspension of chief of
police, see annotation to charter f 26.
Case law referenee--It was the intention of the legisla-
ture to make the city manager at all times hold office subject
to the will of the commission upon whom rested the adminis
trative affairs of the city government, which could be speedily
checked and corrected if necessary st the will of the commis-
sion by a change in the office of the city manager. State v
Bloodworth, 134 Fla. 369, 184 So. 1.
Subsection W —Tbe phrase "except as herein provided,"
employed in subsection (b) of this section, qualifies or limits
every provision of the city charter providing for removals in
specific cases, and such other provisions must be construed
with the subsection. Bryan v Landis,106 Fla. 19,142 So. 650.
The city manager has no summary power of appointment
under civil service rules, and all appointments and promotions
by the city manager must be within the requirements of such
rules. Bloodworth v Suggs, 60 So. 2d 768.
Police officers may be demoted during probationary period
after accepting probationary promotion in rank. Clarke v. City
of Miami, 81 So. 2d 217.
The city manager is not required as a matter of law to
promote civil service employees when a vacancy occurs. His
refusal to fill vacancies due to economic conditions is a matter
within his discretion. City of Miami v. Elmore,131 So. 2d 517.
.where city manager opts to utilize advisory group to
directly assist him in the decision -making process to select a
The following administrative departments are
hereby established by this charter:
(1) Department of law.
(2) Department of public service.
(3) Department of public welfare.
(4) Department of public safety.
(5) Department of finance.
Sea 19. Creation of new departments; dis-
continuance of departments.
The commission may, by ordinance adopted by
vote of at least three members of the commission,
create new departments or discontinue any de-
partment and determine, combine, and distribute
the functions and duties of departments and
subdivisions thereof.
(Laws of Fla., ch. 21391(1941))
*Note —Pursuant to authority granted in section 19 of this
charter, the departments.of public service, public welfare and
public safety have been 'discontinued and numerous new
departments have been created by ordinance. The user's
attention is directed to ch. 2 of the Code of Ordinances for
existing departmentsand functions thereof.
CHT:19
$ 19-A
Sec. 19-A. Authority to create and discon-
tinue departments by ordinance
not limited by other charter pro-
visions.
The force and effect of any ordinance passed
and adopted pursuant to this act shall not be
limited, subject to, or controlled by, any limita-
tions, definitions, or delegations of power, author-
ity, duties or functions in other sections of the
charter of the City of Miami.
(Laws of Fla., ch. 21391(1941))
Sec. 20. Directors of departments.
The city manager shall appoint a director for
each department and, in his discretion, may con-
solidate two departments under one director. Each
such director shall serve until removed by the city
manager or until his successor has been ap-
pointed and qualified, shall conduct the affairs of
his department in accordance with rules and
regulations made by the city manager, shall be
responsible for the conduct of the officers and
employees of his department, for the performance
of its business, and for the custody and preserva-
tion of the books, records, papers and property
under its control, and, subject to the supervision
and control of the city manager in all matters,
shall manage the department. None of the provi-
sions of this section, however, shall be applicable
to the department of law or to the department of
water and sewers.*
(Laws of Fla., ch. 21388(1941))
Sec. 21. Department of law.
The city attorney shall be the director of the
department of law and an attorney -at -law admit-
ted to the practice in the State of Florida. He shall
be the legal advisor of and attorney and counsel
for the city, and for all officers and departments
thereof in matters relating to their official duties.
He shall prosecute and defend all suits for and in
behalf of the city, and shall prepare all contracts,
bonds and instruments in writing in which the
city is concerned and shall endorse on each his
approval of the form and correctness thereof.
*Note —Transfer of the operations of the city's department
f water and sewers to Metropolitan Dade County was autho-
zed by Res. No. 73-225, adopted March 22, 1973.
13 o 34 PF4N V N1
The city attorney shall be the prosecuting at-
torney of the municipal court. He shall have such
number of assistants as the commission by ordi-
nance may authorize. He shall prosecute all cases
brought before such court and perform the same
duties, so far as they are applicable thereto, as are
required of the prosecuting attorney of the county.
When required to do so by the resolution of the
commission, the city attorney shall prosecute or
defend for and in behalf of the city all complaints,
suits and controversies in which the city is a
party, and such other suits, matters and contro-
versies as he shall, by resolution or ordinance, be
directed to prosecute or defend.
The commission, the city manager, the director
of any department, or any officer or board not
included within a department, may require the
opinion of the city attorney upon any question of
law involving their respective powers and duties.
The city attorney shall be a full-time govern-
mental employee; shall not engage in the private
practice of law; and upon his election by the city
commission shall serve until the time for the
election of the city officials specified in section 4(c)
of the charter which follows the nest general
municipal election. (Char. Amend. No. 1, 11-6-73)
Sec. 22. Department of public service.
Editor's note --Pursuant to authority granted in ¢ 19 of
this charter, the department of public service has been discam-
tmued. The user's attention is directed to ch. 2 of the Code of
Ordinances for departments performing functions formerly
assigned to this department
Sea 22-A. Department of water and sewers;
water and sewer board.
Editor's note —Pursuant to Rea No. 73-225, adopted March
22, 1973, the city manager was authorized and directed to
execute an agreement for transfer of the operations of the
city' s department of water and sewers to Metropolitan Dade
County. At the direction of the city, $ 22-A, added to the charber
by Laws of Fla, ch. 21388(1941), and amended by Laws of
Fla., ch. 23400(1945), and Laws of Fla, ch. 24702(1947), is not
set forth herein.
Sec. 22-B. Department of public welfare.
Editor's note --Pursuant to authority granted in J 19 of
this charter, all powers and dutiesgranted by this section to
the department of public welfare have by ordinance been
transferred to other departments within the city. See ch. 2 of
the Code of Orftunces`for present departmental functions.
CHT`.20
640
CHARTER AND RELATED LAWS
be approved unless it clearly gives an accurate
description of the property showing section cor-
ners or quarter -section corners or at least tying
the property to one or more sections or quarter -
section corners or government monuments.
(b) Supervisor of plats. The director of public
works shall be supervisor of plats of the city and
shall provide regulations governing the platting
of all lands so as to require all streets and alleys
to be of proper width, to be coterminous with
adjoining streets and alleys, and otherwise to
conform to the regulations prescribed. Whenever
said director shall deem it expedient to plat any
portion of territory within the city limits, within
which the necessary streets or alleys have not
already been accepted by the city, so as to become
public streets or alleys, or when any person plats
land within the corporate limits or within two
miles thereof, the director of public works shall, if
such plats are in accordance with the prescribed
regulation, endorse his or her written approval
thereon. No plat subdividing lands within the
corporate limits of the city or within two miles
thereof shall be entitled to record in the office of
the clerk of the circuit court in and for Dade
County, Florida, without such written approval.
(c) Streets or alleys not accepted unless laid
down on plat. No streets or alleys except those
laid down on the plats referred to in this section
and bearing the approval of the director of public
works, as hereinbefore provided for, shall subse-
quently in any way be accepted as public streets
or alleys by the city, nor shall any public funds be
expended in the repair or improvement of streets
and alleys subsequently laid out and not on such
plat. This restriction shall not apply to a street or
alley laid out by the city nor to streets, alleys, or
public grounds laid out on a plat by or with the
approval of the director of public works.
(d) Acceptance and confirmation of street or
alley dedication. No streets or alleys hereafter
dedicated to public use by the owner of ground in
the city shall be deemed a public street or alley, or
under the care and control of the commission,
unless the dedication be provided in the plat or by
warranty deed or other instrument of grant; un-
less the grant be accepted and confirmed by
resolution passed for that purpose; and unless the -
provisions of this charter relating to subdivisions
shall have been complied with.
Sec. 4L Conduct of a city business; compen-
sation, duties, and oaths of officers
and employees.
(a) Books and records. All books, records, and
documents used by any city officer in his [or her]
office or pertaining to his [or her] duties shall be
deemed the property of the city, and the chief
officer in charge of such office shall be responsible
therefor. Any such officer or person made by this
section responsible for the keeping of such books,
records, and documents shall, within three days
after_ the end of his or her term of office, or within
three days after the date of his or her resignation
or removal from office, as the case may be, deliver
to the city clerk or to his or her successor in office
all such books, records, and documents. Any such
officer or person failing to deliver such books,
records or documents as required by this section
shall be deemed guilty of an offense against the
city, and upon conviction thereof shall be fined not
more than $500 or imprisoned for a period not
exceeding 60 days.
(b) Office how's; availability of books and records.
The commission is hereby authorized and empow-
ered, by appropriate ordinance, to fix the days
and hours during which all public offices of the
city shall be kept open for business. All books and
records of every office and department shall be
open to the inspection of any citizen at any time
during such business hours, subject to the proper
rules and regulations for the efficient conduct of
the business of such department or office.
(c) Bonds of officers. Except in the case of
officers whose bonds are specifically provided for
by this charter, the commission shall determine,
by resolution, whether officers, clerks, or employ-
ees shall give bond and, if so, the amount or
penalty thereof. All officers required by this char-
ter to give bond, and all officers, clerks, and
employees of whom bond is required by the com-
mission shall before entering upon their respec-
tive duties give bond with surety to be approved
by the commission, conditioned on the faithful
performance of the duties of their respective of-
CHT.58
fices. Such bonds, unless otherwise specifically
provided by this charter, shall be payable to the
city and shall provide such penalty as the com-
mission may by resolution prescribe. The commis-
sion shall accept as surety on any such official
bond a good, solvent surety company authorized
to do business in the State of Florida. The pre-
mium on any such bond shall be paid by the city.
Unless otherwise specifically provided in this
charter, all such bonds shall be filed with and
preserved by the city clerk.
(d) Compensation of officers and employees. The
commission shall fix by ordinance the compensa-
tion of the city manager, heads of departments,
municipal judges and the city clerk.. The city
manager shall fix the number and salaries or
compensation of all other officers and employees:
The salaries or compensations so fixed shall be
uniform for like service in each grade of the
service as the same shall be graded or classified
by the city manager in accordance with the rules
and regulations adopted by the civil service board.
All fees and moneys received or collected by
officers and employees shall be paid into the city
treasury.
Case law reference —Peremptory writ of mandamus held
improper to compel the city manager to grant increases in
salaries of police officers in accordance with resolution of city
commission authorizing such increases where refusal of city
manager to grant the authorized increases was "uniform for
like service in each grade of the service ...." Reese v Golden,
209 So. 2d 490.
(e) Oath of of fice. Every officer of the city shall,
before entering upon the duties of office, take and
subscribe to an oath or affirmation, to be filed and
kept in the office of the clerk, that he or she will
support, protect, and defend the constitution and
laws of the United States and of the State of
Florida and in all respects faithfully discharge the
duties of the office.
(f) Clerk may administer oaths. The city clerk
of the City of Miami, Florida, shall have the
power and is hereby authorized to administer
oaths.
Sec. 42. Power to appoint boards or commis-
sions of citizens.
, The commission may, at the request of the city
manager, appoint boards or commissions, to be
§ 43
composed of such number of citizens as_ the com-
mission may deem expedient to act in an advisory
capacity in conjunction with any one or more of
the departments created or authorized hereby.
The members of all such boards and commissions
shall serve without compensation, and may be
removed at any time by a majority vote of the
commission.
Sec. 43. Continuity.
(a) All city ordinances, resolutions, and regula-
tions in force at the time this charter takes effect,
and not inconsistent with the provisions hereof,
are hereby continued in farce until the same shall
be duly amended or repealed.
(b) Present officers and powers. All persons
holding office in or employed by the city at the
time this charter goes into effect shall continue in
such office or employment and in the performance
of their duties until provisions shall have been
otherwise made in accordance with the provisions
of this charter for the performance or discontinu-
ance of the duties of any such office or employ-
ment. When such provisions are made the term of
any such officer shall expire, and the office shall
be abolished. The powers which are conferred and
the duties which are imposed upon any officer,
board, commission, or department of the city
under the laws of the state, shall, if such officer,
board, commission, or department is abolished by
this charter, be thereafter exercised and dis-
charged by the officer, board, or department upon
whom are imposed corresponding functions, du-
ties, and powers under the provisions of this
charter.
(c) Present contracts and proceedings. All rights,
actions, proceedings, prosecutions, and contracts
of the city or of any of its departments or officers,
pending or unexecuted when this charter goes
into effect, and not inconsistent therewith, shall
be enforced, continued, or completed, in all re-
spects, as though begun or executed hereunder.
(d) Present titles and rights. The title, rights,
and ownership of property, uncollected taxes, dues,
claims, judgments, decrees, and choses in action
held or owned by the city at the time of the
CHT.59
G
ADMINISTRATION
paragraph (a) hereof by forthwith providing the
city commission and city manager with informa-
tion concerning the affected authority, boards or
committees in regard to the length of past service
by those city commissioners so serving thereon. In
each succeeding year and not later than 60 days
before the first day of the month set forth in
paragraph (a) above, the city manager shall present
the city commission with a report on this subject
for commission review and consideration at a city
commission meeting scheduled to take place no
later than 30 days before the first day of the
month set forth in paragraph (a) above.
(Ord. No. 10715, § 1, 3-8-90; Code 1980, § 2-15)
Secs. 2-36-2-60. Reserved.
ARTICLE III. OFFICERS
DIVISION 1. GENERALLY
Secs. 2-61-2-85. Reserved.
DIVISION 2. CITY MANAGER*
Sec. 2-86. Powers and duties in general.
The city manager shall be appointed pursuant
to and shall have the powers and duties enumer-
ated in the laws of the state, the city Charter, this
Code and other city ordinances.
(Code 1967, § 2-11; Code 1980, § 2-31)
Sec. 2-87. Assistant city manager and admin-
istrative assistant to the city man-
ager —Positions created.
The offices and positions of assistant city man-
ager and of administrative assistant to the city
manager are hereby created and established.
(Code 1967, § 2-12; Code 1980, § 2-32)
*Charter references —Prohibition againA commission dk_
tating appointments or interfering with city manager, § 4(d);
election of city manager by commission, § 4(e); city manager
generally, §§ 15-17.
City Code cross references —Authority to prohibit sales
of alcoholic beverages during emergencies causing or tending
to cause public disorder, etc., § 4-5.
Sec. 2-88. Same —Powers and duties.
§ 2-112
The duties and services to be performed by the
assistant city manager and the administrative
assistant to the city manager shall be such duties
and services as may be assigned to them by the
city manager.
(Code 1967, § 2-13; Code 1980, § 2-33)
Secs. 2-89--2-110. Reserved.
DIVISION 3. CITY ATTORNEYt
Sec. 2-111. Supervision and control of attor-
neys employed by city.
All attorneys at law retained or employed by
the city, regardless of the nature or kind of service
performed or the title or designation under which
they render legal service for the city, are hereby
placed under the direct supervision and control of
the law department.
(Code 1967, § 2-15; Code 1980, § 2-41)
Sec. 2-112. Charter amendments, method of
drafting, approval by city com-
mission; submission to elector-
ate.
(a) The city attorney shall draft, with the as-
sistance of any individual the city attorney deems
necessary, a Charter amendment within 120 days
after the city commission adopts a resolution
directing the city attorney to prepare such amend-
ment or after the certification of a petition of ten
percent of the qualified electors of the City of
Miami requesting such amendment.
(b) The Charter amendment drafted by the city
attorney shall be approved in` -final foim by the
city commission in a resolution calling for a' spe-
cial election upon the amendment. The resolution
calling for the special election shall include the
text of the amendment draft approved by the city
commission, and such draft shall be deemed sub-
mitted to the electorate by the adoption of said
resolution.
tCharter references —Selection of city attorney by com-
mission, § 4(e); department of law, § 21.
CD2:13
§ 2-112
MAW CODE
(c) A special election upon said amendment
shall occur not less than 60 nor more than 120
days after the draft is submitted.
(Ord. No. 10116, § 1, 6-12-86; Code 1980, § 2-42)
Secs. 2-113-2-140. Reserved.
DIVISION 4. CITY CLERK*
Sec. 2-141. Recordation and indexing of or-
dinances.
The city clerk shall procure a suitably bound
book, in which he shall record, within ten days
after their passage, all ordinances adopted by the
city commission, and he shall make and keep a
proper index to such ordinance book.
(Code 1967, § 2-16; Code 1980, § 2-46)
State law reference ---Ordinance adoption procedure, F.S.
0166.041.
Sec. 2-142. Fees for copies of ordinances and
other records.
(a) For the preparation and issuance of photo-
copies of resolutions, ordinances and all other
official records of the city prepared and issued
through the city clerk's office, the city clerk shall
collect the maximum fee as provided in state law.
(b) For the preparation and issuance of copies
of resolutions, ordinances and all other official
records on microfilm, the city clerk shall collect
the ma dmum fee as provided in state law.
(c) For the service of duplicating cassette tapes
from original tapes used by the city clerk in the
voice recording of city commission meetings, the
city clerk shall collect a fee as provided in state
law for such service, provided the person request-
ing such service furnishes his or her own cassette;
if the city clerk furnishes the cassette, he shall
collect a fee of $8.00.
(d) For certifying any document, the city clerk
shall collect a fee of $2.00 for each document.
-Charter references —Election of city clerk by commis-
sion, § 4(e); duty of city clerk with respect to initiative
petitions, § 5(c); duty of city clerk with respect to referendum
petitions, § 6(c); deposits with city clerk by candidates for
commissioner, § 7.
City Code cross reference —City clerk to conduct munic-
ipal elections, § 16-3.
(e) Where an extraordinary time constraint is
designated by the person requesting copies of
records or cassettes, requiring extraordinary ex-
penditure of time by the city clerk's office to
comply with the time constraint, the city clerk
shall collect the cost of providing such extraordi-
nary services in addition to the fees set forth in
subsections (a), (b), (c) and (d) of this section.
(Code 1967, § 2-17; Ord. No. 9638, § 1, 6-9-83;
Code 1980, § 2-47)
State law of duplicating public records,
F.S. § 119.070.
Sec. 2-143. City archives and records man-
agement program.
(a) Short title, purpose. The "City of Miami
archives and records management program" is
hereby established to provide for the proper and
efficient management of the ciWs public records,
and for the operation of a central repository for
same, including the city's historically valuable
records.
(b) Definitions. The following words, terms and
phrases, when used in this section, shall have the
meanings ascribed to them in this section, except
where the context clearly indicates a different
meaning:
Archival records means those public records,
manuscripts and other records which document
the origin and history of the government of the
City of Miami and the development of its depart-
ments which are worthy of permanent preserva-
tion and administration because of their impor-
tance.
City clerk means the city clerk of the City of
Miami, Florida, or his/her duly designated repre-
sentative, who has primarily supervisory author-
ity over the records management program.
City records center means a central repository
for storage of inactive public records.
Inactive records means those records no longer
required to be active in office areas, but which
require further retention due to legal, administra-
tive, historical reasons or other enabling circum-
stances.
Maintenance of public records means the cre-
ation, maintenance, protection, use and disposi-
CD2:14
FINANCE ¢ 18-189
(3) Such property shall not be sold for less Sec. 18-187. Disposition of proceeds from
than its appraised value, unless express sale.
authority is given by the city commission.
(b) For purposes of this section, appraised val-
ues shall be those determined by at least two
independent appraisers, both of whom shall be
members of the American Institute of Real Estate
Appraisers, unless said appraisers cannot agree
on value, in which case the higher value shall be
deemed the appraised value.
(Ord. No. 9572, § 1, 2-10-83; Code 1980, § 18-80)
Sec. 18.18& Commission on sale.
The city will pay a real estate percentage com-
mission of five percent on all real estate sold by
the city whenever a bid is made at a private sale
through the efforts of a broker and the party
making such bid is the purchaser of the property.
The director of finance is hereby authorized to
pay the same out of the proceeds of the sale.
Ord. No. 9572, § 1, 2-10-83; Code 1980, § 18-81)
Sec. 18.184. Expenses of abstract of title.
The director of finance is authorized to pay for
the expense of updating or obtaining an abstract
of title on all property sold by the city, to be -paid
out of the sale price of the property.
(Ord. No. 9572, § 1, 2-10-83; Code 1980, § 18-82)
Sec. 18-185. Payment to be in cash, certified
check.
Terms are deemed to be all cash at time of
closing. All costs involved in the sale of the
property shall be the responsibility of the buyer,
with the exception of the abstract and all custom-
ary prorations of prepaid or delinquent costs.
Buyer may pay cash, by cashiers check, by certi-
fied check, or by a combination thereof.
(Ord. No. 9572, § 1, 2-10-83; Code 1980, § 18-83)
Sec. 18-186. City attorney responsible for
closing of sale.
It shall be the responsibility of the city attorney
to effect the closing of any city property which is
sold under this article.
(Ord. No. 9572, § 1, 2-10-83; Code 1980, § 18-84)
All money received from sales under this article
shall be delivered over to the director of fmance in
accordance with the city Charter.
(Ord. No 9572, § 1, 2-10-83; Code 1980, § 18-85)
Sec. 18.18& Discrimination by lessees of city -
owned property —Prohibited.
The lessee of any property of which the city is
the owner shall not discriminate against or refuse
or deny to any person or persons, guests or
permittees the use of the facilities leased from the
city because of race, creed, religion, color or na-
tional origin.
(Code 1967, § 38-9.1; Code 1980, § 37-13)
Sec. 18-189. Same —Requirements for orga-
nizations using city facilities.
In order to facilitate the implementation of the
policy of the city as set forth in section 18-188, in
instances wherein leases are entered into be-
tween the city and organizations or clubs for the
use of city property or city facilities by the mem-
bers thereof, such organizations or clubs shall
comply with the following requirements:
CD 18:37
(1) Membership.
a. Membership in the club or organiza-
tion shall be available to all persons
without discrimination as defined in
section 18-188.
b. There shall be no requirement that
applicants for enrollment be sponsored
by anyone as a condition to such appli-
cant being processed or accepted for
membership.
c. The club or organization shall make a
minimum of five percent of existing
enrollment of the various types of mem-
bership in such club or organization
available for new enrollment for a min-
imum period of 30 days of each year.
The enrollment period shall commence
July 1 of each year. In the event there
is more than one type of membership
118-189
d.
e.
f.
MADE CODE
available, this shall mean five percent
of each type of membership shall be
open to the general public.
Acceptance into membership shall be
determined by simple majority vote of
the general membership at a meeting
designated for such purpose, and there
shall be no secret ballot for admission
to membership.
In the event there are a greater num-
ber of applicants than there are open-
ings available for membership under
the annual five percent of enrollments
as set forth above, then, and in that
event, new members in this enroll-
ment period shall be selected by lot.
Within the 30-day period prior to the
date of the commencement of the en-
rollment period described above in sub-
paragraph Wc, the club or organiza-
tion shall advertise twice in two daily
newspapers of general circulation pub-
lished in the city a notice of the accep-
tance of new members as hereinabove
provided, and notice of the purposes of
the club or organization and of the
programs offered by the club or orga-
nization to the public. The notice shall
be printed on June 1 and June 14 of
each year.
(2) Dues. All members in each of the various
categories of membership shall pay equal
dues, if any, within such categories.
(3) Minutes of meetings. All minutes of meet-
ings, whether regular meetings or special
meetings, or however designated, of such
club or organization shall be posted upon
the bulletin board upon the club premises
within 30 days after the date of such meet-
ings, and a copy thereof shall be forwarded
to the city manager, or his designee.
(4) Privileges. All members in each category
shall have equal rights and privileges.
(Code 1967, § 38-9.2; Code 1980, § 37-14)
Sec. 18-190. Same —Provisions of sections 18-
188 and 18.189 to be part of
lease.
The foregoing matters as set forth in sections
18-188 and 18-189 being an implementation of
the provisions of the Constitution of the United
States of America and the constitution of the
state, such provisions are to be considered a part
of every such lease as described above entered
into between the city and any person, firm, cor-
poration, club or organization, regardless of the
specific written terms of any lease now existing or
to be entered into in the future.
(Code 1967, § 38-9.3; Code 1980, § 37-15)
Sec. IS-191. Same —Termination of lease for
violations.
Any person, firm, corporation, club or organiza-
tion violating the terms and conditions of sections
18-188 through 18-190 shall be subject to having
its lease forthwith terminated by the city for such
violation, upon due notice to the violator and upon
an opportunity to be heard before the city com-
mission concerning such violation.
(Code 1967, § 38-9.4; Code 1980, § 37-16)
Secs. 18-192-18-220. Reserved.
ARTICLE VL SELF-INSURANCE AND
INSURANCE TRUST FUND
Sec. 18.221. Created; sources.
(a) There is hereby created a city self-insur-
ance and insurance trust fund, the fund to which
shall be credited all money deposited in the city
treasury by appropriation or from any other source,
together with any unexpended balance of any
appropriation heretofore made for the expendi-
ture of public funds, for or accruing from:
(1) The payment of claims and judgments
against the city involving the acts of officers
or employees of the city or property belong-
ing to the city.
(2) Insuring or providing for the insurance of
any real or personal property or operation
of the city against risks or hazards.
(3) The maintenance of hurricane disaster
funds.
CD18:38
(4) The recovery of tort claims against other
parties.
FINANCE
(5) Fines and forfeitures levied against employ-
ees as a result of being found responsible
for preventable accidents.
(6) Amounts received from parties contracting
with the city for providing insurance cover-
age to protect the parties for any and all
risks involving activities or property asso-
ciated with the contracts.
(7) Income accruing from the investment of
the trust funds.
(b) Such funds are to be expended in accor-
dance- with the provisions and for the purposes
stated in this article. The fund shall be segregated
from other funds in the city treasury and shall be
administered by the board of trustees appointed
for that purpose.
(Code 1967, § 16-47; Code 1980, § 18-93)
Sec. 1&222. Appropriation of money.
All money accumulated in the fund is hereby
appropriated for the purposes for which desig-
nated, to be expended in accordance with the
provisions and procedures established by this
article.
(Code 1967, § 16-48; Code 1980, § 18-94)
Sec. 18-223. Board of trustees --Composition;
discharge of duties; compensa-
tion; powers.
(a) The board of trustees for the city self-
insurance and insurance trust fund, referred to as
"the trustees," shall be composed of the city man-
ager as chairman, the director of finance and the
insurance manager. The trustees shall discharge
their duties during normal duty hours and shall
not be entitled to additional compensation by
reason of their services as trustees. However, they
shall be reimbursed for any expenses incurred.
The trustees shall invest all the trust funds to the
fullest extent consistent with the cash require-
ments and investment objectives of the fund.
(b) The trustees shall have the power to make
- purchases, sales, exchanges, investments and re-
investments for and on behalf of the fund. It shall
§ 18-228
be the duty of the trustees to see that the money
invested is at all times handled in the best inter-
est of the city.
(Code 1967, § 16-49; Code 1980, § 18-95)
Sea 18-224. Same —Oath of office.
Each trustee shall take an oath of office and
make written acknowledgment of his acceptance
of the duty, responsibility and authority of a
trustee.
(Code 1967, § 16-50; Code 1980, § 18-96)
Sec. 18-225. Same —Meetings.
The board of trustees shall hold regular meet-
ings at least quarterly each year and special
meetings at such time as the chairman may deem
necessary.
(Code 1967, § 16-51; Code 1980, § 18-97)
Sea 18-226. Disbursement of money.
The trustees shall disburse money from the
fund to the director of finance upon his requisition
and certification that the expenditure of the funds
so requisitioned is to accomplish the purpose of
the self-insurance and insurance program. The
receipt for such funds shall constitute a full
acquittance to the trustees.
(Code 1967, § 16-52; Code 1980, § 18-98)
Sec. 18-227. Sale or exchange of securities
and investments.
Securities or investments purchased or held
under the provisions of this article may be sold or
exchanged for other securities or investments,
provided that no sale or exchange shall be at a
price less than the market price of the securities
or investments to be sold or exchanged.
(Code 1967, § 16-53; Code 1980, § 18-99)
Sec. 18-228. Investment of funds.
Trust funds may be invested without limitation
in:
CD18:39
(1) Bonds, notes or other obligations of the
United States or those guaranteed by the
United States or for which the credit of the
j 18-228
MIAMI CODE
United States is pledged for the payment of
the principal and interest or dividends
thereof.
(2) Certificates of deposit of any bank incorpo-
rated under the laws of this state or any
national bank organized under the laws of
the United States to do business and situ-
ated in this state, to the extent that such
savings accounts are insured with the fed-
eral government or any agency thereof, and
if the certificates of deposit are secured by
the deposit of securities of the United States
government.
(Code 1967, § 16-54; Code 1980, § 18-100)
Sec. 18-229. Self-insurance and insurance
committee —Appointment; com-
position; chairman.
There shall be appointed annually by the city
manager a committee to be known a the city
self-insurance and insurance committee. The com-
mittee shall be composed of three members who
shall be selected from among the officers or em-
ployees of the city. The city manager shall desig-
nate one of the members to act as chairman. The
committee shall administer the self-insurance pro-
gram and maintain appropriate records which
shall reflect the status of the program and be in
such detail as required to enable the committee to
determine appropriate reserves. The committee
shall determine and recommend to the city com-
mission the amount of reserves to be accumulated
and maintained and the amount to be appropri-
ated annually to finance the self-insurance and
insurance program.
(Code 1967, § 16-55; Code 1980, § 18-101)
Sec. 18-230. Same —Responsibilities.
The committee shall, as expeditiously as possi-
ble, with due regard to the financial security of
the city, proceed to establish the means whereby
the city shall become self -insured in primary
insurance coverage while maintaining umbrella
coverage to insure against catastrophic losses.
The means contemplated include the establish-
ment of financial reserves and securing adequate
qualified personnel, supplies and equipment to
perform required services in an economical and
efficient manner. The committee is specifically
authorized and directed to ascertain that the
city's financial interest is fully protected at all
times. Any provisions of this article to the con-
trary notwithstanding, in the event that adequate
financial reserves have not been provided or an
analysis of the costs involved demonstrates that it
is more economical for the city to maintain cover-
age for certain specific risks through commercial
insurance policies, the committee is authorized
and directed to procure such coverage. The pre-
miums shall be paid from trust funds unless the
city commission shall have directed otherwise
and provided funds for that purpose. The commit-
tee shall utilize the services of regular city em-
ployees to the greatest extent practical, but may
procure specialized services on a fee basis from
independent contractors when such action is not
prohibited by law. Where personal services for the
program rendered by regular city employees re-
quire the expenditure of a substantial portion of
the employees' working time on a regular or
recurring basis the pro rata costs of such time,
including all emoluments, shall be charged as an
expense of the program. The commission may
provide for the payment of such expenses during _
the regular budgeting process by providing funds
for the payment of such personnel in the appro-
priate departmental budget with a corresponding
reduction in the amount appropriated directly to
the trust fund. In the event that the program
shall require personnel services, payment for which
shall not have been provided in the budget, the
trustees shall provide funds expended or to be
expended for such services.
(Code 1967, § 16-56; Code 1980, § 18-102)
Sec. 18-231. Operation and function of insult
ance program.
It is the intention of the commission of the city
that the insurance program shall operate and
function in a manner similar to a commercial
insurance company. Accordingly, all expenses aris-
ing from the operation of the program shall be
paid from the fund to the same extent as similar
expenses would be discharged by the payment of
premiums to a commercial insurance carrier.
(Code 1967, § 16-57; Code 1980, § 18-103)
Sec. 18-232. Responsibilities of city attor-
ney.
(a) The city attorney shall perform or supervise
the performance of all legal services required to
CD18:40
FINANCE
accomplish the purposes of the self-insurance and
insurance program. Legal services shall include,
but not be limited to, the defense or prosecution or
negotiation of settlement agreements of all claims
or suits, the investigation of all claims and settle-
ment of those claims found to be well founded for
which the amounts claimed are payable from the
trust fund.
(b) The city attorney and such of his assistants
and claims adjusters as he may designate may
compromise, settle and pay all claims which may
be discharged by payment of an amount not to
exceed $25,000.00 for each individual claim. Such
settlements or compromises shall be for all dam-
ages claimed for personal injury, property dam-
age, or- both.
(c) Proposed settlements in excess of $25,000.00
shall be submitted to the city commission for its
approval prior to acceptance.
(d) Upon approval by the city commission or
the city attorney, as specified in the two preceding
paragraphs [subsections (b) and (c) of this sec-
tion], the city attorney shall authorize the pay-
ment of the claim by the finance director and
provide such documents as the finance director
may require.
(e) The city attorney shall render such report
or reports for the settlement of claims to the
committee and the city commission as they shall
require.
(Code 1967, § 16-58; Ord. No. 8718, §: 1, 10-26-77;
Ord. No. 10072, § 1,1-23-86; Code 1980, § 18-104)
Secs. 18-233-18-260. Reserved.
ARTICLE ViQ. REDEVELOPMENT TRUST
FUND*
Sec. 18-261. Payments into fund by city.
There shall be paid into the fund, and the city
hereby appropriates, commits and sets over for
payment into the fund, a sum equal to that
increment from the income proceeds, revenues
*Editor's note —The project referred to herein is the
"Southeast Overtown/Park west Community Redevelopment
Plan."
§ 18-263
and funds of the city derived from, or held in
connection with the project area, and the city's
undertaking and carrying out of the project area
therein. Such increment shall be determined and
appropriated annually, and shall be an amount
equal to the difference between:
(1) That amount of general operating and debt
service ad valorem taxes levied each year
by the city on taxable real property con-
tained within the geographic boundaries of
the project area; and
(2) That amount of operating and debt service
ad valorem taxes which would have been
produced by the rate upon which the tax is
levied each year by or for the city upon the
total of the assessed value of the taxable
property in the project area as shown upon
the assessment roll used in connection with
the taxation of such property by the city,
last equalized January 1, 1982.
(Ord. No. 9590, § 1(1), 4-6-83; Code 1980, §
18-111)
Sec. 18-262. Annual appropriations by city.
The city will annually appropriate to the fund
the aforestated sum at the beginning of the city's
fiscal year- The fund shall receive the tax incre-
ment above described only as, if and when such
taxes may be collected by the city. The city's
obligation to annually appropriate to the fund
shall commence immediately upon the effective
date of this article and continue until all loans,
advances and indebtedness, if any, and interest
thereon incurred by the city as a result of the
project have been paid and only to the extent that
the tax increment recited above accrues.
(Ord. No. 9590, § 1(2), 4-6-83; Code 1980, §
18-112)
Sec. 18-263. Rules and regulations.
The city manager is directed to develop and
promulgate rules, regulations and criteria whereby
the fund may be promptly and effectively admin-
istered, including the establishment and the main-
tenance of books and records and adoption of
CD18:41
H
irn. -ua 7 Illt, i �JJU�. 111i !F FLa ILL 501-995-1U1'
i
EXECUTIVE OFFICES: 901 N.W. 51st STREET • P.O. BOX 31=4 • BOCA RATON. FLORIDA 33Ut-0704
PHIDNE- (WO) 866-1234 OA (561) 994-WO • FAX: (561) 997-bw
EAAIUL: aesoaftom • INTIERNET: ItUpJ/alI-CW
March 25, 1997
The Honorable Buddy McKay
Lieutenant Governor
State of Florida
The Capitol, PL 05
Tallahassee, Florida 32399-Ml
RE: City or Miami, Division of Risk Management/Workets' Compensation
Dear Governor:
This is in response to Mr. Wolfe's letter inviting Associatod Industries Insurance Service, Inc. to
perform a pro-bono review of the above captioned. As you know, our Executive Vice President of Claims,
Shirley H. McCanzwy, and our General Counsel, Mary Ana Stiles, and myself met with the Division
Director and key members of his staff to explore ways in which AIIS may be of assistance to the City of
Miami. The meeting was very informative and has led us to some ideas in which we may be able to provide
interim assistance that may be beneficial to the City.
As we indicated at the meeting, we were unaware that the City had already reviewed their workers'
compensation risk management and claims handling process with the volunteers from Ryder and BellSouth.
We have reviewed that study in conjunction with the information we obtained during our visit and concur
with its recommendations. In particular, we feel that the City could save considerable money in future years
by outsourcing the claims adjusting function to firms that specialize in hauling workers' compensation
cases. We would be glad to assist the City in developing an RFP for such services should it decide to
pursue that approach.
In the meantime, AILS is quite willing to provide services and assistance to the City. Some of the
areas that we thought could provide beneficial are as follows:
1. We understand that the City has sent out an RFP for managed care services. We would be glad
to give assistance to the City in evaluating the responses and assist them in implementing a
managed care program.
2. . We understand that the City was fined $26,000 as a result of the DOL's last compliance audit
finding substantial non-compliance in the completion and filing of the State mandated forms.
We would be glad to provide training in the completion of those forms and to examine ways in
which the process can be made efficient and/or automated.
CHAIRMAN PRESIOENT L CHIEF EXECUTIVE VICE PRESIDENT EXECUTIVE VICE PRESIDENT
OFTHE BOARD EXECUTVE OFFICER t CHIEF OPERATING OFFICER A CHIEF FINANCIAL OFFER
ROBERT W WEST dON L SHEBEL FRANK T WHITE DAVto P. YON
A+LSddnI Presdont a CEO FaocYnw vim Prosoont a COO E ccubm vice Presdsnr a CFO
Bob Vest a Aisonatft Asaptlaw Incusines of Florida. Inc Aasocloed Industrws Associated tndurtno: of Florida. Int.
Taltshassete Tallshwee a Boca Raton Insurance Company. Inc. TeAahessee
Bea Raton
�rx. -ub yltLti i. ��b aJJU�. 11ll. "� tLa 1LL�JbI-y9J-lU(�' r Ullj
3
We would be glad to have -opt of our Claim SuMvisors spend a week or so working with the
City's Risk Management Division's staff to observe work flows and processes for the purposes
of making any recommendation for improving efficiency, etc.
4. We would also review the existing systems and possible management information reports and
assist in the design of additional reports to aid in the management of the open file inventory in
such areas as potential file closings, serious case nmagement, litigation management, cost
eontainuew measures, etc.
S. For select serious cases, our claims management staff would be glad to review the file and
provide the Risk Management xtaff with suggested courses of action and/or strategies relative
to the handling of the case and provide ongoing, periodic monitoring/assistance as needed.
6. With respect to cases in which litigation is in process or anticipated, the law firm of Stiles,
Taylor, Grace & Smith, our General Counsel's firm., would be glad to review the issues and
provide defense analysis and strategies.
7. We would be glad to review current procedures in place for obtaining recoveries from the
Special Disability Trust Fund and other sources. - Preliminary indications are that recoveries are
not aggressively pursued. We could educate the current staff all to the necessary steps in
perfecting a recovery or. alternatively. actually perform the work ourselves whereby we would
recover our costs by being paid a percentage of the recoveries secured.
These are some of the areas that we have mitia lly determined may be of benefit to the City while it
decides the future direction of its worlm rs' compensation program. In addition, AM periodically holds in-
house training for our claims staff and will invite the City's staff to participate. We will also discuss with
the Risk Management staff any training aids that we could provide.
We recognize the City faces a major challepge ahead with its workers' compensation program, and
AILS believes that overall long -scam costs could be significantly reduced by outsourcing the claims function.
In the interim, AIIS will be glad to provide assistance to the City as outlined above and in other ways the
Risk Management Division may require. Please let us know your thoughts on these ideas and advise as to
how you would like us to proceed,
Kindest regards.
F rW jh
sincerely,
qt--W��. \ ls�
crank T. White
Executive vice President & Chief
Operating Officer
cc; Jon L. Sbebel, President & Chief Executive Oifuoer; Associated Industries Insurance Services, Inc.
Shirley H. McCawwy, Eucutive Vice President of Claims; Associated Industries Insurance Services, Inc.
Mary Ann Stiles, President; Stiles, Taylor, Grace & Smith, P.A
Mr. Charles A. Wolfe, Chief of Staff, Oveesigbt Board
Mr. Edward Marquez, City Manager, City of Miami
n/
LEGAL AFFAIRS
MANAGEMENT COMMITTEE
SALARY SURVEY
JANUARY, 1998
LEL _ .L AFFAIRS MANAGEMENT C ,,jNMTTEE
SALARY SURVEY
JANUARY, 1998
CITY/
COUNTY
JOB TITLES
PAY
RANGES
REVIEW
DATES
BENEFITS
PACKAGE
City of Miami
* Deputy City
$95,481.57 &
Discretion of
* Executive Benefits Package which
(Exhibit "A")
Attorney
97,091.28
City Attorney
includes 1 extra week of paid
(2 Positions)
vacation, and 2x the annual salary_
for life insurance.
All other employees receive Ix their
Asst. City Attorney
Ranges from
Discretion of
salary in life insurance.
(19 Positions)
$42,000-
City Attorney
$97,672
*SPECIAL NOTE:
*Legislative
Tier 1:
Annual
Coordinator
$33,987.41-
(1 Position)
$50,178.34
Support positions have been
reflected on two salary tiers: Tier 1
Tier 2:
and Tier 2. Employees hired with
S25,484.78-
the City prior to 1988 are
S37,650.70
compensated at the Tier 1 salary
range. Employees hired post-1988
are hired at the Tier 2 salary range.
*Exec. Secretary to
the City Attorney � �
Tier 1:
$29,462.78-
Annual
There is a 25%reduction in salary
(1 Position)
S43,564.68
range from Tier 1 to Tier 2.
Tier 2:
S22,107.90-
$32,662.16
if-* —ner I &A Ti" Z-
*Administrative
Tier 1:
Annual
Clerk
S22,861.70-
luf,-A
, -t-KjS &OCIA.M of
(1 Position)
533,987.41
Tier 2:
LdCBLvle.� ou Cw%
$17,140..66-
$25,484.78
hdS pY1Na43 d,
*Admin. Assistant
Tier 1:
Annual
- � �7�11 v
(2 Positions)
S33,987.41-
y
I
S50,178.84
L*.1 l"
'
Tier 2:
e. w% wd Vk
S25,484.78-
� (j$ dV1 oup- a.
S37,650.70
CITY/
COUNTY
JOB TIT.L.—S
PAY
RANGES
REVIEW
DATES
BENEFITS
PACKAGE
*Administrative
Tier 1:
Annual
Assistant II
539,324.06-
(1 Position)
558,115.41
Tier 2:
$29,487.54-
543,575.17
*Legal Assistants
Tier 1:
Annual
(12 Positions)
$29,329.04-
$43,371.95
Tier 2:
521,979.78-
532,517.47
City of Fort
*Asst. City Atty. I
$35,547.20 -
Discretion
* 6 additional vacation days per
Lauderdale
(see benefits pkg.)
$50,148.80
of City Atty.
calendar yr. (must use) or option of
Exhibit "B"
accepting cash payment at 75%.
Vehicle allowance of S 170/mo.,
**Asst. City Atty. II
$46,571.20-
Discretion of
Reimbursed 50% of complete
(see benefits pkg.)
$67,454.40
City Atty.
physical exam. up to a max. of
$125.00 City pays full cost of basic
& major medical insurance for both
**Asst. City Atty. III
569,139.20-
Discretion of
employee and eligible family
5100,089.60
City Arty.
members. May be assigned a take-
home vehicle at discretion of the
City Mgr. when warranted.
Legal Secretary
$29,494.40-
Annual
$38,729.60
** 8 additional vacation days per
calendar yr. (must use) or option of
***Paralegal Asst.
$32,156.80-
Annual
accepting cash payment at 75%.
$43,243.20
Vehicle allowance of S260/mo.,
reimbursed for 100% of complete
***Legal Admin.
$36,400.00-
Annual
physical examination up to a max.
Asst.
$48,963.20
of 5250. Reimbursed for EKG stress
tests to a max. of S150. City pays
full cost of basic and major medical
insurance for both employee and
eligible family members. May be
assigned a take-home vehicle by the
City Manager when warranted.
*** 4 additional vacation days per
calendar yr. (must use) or option of
accepting cash payment at 75%.
Vehicle expense allowance of
S55/mo. Reimbursed for 25% of
the cost of a complete physical
examination up to a max. of $62.50.
City pays full cost of basic and
major medical insurance both
employee and eligible family
members. May be assigned a take-
CITY/
JOB TITL—S
PAY
REVIEW
BENEFITS
COUNTY
RANGES
DATES
PACKAGE
home vehicle at discretion of City
Mgr. when warranted.
Orange
Attorney I
$33,426-
Annual
There are no special benefit
County
$50,149
packages for mid -management to
Exhibit "C"
upper -management.
Attorney II
S50,378-
Annual
$70,491
All county employees receive the
same benefits.
Attorney III
S64,938-
Annual
S90,896
Performance evaluations consist of
2 factors: the accountability section
Attorney IV
$73,029-
Annual
which is used to define customer
$114,317
focused goals upon which the
employee's performance will be
Legal Records Clerk
S17,846-
Annual
evaluated and responsible for
S26,562
accomplishing, the second section is
the development section which is
Legal Documents
S17,846-
Annual
used to identify performance
Specialist
$26,562
behaviors where there are
opportunities for improvement.
Senior Secretary
$17,659-
Annual
S26,977
There is a new broadband pay
program which was designed to
Legal Documents
S25,147-
Annual
encourage and reward employee
Supervisor
$39,312
growth and increased job
responsibilities. The pay
Legal Secretary
$25,147-
Annual
adjustments must meet 3 qualifying
$39,312
categories: education/certification,
increased job responsibilities, and
Paralegal
$25,147-
Annual
market/internal adjustments.
S39,312
Sr. Paralegal
$31,470-
Annual
$45,989
Legal Admin.
S31,470-
Annual
Assistant
S45,989
Legal Admin.
S33,426-
Annual
Supervisor
$50,149
Executive Secretary
$21,258-
Annual
S31,866
City of
*Asst. City Atty.
$60,785.60
Annual
All employees are given flex money
Orlando
No Range
for benefits depending on age and
Exhibit "D"
position.
*City Prosecutor
$39,603.20
Annual
Merit raises are given to employees
No Range
that meet or exceed overall
performance ratings. The merit is
*Chief Asst. City
$97,337.06
Annual
3% of the midpoint of the range
Atty.
No Range
that position falls in. Additional
merits can be given throughout the
CITY/
COUNTY
JOB TIT_ _3
PAY
RANGES
REVIEW
DATES
BENEFITS
PACKAGE
*Police Legal
$79,705.60
Annual
year for exceptional performance in
Advisor
No Range
addition to base, not to exceed 3%
of base pay. For those employees
that exceed or meet performance
ratings, they are eligible for a
Admin. Receptionist
$17,451.20-
Annual
performance bonus award, a lump
S26,332.00
sum amount not to exceed
$2,000/yr.
**Paralegal
$25,542.00-
Annual
S38,896
*Deferred pension benefit pkgs. in
addition to the standard offered to
Legal Admin. Asst.
S25,542-
Annual
other positions, and $250/yr.
$38,896
medical management account
(emplovee only) which is over and
Legal Secretary IM
S21,902.40-
Annual
above the insurance plan. This is
S33,321.60
based upon a calendar year.
Attorneys also receive one free
Office Assistant
$16,244.80-
Annual
physical exam, including an EKG
$24,398.40
each fiscal year.
**Free A-23 Blood Test as an
additional benefit.
Broward
Deputy County
S70,000-
Annual
Civil service employees are given a
County
Attorney
S127,181
set merit increase which is in direct
Exhibit "E"
correlation with their numeric
Chief Trial Counsel
S70,000-
Annual
scores on their evaluation. The
$127,181
County Attorney does not have any
discretion as to what the percentage
Chief Appellate
$70,000-
Annual
increase would be.
Counsel
127,181
For exempt employees, the County
Assistant county
$30,000-
Annual
Attorney may determine the amount
Attorney
$104,186
of the merit increases based upon
input from the supervisor. Merit
Director of
$48,100-
Annual
increases vary dependent upon
Information & Office
$63,400
performance, and less on numeric
Systems
scores.
Legal Administrator
S32,404-
Annual
The average merit increase is 5%.
S60,010
Legal Records
S28,000-
Annual
Manager
$57,148
Paralegal/Admin.
S27,943-
Annual
Asst.
S51,410
Paralegal
S27,943-
Annual
$50,446
Legal Automation
S23,509-
Annual
Assistant
$49,216
CITY/
COUNTY
JOB TIT_ S
PAY
RANGES
REVIEW
DATES
BENEFITS
PACKAGE
Paralegal Assistant _
S20,272-
Annual
$34,834
Research Assistant
S20,272-
Annual
S34,834
Records Management
S22,072-
Annual
Assistant III
$36,724
Records Management
S20,272-
Annual
Assistant II
S34,834
Records Management
$15,269-
Annual
Assistant I
$29,581
Legal Secretary II
$23,247.74-
Annual
(Civil Service)
$36,081.34
Legal Secretary I
S21,061.25-
Annual
(Civil Service)
S32,688.03
Clerk Typist III
$18,615.17-
Annual
(Civil Service)
$28,891.41
�Yj+13tT,+
SEATEHBEH 08, 1997
HtYORT 180-300 CITY OF MIAMI
DEPT/DIV 002)OU PAYROLL / PERSONNEL SYSTEM
UNCLASSIEU AND EXECUTIVE BY DEPARTMENT AND NAME
SOCIAL
SECURITY NO ----------EMPLOYEE NAME ---------- JOB CODE JOB CDC DESC DESC ANNUAL SALRY
243-68-1384 JOEL
MA%WELL
181-76-6122 BEVERLY
S SOLOMON
136-52-0104 OLGA
RAMIREL-SEIJAS
056-48-6145 JULIE
O BRU
004-52-Sl69 LINOA
R CHAPMAN
011-30-4668 RITA
C LAGACL•
261-92-0412 LINDA
G KELLY
1 -73-4013 NANNY
nMON ill.
263-97-7471 ANA
M PANDO
761-96-5254 XIFAT,L
O DIAL
262-49-6331 YAMILE
M TREHY
590-43-3452 MARIO
A PEREL
365-38-74J8 ALBERTTNF.
H SMITH
" 2-26-3295 CAROL
S KELSEY
267-94-2157 ALLEN
0 JONES
266-21-4S11 THERESA
L GIRTEM
!6C-NR_o3cc �•u.��r-C
265-99-0207 JOSE
A FERNANDEZ
266-31-7046 GRECIA
F AMENEIRO
266-41-4635 HAYOEE
C PINO
266-87-9132 CLARA
H ARANDA
PAY STEP
009017
DEPUTY CITY ATLAW
9S,481.57
49
aJ:7D1:
ASST C!'I I n-i'IULAW
651 106.94
99
008752
LEGISLATIVE COLAW
50.178.34
9
008014
ASST CITY ATTOLAW
65,009.60
99
000014
ASST CITY ATTOLAW
70,304.OD
99
006014
ASST CITY ATYOLAW
S8,000.18
99
007500
EXEC SEC CITY LAW
45,50,97
Y
008014
ASST CITY ATTOLAW
03,158.40
99
0000114
ASST CITY ATTOLAW
40.DOD, 06
99
000014
ASST CITY ATTOLAW
55,908.32
99
008017
DEPUTY CITY ATLAW
97,091 28
S9
000014
ASST CITY ATTOLAW
85.000.03
99
009411
AOMTHISTRATIVELAW
I8,113,06
2
008014
ASST CITY ATTOLAW
92,053.73
99
000092
ADMIN ASST It LAN
47,804.02
8
000010
CITY ATTORNEY LAW
139,130.78
99
006011
ASST CITY ATTOLAN
54,371.41
99
008014
ASST CITY ATTOLRW
97,672 64
99
000014
ASST CITY ATTOLAW
47,507.20
99
000082
ADMIN ASST T• LAW
50,178.14
9
008014
ASST CITY ATTOLAW
62,106.38
99
000014
ASST CITY ATTOLAW
42,000.19
99
PAGE 7
SEPTENDF.R 08, 1997 CITY OF MlAMI
REPORT 180-300 PAYROLL / PERSONNEL SYSTEM
DEFT/DIV 002300 UNCLASSIED AND EXECUTIVE BY DEPARTMENT AND NAME
SOCIAL JOB CODE 308 COE DESC DESC ANNUAL SALRY
SECURITY NO ---------- EMPLOYEE NAME----------
266-94-1036 KAREN E MORRIS
[rie-fit-,.iuy maw.)
264-71-81)57 DEANNA D RASCO
264-95-3S16 GEORGE K MYSONG III
265-13-9809 C1IRISTOPNE F KURT7
214-92-2414 DAVID Z STONE
TOTAL COUNT: 28 DEPT TOTALS:
PAY STEP
OOB083
ADMIN ASST II LAW
58,115.41
9
niSI
CI t t
ATj-U"W
50, 003. 20
99
000014
ASST
CITY
ATTOLAN
62,000.02
99
008014
ASST
CITY
ATTOLAN
43.502.58
99
008014
ASST
CITY
ATTOLAW
19,301.04
99
0418014
ASST
CITY
ATTOLAW
48,438,00
99
PAGE 8
CITY OF MIAMI
SALARY RANGES
SUPPORT POSITIONS
JANUARY, 1988
Administrative Clerk:
Tier 1- $22,861.70 - $33,987.41
Tier 2 - $17,040.66-$25,484.78
Administrative Assistant I:
Tier 1: $33,987.41-$50,178.84
Tier 2: $25,484.78-$37,650.70
Administrative Assistant II
Tier 1: $39,324.06-$58,115.41
Tier 2: $29,487.54-$43,575.17
Legislative Coordinator:
Tier 1: $33,987.41-$50,178.34
Tier 2: $25,484.78-$37,650.70
Legal Assistants:
Tier 1: $29,329.04-$43,371.95
Tier 2: $21,979.78-$32,517.47
Executive Secretary to the City Attorney:
Tier 1: $29,462.78-$43,564.68
Tier 2: $22,107.90-$32,662.16
�P/8/7 13
a LL (FAX : 3S.2 /,.f3f- - cZ T 9�
JZt : <A k,/ 9622F TARP-- i (Al"KNA-nmV
111 r It
OF
.:Ir/ • �. :.ter '. � c.
.7 [_ t4-9 9 N WAT9WIVE
AAIY Ci.Ar.S'n0jls, fLEASE Cwcu, ejE AT (73'+) -Ut-.5308.
J
CITY CF FORT LAUORR0ILL, FWRI01 IIINIGIO W g WIT FACAIG!
FAployees in positions assigned to management categories will be provided with the following additional bemefils, This is in addition t
provided to general employees: ir. hen,
MANIGE]tEtff VACATION 11.1,01111M MUL PITSICAL 11061,17AIrNMICAL
CATOCMY TI Srt s 9KANINATIOM
— ------ EXPENAE INSUAANCiI MICLlt ASSIG11M
V Four 4 additional Exen�pl to ae Reimbursed for 25% of The City pas the full cost The City Manager may assign
PA Rq( Ewt� >�fsr a (, tip �r
dais r alendar Ex se Alloi�entti the cost of a complete of basic an o major medial lake -twice vel��cle to an eapl�
Year per
use) or i55.0o/month physical exam!M101no op insurance for both employee there clieveCircumslences of tl� p(
option of nt a ingg to a ovin o of $62.50. and eligible frilly ximbers. lion ►arrant such action.
cash payment at J51. aYehicle Allowance
Nllea a Ilellnnbhursemenl
Rate JSes PSN 9.4.4.1)
1V Five (5) additional Exeagmt Employee Reimbursed for 251; of The City pas the full cost the City Nannaaqgeer ma assign a
days r calendar Expense Allowance the cost of a 0000mpplele of basic major medical late hove vehicle to as enpla
year per
use) or 18D.OD/mouth p ysichi examination up insurance for bolt► to option of accepting two a sex wum of 62.50. ' and eligible family nonbers. t�ionararTanustat suchces aclionhe
cash et at 75t. Vehicle Allowance
N i 1 ea Reillunmen t
C ►� y �ru Rd to (See PSN 19.4.4.11
R ' ' / � III Six (6) additiaidl Vehicle Allowanoe pninbucsed for 5Dt of The city
days r calendar y pars the full cost The City Nanager uay assign a
! year oust use) or iIJO'OOJm°nlA the cost of a complete of basic a major medical take-home vehicle to �• eon
uuhhysical examination uupp insurance for both employee where cirrus pt0
casino of alit i51 to a maximum of $125.00. and eligible family members. lion warrant such ; e
cash payment et J5t. assignment mould be in lieu of
car allowance,
Q'5 ST. C I iv /1 1Z lI Eight (8) additional Vehicle Allowance Reimbursed for loot of The Cityrs
j1 yearr lmustuee) calendar
5260.DOJmonth the cost of a OM
of basiI major medill an take-h( Aexvef,9clemto aisstgtol
( option of acheptinyy ysial examfnat on insuraerV for both employee where circumxslances of tit: ppuu
wsh payment at 151. Csts]
xclusive of UG stress end eligible Iamily members, lion warrant such action. Th
$2up . a maximmil assi nment would be la lieu of
of S2 0.00. Reimbursed o
It for at stress tests to carllowance.
a maximum of $150.00.
I Tel (10) additional Vehicle Allowance Reimbursed for loot of The Cil
dayspe r raleridar y pats the fw11 cost The City Nanager may assign a
oer nust use or S3oo.ao/month the cost of a complete of basic and 1Ujor medical take-home vehicle to an en to
ption of accep)ting rexysclicu@silveekomria0a(Gtlosta
insuranceforbothemployeewhorecfrcumslanoes of Ibeppnscash payiuerd al JSt. ress a0d eligible family members. tiom warrant such action. fhis s up to a maximum assignment would he in litu of
clt Nana er of 12 1.00. Reimbursed car alinwanca.
f 9 490.00/month for qG sties tests t,o
Off Attorney - 390.00/month a Maxima of 1150.
Mordinamoe No. t-95-U effectlYe 11-08-95 — - ` - — --- - - - -
jc-x/�[ 8 1 T- (�,
" Orange 4nty / BCC
Broadband Pay Plan Classificatlons
i6. ..i_ ,
;-
- •h.. -�.. ';l Id 4h.• _yil: ivy w•'•, i.-...e� lv_-_r in.r .� r_. .. � e
Cfass Bend ! fiend 1 q'i Q NourSy 8 i p NaiQy r B /'Q ANW, 81
t _�,
! Q Annual : EEO '
Job We
Code
Quad
Quad
'Minimum
'Maximum
Minimum '
.B
Maxi .
mum
Code Exempt
ASST MGR, TELECOMMUNICATIONS
2581
42
43
20.10
28.12
41,808
68,490
10
x
ASST MGR, TRAFFIC ENGINEERING
7072
61
62
24.97
37.46
51.938
77.917
10
X
ASST TO DIR, ADMIN SUPPORT
2648
52
53
24.22
33.09
50.378
70.491
20
X
ASST TO DIR, COMMU SER S HOUSING
2689
51
52
20.11
29,05
41.829
60.424
20
X
ASST TO DIRECTOR. PLANNING & DEVE
5226
61
62
24.91
37.46
51.938
77.917
20
X
�/ITTORNEY
1
4340
41
42
16.07
24.11
33.428
50.149
20
X
/K4TORNEY 11
4341
52
53
24.22
33.09
50.378
70.491
20
X
%/ATTORNEY 111
4342
62
63
31.22
43.70
64.938
90.896
20
X
AVIATION SPECIALIST
4002
31
32
12.09
10.90
25.147
39.312
70
BIOLOGICAL SPECIALIST
5453
31
32
12.09
18.90
25.147
39.312
20
X
BIOLOGIST
5431
31
32
12.09
18.90
25.147
39,312
20
BOARD RECORDING SECRETARY
2019
22
23
10.22
15.32
21,258
31.666
60
BUDGET ANALYST
2620
31
32
12.09
18.90
25,147
39.312
20
X
BUILDING COORDINATOR
2147
32
33
15.13
22.11
31.470
45.959
20
X
BUILDING RADIO DISPATCHER
2119
21
22
8.58
12.77
17,846
26,552
60
BUILDING SECURITY SUPERVISOR
8199
51
52
20.11
29.05
41,029
60,424
20
x
BUILDING SERVICES SUPERVISOR
6231
41
42
16.07
24.11
33.426
50.149
80
X
BUILDING TECHNICIAN 1
2112
22
23
10.22
15.32
21.268
31.666
30
RIALDING TECHNICIAN 11
2113
22
23
10.22
15.32
21,258
31,866
30
BUILDING TECHNICIAN 111
2110
31
32
12.09
18.90
25,147
39.312
30
BUSINESS DEVELOPMENT ADMINISTRATOR
5027
51
52
20.11
29.05
41.829
60.424
20
K
BUSINESS SYSTEMS ANALYST
2490
32
33
15.13
22.11
31.470
45,989
30
X
BUYER
8018
31
32
12.09
118.90
25.147
39.312
20
x
BUYER SUPERVISOR
8021
32
33
15A3
22.11
31.470
45.989
20
X
CABLE TELEVISION INSPECTOR
2691
22
23
10.22
15.32
21.25E
31,868
30
CADD TECHNICIAN 1
7001
22
23
10.22
15.32
21,258
31.866
30
CADD TECHNICIAN 11
7002
31
32
12.09
18.90
25,147
39.312
30
Orange G1116nty I BCC
Broadband Pay Plan Classifications
=
Class
a Band / Band / `.81
Q ou rty `
Doily ;t 81 Q'Annirel''`B
1 Q Annual
� EEO
Job Title
,..Quad ,
,: Quad
Minimum .
Maximum_
Minimum .
Maximum :
Code
Exempt
ENVIRONMENTAL TECHNICIAN
2676
22
23
10.22
15.32
21,258
31,560
30
EVENT COORDINATOR
8191
32
33
15.13
22.11
31,470
45.989
20
X
EVENT PERSONNEL SCHEDULER
6134
21
22
8.58
12.77
17.846
28,562
60
EVENT STAFF SUPERVISOR
6198
31
32
12.09
18.90
25.147
39,312
20
X
EXECUTIVE ASSISTANT
1059
31
32
12.09
18.90
25.147
39.312
60
V16�CUTIVE SECRETARY
1088
22
23
10.22
15.32
21.258
31.866
60
EXHIBIT COORDINATORIGRAPHIC ARTIST
6104
31
32
12.09
16.90
25,147
39,312
29
FACILITIES CONSTRUCTION SUPERVISOR
3406
32
33
15.13
22.11
31.470
45.989
TO
X
fACILITIES ELECTRICAL SUPERVISOR
3408
32
33
15.13
22.11
31.470
45.989
TO
X
FACILITIES MAINTENANCE SUPERVISOR
3403
32
33
15.13
22.11
31.470
45,969
70
X
FACILITIES MECHANICAL SUPERVISOR
3407 '
32
33
15.13
22.11
31,476
45,989
70
X
FACILITY ENGINEER
3422
42
43
20A0
28.12
41.808
58.490
20
X
FAIR HOUSING COORDINATOR
5012
31
32
.12.09
18.90
25,147
39,312
30
X
FINANCE COORDINATOR. ADM. SUPPORT
1170
42
43
20.10
28.12
41,808
58.490
20
X
FINANCIAL Q SYSTEMS ADMIN SUPERVISOR
8135
51
52
20A 1
29,05
41,829
60.424
20
X
FINANCIAL COORDINATOR
8167
31
32
12.09
18.90
25.147
39,312
50
X
FINANCIAL SPECIALIST
5260
31
32
12.09
18.90
25,147
39.312
20
X
FIRE PLANNING & RESEARCH COORDINATOR
4559
32
33
15.13
22.11
31.470
46.989
20
X
FIRE PROTECTION SYSTEMS SPECIALIST
4555
32
33
15.13
22.11
31.470
45,950
30
FISCAL !I, ADMIN COORDINATOR
2686
42
43
20.10
26.12
41.808
58.490
20
X
FISCAL ADMINISTRATIVE SUPERVISOR
7041
42
43
20.10
28.12
41.808
580490
20
X
FISCAL ADMINISTRATOR
5019
52
53
24.22
33.89
50.378
70.491
20
X
FISCAL ANALYST
2621
31
32
12.09
18.90
25.147
39.312
20
X
FISCAL COORDINATOR
1126
22
23
10.22
15.32
21,258
31.866
50
FISCAL OFFICER
1125
32
33
15.13
22.11
31,470
45,989
20
X
FOOD SERVICE ASSISTANT
2235
11
12
6,09
9.09
12,667
18,886
80
FOOD SERVICE SPECIALIST.CORRECTtONS
2757
21
22
8,50
12.77
17.946
26.562
80
` orange County I BCC
Broadband Pay Plan Classifications
Jab Tiue t glass 83t1d`/; 8dhd`/* 8`i Q ltaudi.,~BHouily ; B. Sl Arintlelf �B 10 Mniji� �'.' EEO 1'�
Duad.:.--.Quad ; ..Minimum , Maximum Minimum: Maslrnum,; _ Code,'Exempt
INVENTORY CONTROL SUPERVISOR 8032 31 32 12.09 18.90 25,147 39.312 60
INVENTORY SUPERVISOR 4638 22 23 10.22 15.32 21.258 31.866 50
IT CONSULTING SERVICES SUPERVISOR 2466 51 52 20.11 29.05 41.829 60,424 20 X
IT CONSULTING SVS CONSULTANT 2467 41 42 16.07 24.11 33.426 50.149 20 X
JUVENILE JUSTICE COORDINATOR 2721 51 52 20.11 29.05 41.829 60.424 10 X
LAB SPECIALIST 5437 32 33 15A3 22.11 31.470 45.989 20 X
LABOR RELATIONS ADMINISTRATOR 2672 52 53 24.22 33.69 50,378 70,491 20 X
LABORATORY SUPERVISOR, ENVIRON. PROT. 5436 51 52 20.11 29.05 41,829 60,424 20 X
LABORATORY TECHNOLOGIST 5412 22 23 10.22 15.32 21,258 31.666 30
LABORATORY TECHNOLOGIST, PUB, UT1. 8800 22 23 10.22 15.32 21,258 31.866 30
LAND MANAGEMENT SUPERVISOR 4849 41 42 16.07 24A I 33,426 60.149 20 X
LANDSCAPE ARCHITECT 4051 31 32 t2.09 18.90 25.147 39.312 20 X
� UNDRY SUPERVISOR 2717 31 32 12.09 1B.90 25.147 39,312 30
GAL ADMINISTRATIVE ASSISTANT 4325 32 33 15A3 22.11 31,470 45,989 50 X
GAL ADMINISTRATIVE SUPERVISOR 4337 41 42 10.07 24.11 33,426 50.149 20 X
GAL DOCUMENTS SPECIALIST 4331 21 22 8.58 12.77 17,846 26.562 60
2EOAL DOCUMENTS SUPERVISOR 4330 31 32 12.09 18.90 25,147 39.312 60 X
LEGAL RECORDS CLERK 4323 21 22 8.50 12.77 17.846 26.562 60
LEGAL SECRETARY 4321 31 32 12.09 18.90 25.147 39.312 60
LICENSED PRACTICAL NURSE 4015 22 23 10.22 15.32 21.258 31.866 30
MAIL CLERK 1092 12 13 7.26 10.90 15.101 22,672 60
MAIL ROOM SUPERVISOR 1090 22 23 10.22 15.32 21,258 31.860 50
MAINTENANCE AND CONSTRUC. COOR., FIRE 4037 32 33 15.13 22.11 31.470 45.989 20 X
MAINTENANCE COORDINATOR 3479 32 33 15A3 22.11 31.470 45,989 20 X
MANAGEMENT 8 BUDGET ADMINISTRATOR 2623 51 52 20.11 29.05 41,829 60,424 20 X
MANAGEMENT ANALYST 2618 31 32 12.09 18.90 25,147 39,312 20 X
MANAGEMENT AND BUDGET ASSISTANT 2624 31 32 12.09 18.90 25.147 39.312 20
• Orange County / BCC
Broadband Pay Plan Classlflcallons
,. �• - t .1 f 7 S -, IS.'. �,
% ,ti;• ,� .,Cia9s•
;. J,+ A_•)�^. ••r.
..�. -. - -_.. ... la Vi.. - r i'.: ., ,.. � ,. '.,,.. ,,,t-D..'�Q./.
Mandl ;BLAMayly �B.lQHoudy.`'8/p'Annual, � o ,
r.
,ilund!
,Q'Mnua1
Job Title . ; r . : , -
:.Godo ...Quad
1luad
Minimum
MealOtum . ;<:
Minimym. , . •
Ma><Itnum
Code
.Exempt
MUSEUM TECHNICIAN
0102
22
23
10.22
15.32
21.256
31.566
30
NETWORK OPERATIONS SUPERVISOR
2688
42
43
20.10
28.12
41,808
58.490
20
X
NETWORK PERFORMANCE ANALYST
2668
32
33
15.13
22.11
31.470
45.989
20
X
NETWORK SERVICES SUPERVISOR
2663
51
52
20.11
29.05
41.829
60.424
20
X
NETWORK SERVICES TECHNICIAN
2065
31
32
12.09
18.90
25.147
39.312
30
NIGHT CUSTODIAL SUPERVISOR
3402
31
32
12.09
18.90
25.147
39.312
80
X
OFFICE SUPERVISOR
1120
31
32
12.09
18.90
25,147
39.312
20 •
X
OPERATIONS 8 ENVIRONMENTAL SCHEDULER
3433
22
23
10.22
15.32
21,258
31.866
50'
OPERATIONS FACILITY COORDINATOR
6846
22
23
10.22
15.32
21.258
31.856
30
OPERATIONS SHIFT SUPERVISOR
2421
32
33
15.13
22.11
31.470
45,989
30
OPERATIONS SPECIALIST
8065
31
32
12.09
18.90
25.147
39.312
80
✓PARALEGAL.
4336
31
32
12.09
18.90
25,147
39.312
20
X
PARENTICHILD RESOURCE COORDINATOR
8571
32
33
15.13
22.11
31.470
45,989
20
X
PARKS & REC OPERATIONS SUPTO
4634
41
42
16.07
24.11
33.426
50.149
20
X
PARKS 8 REC SUPPORT SVCS MAINT SUPV
4819
32
33
15.13
22.11
31.470
45,989
80
x
PARKS & RECREATION DISTRIGT SUPTO
4831
42
43
20A0
28.12
41,008
58.490
20
X
PARKS d RECREATION SITE SUPERVISOR II
4840
31
32
12.09
19.90
25,147
39.312
80
X
PARKS 6 RECREATION SITE. SUPVISOR 1
4038
31
32
12.09
18.90
25,147
39,312
80
X
PARKS PLANNING AND DEVELOPMENT SUPER.
4050
42
43
20.10
28.12
41.808
58.490
20
X
PC LAN NETWORK COORDINATOR
2688
41
42
16.07
24.11
33,426
50.149
20
X
PERMIT ANALYST 1
2012
22
23
10.22
15.32
21,268
31.806
50
PERMIT ANALYST it
2014
22
23
10.22
15.32
21.258
31,866
30
PERSONNEL SERVICES COORDINATOR
0528
22
23
10.22
15.32
21.258
31.866
60
PEST MANAGEMENT OPERATIONS SUPERVISOR
4003
32
33
15.13
22.11
31,470
45.989
20
X
PHARMACIST
4055
42
43
20.10
28.12
41.808
50,490
20
X
PHARMACY ASSISTANT
PLANNER 1
4011
5210
21
32
22
33
8,58
15.13
12.77
22A I
17,848
31,470
26.562
45,989
60
20
• Orange ty 1 BCC
Broadband Pay Plan Classifications
Class `'. Band /'Band / '
9 ! d hourly � ' B-/ Q.How1y j!-'Vj tilnual 8 % Q Annual EEO
Job Tine
Coda,.._
Quad
Quad
Minimum
, . Maximum. ,
,
. Minimum:
Maximum
!Coda
.Exempt
SENIOR HEAD TEACHER
8575
31
32
12.09
18.90
25.147
39,312
20
X
SENIOR HOUSING DEVELOPMENT ASSISTANT
5263
32
33
15.13
22.11
31.470
45.989
20
X
SENIOR HUMAN RESOURCE DEVELOPMENT SPEC.'
5002
32
33
15.13
22.11
31,470
45,989
20
X
SENIOR HUMAN RESOURCES ANALYST
50M
32
33
15.13
22A 1
31.470
45,989
20
X
SENIOR HUMAN SERVICES PROGRAM MANAGER
• 3069
51
52
20.11
29.06
41.029
60.424
20
X
SENIOR INVESTIGATOR
5076
32
33
ISA3
22.11
31.470
45,989
20
X
SENIOR LABORATORY TECHNOLOGIST
8801.
31
32
12.09
18.20
25.147
39,312
20
SENIOR LANDSCAPE ARCHITECT
4862
32
33
15.13
22.11
31.470
45.989
?0
X
SENIOR MAIL CLERK
1091
12
13
7.26
1Q90
15101
22,672
60
SENIOR MANAGEMENT & BUDGET ANALYST
2617
32
33
15.13
22.11
31,470
45,989
20
X
SENIOR MAPPINGIGRAPHICS ANALYST
249f
41
42
16.07
24.11
33,426
50.149
20
X
SENIOR MARKETING ASSISTANT
6163
31
32
12.09
10.90
25.147
39.312
60
SENIOR MEDIA LIBRARIAN
2411
22
23
10.22
15.32
21.258
31.066
20
SENIOR MEDICOLEGAL INVESTIGATOR
4093
31
32
12.09
18.90
25.147
39.312
50
SENIOR METER READER
8898
22
23
10.22
15.32
21.258
31.868
60
SENIOR MONITORING d EVALUATION COORD.
5253
42
43
20.10
28.12
41.608
50,490
20
X
SENIOR OPERATIONS MANAGER
8541
42
43
20.10
28.12
41,808
58.490
20
X
SENIOR OPERATIONS SPECIALIST
8898
32
33
15.13
22.11
31.470
45.959
70
Y /SENIOR PARALEGAL '
4335
32
33
15.13
22.11
31.470
45.989
20
X
SENIOR PERMIT ANALYST
2015
31
32
12.09
18.90
25J47
39,312
30
X
SENIOR PLANNING AND DEVELOPMENT ASSISTAN
5246
32
33
15.13
22.11
31,470
45,989
20
X
SENIOR PLANS EXAMINER
2182
32
33
15.13
22.11
31,470
45,989
30
SENIOR PROGRAM COORDINATOR
8544
31
32
12.09
18.00
25,147
39,312
20
X
SENIOR PROGRAMMER ANALYST
2468
41
42
10.07
24.11
33.426
50.149
20
X
SENIOR RELEASE INVESTIGATOR
4929
32
33
15.13
22.11
31,470
45,989
20
SENIOR RESIDENTIAL PLANS REVIEWER
2106
31
32
12.00
18.90
25.147
39,312
30
SENIOR SECRETARY
1067
21
22
8.56
12.77
17.846
26.562
60
a,[, ( FA 1- b
City of Orlando
Fax Transmission
To: Marion J. Radson
City, County and Local Government Law Section
Fax #. 850-561-6826
From: Michelle C Tarrant
Compensation Analyst
Date: December 16, 1997
Pages: 19 including cover
Subject: Legal Department job descriptions
All.employees.are given flex money -for benefits depending on Age-and.
-p9k%ItI*c. AnnLkal_merit r lses.;ace glven4- o=ernptoyees that meet or..excead
overall performance ratings. The merit is 3% of the midpoint of the range
that position fails in. Additional merits can be given throughout the year.
For those employees that overall exceed performance standards, they are
eligible for a Performance incentive Program Award, addition to base, not
to exceed 3% of base pay. For those employees that exceed or meet
performance ratings, they are eligible for a Performance Bounus Award, a
lump sum amount not to exceed $2,000/yr. Any questions, please call
Michelle Tarrant at (407) 246.2052.
Human Resources Department/Personnel Management Bureau
400 S. Orange Avenue, 1st Floor
Orlando, FL 32801.3302
Phone (407) 246-2235 Fax (407) 246-2019
CITY OF ORLANDO
Assistant City Attorney (No Range)
Actual: $60,785.60
City Prosecutor (No Range)
Actual: $39,603.20
Chief Assistant City Attorney (No Range)
Average: $97,337.06
Police Legal Advisor (No Range)
Actual: $79,705.60
Administrative Receptionist:
$17,451.20-$26,330.00
Paralegal:
$25,542-$38,896
Legal Administrative Assistant:
$25,542.40-$38,896
Legal Secretary I/11:
$21,902.40-$33,321.60
Office Assistant:
$16,244.80-$24,39 8.40
� }q1/�3/% �
. John J. Copelon. J OFFICE OF THE COUNTY ATTORNEY
County Attorney 1 15 S. Andrews Avenue. Suite 423
•30ardC.d► inCoy: County eli0 COUNTY Fort Lauderdoie, FL 333C7
amd Loco+ Gover►~t taw
(954)•357-7600 - Fox (954) 357-7641 a Suncorn 4a2-7600
January 13, 1998
Fite No. 98-006
Marion J. Radson, Chair
The Florida Bar, City, County and
Local Government Law Section
200 E. University Avenue, 4th Floor
Gainesville, Florida 32602-1110
Re: Salary Survey
Dear Mr. Radson:
This is in response to your letter of December 1, 1997, to Legal Administrator Joan
Vaughan, who has been out of the office for over the past month.
1 am enclosing a copy of our Pay Plan for FY 1997-98 along with the job descriptions. All
of the employees in these positions are evaluated annually at the same time, shortly after
the beginning of the new fiscal year, with, sala-ry,..increases being merit driven. - a
in addition to the above positions, our office has the following Civil Service support
Positions, which are evaluated annually on the employee's anniversary date:
Legal, Secretary.4- .$23,247:74, -`to 136, 08134
.Legal --Secretary P .$21,061.25- .to $32,688.03
Cleck='Typist Ill $18,615.17- to $28,891.41
If this office can be of further assistance with your survey, please do not hesitate to contact
me. I would appreciate receiving a copy of your results upon completion.
Very truly yours,
Darla J. Costa
Paralegal/Administrative Assistant
do
Enclosures
RROWARD COUNTY 50AID OF COUNTY COMMISSIONERS — An Epual Opporlunlfy Employer and Provider of S*NICei _
Norman AWOMOWfr2 SCOrr I. COWOn SUZOnMe N. Gurnourper Mere ! jebermcrl Lon Nonce =,rrsn SYMO oVnler . Onn S. RCCs MM, Jr
World WNSO W4Pb: Irflp;J/w-•w.00.broward.fl.U-/I*pd
4.
jq
r•
jam:
John J. Copelon. Jr.' OFFICE OF THE COUNTY ATTORNEY
County Attomey }� - r` 115 S. Andrews Avenue. Suite 423
•so"C&714"incsy. County 8R ARD COUNTY Fort Lauderdale, FL 33301
and Locos Govemmenr taw
(954) 357-7600 a Fox (954) 357-7641 • Suncorn 442-7600
July 15, 1997
To: Board of County Commissioners
From: r., o I. y Attorney
Re: Pay Plan
The following pay plan covers those exempt positions of my office that are not covered under the County
Position Classification and Pay Plan.
CLASSMCATION
Deputy County Attorney
Chief Trial Counsel
Chief Appellate Counsel
Assistant County Attorney
Db ector of information & Office Systems
Legal Administrator
Legal Records Manager
Paralepl/Administrative Assistant
Paralegal
Legal Automation Assistant
Paralegal Assistant
Research Assistant
Records Management Assistant III
Records Management Assistant 11
Records Management Assistant I
JJCrav
PAY PLAN
$70,000.00
$127,181.00
$70,000.00
S127,181.00
$70.000.00
$127,181.00
$30,000.00
S 104,186.00
S48,100.00
S 63,400.00
S32,404.00
S 60,010.00
S28,000.00
$ 57,148.00
S27,943.00
S 51,410.00
$27,943.00
S 50,446.00
$23,509.00
$ 49,216.00
S20,272.00
$ 34,834.00
520,272.00
S 34,834.00
$22,072.00
S 36,724.00
S20,272.00
$ 34,834.00
$15,269.00
S 29,581.00
I OWARO COUNTY OOARD OF COUNTY COMMISSIONERS — An Equal Opoommity Employer and ►rovlder of Services _
Norman AbramovofZ SCon 1. Co%van St,=nne N. Gv0Zour9er Ilene u osernon Lon Nance Porm1% Sylvio nos+.or JChn E. Rooltrows. Jr
World wide WeW nnP:); Www.C*.broward.fl.us/sepal
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