HomeMy WebLinkAboutR-98-0883J-98-868
9/14/98
RESOLUTION NO. J 8- 883
A RESOLUTION, WITH ATTACHMENT (S), RATIFYING,
APPROVING AND CONFIRMING MAYOR JOE CAROLLO'S
APPOINTMENT OF DONALD H. WARSHAW AS CITY
MANAGER OF THE CITY OF MIAMI, FLORIDA,
EFFECTIVE UPON FINAL APPROVAL BY THE
OVERSIGHT BOARD; FURTHER AUTHORIZING THE
SALARY, BENEFITS AND SEVERANCE PAY TO BE
RECEIVED BY CITY MANAGER DONALD H. WARSHAW.
WHEREAS, pursuant to Resolution No. 98-657, adopted June 23,
1998, Mayor Joe Carollo appointed Donald H. Warshaw to the
position of Acting City Manager of the City of Miami, Florida,
until July 23, 1998; and
WHEREAS, pursuant to Resolution No. 98-792, adopted July 21,
1998, the City Commission ratified, approved and confirmed a
fifty day extension to Donald H. Warshaw's appointment; and
WHEREAS, the Mayor wishes to appoint Donald H. Warshaw as
the City Manager of the City of Miami, to take effect upon
approval by the Oversight Board of said appointment, salary
benefits, and severance pay contained herein; and
Whereas, Donald H. Warshaw shall continue to serve as acting
City Manager until final action is taken on this Resolution by
the Oversight Board; and
WHEREAS, the City Commission wishes to approve a salary,
ATTACHMENT (S)
C0NTAINED
SEP 14 1998
C
benefits and severance pay package for the City Manager; and
WHEREAS, the benefits, compensation and severance package
attached hereto specifically refers to terms and conditions
defined in accordance with established City of Miami policy as
set forth by the City Department of Labor Relations;
WHEREAS, upon Donald H. Warshaw's retirement as Chief of
Police of the City of Miami, the City Commission wishes to
approve the five percent (5%) enhancement to salary provided by
contract to the Fraternal Order of Police Bargaining Unit
employees as a matter of right and customarily provided to
managerial and executive police personnel at the discretion of
the City Manager; and
WHEREAS, the City of Miami desires to pay reasonable
attorneys' fees in the sum of approximately $13,000 incurred by
Donald H. Warshaw related to his power, position and authority as
Chief of Police during the initial implementation of the Charter
of the City of Miami approved in November, 1997; and
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Mayor Joe Carollo's appointment of Donald H.
Warshaw as City Manager of the City of Miami, Florida, is hereby
ratified, approved and confirmed, upon approval of this
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Resolution in its entirety by the Oversight Board.
Section 3. Donald H. Warshaw shall remain in his
position as Chief of Police until the Oversight Board approves
this Resolution in its entirety and until the effective date of
this Resolution.
Section 4. Upon approval by the Oversight Board, the
salary, benefits and severance pay to be received by Donald H.
Warshaw as City Manager, listed on Attachment No. 1, attached
hereto and made a part hereof, are hereby set forth and
authorized:
(A) As compensation, Donald H. Warshaw shall receive the
annual sum as set forth in Attachment 1 and shall
receive the same cost of living increases, if any,
available on an annual basis to all eligible City of
Miami employees; and
(B) As severance, Donald H. Warshaw shall be entitled to
no additional compensation beyond his salary on the
last day of employment if terminated for cause.
Cause is defined as (1) conviction of a crime by any
state or federal agency or (2)) committing an act of
gross malfeasance. If terminated for any reason
other than cause during either of the first two
years of this agreement, Donald H. Warshaw shall
receive a sum equal to one year's compensation as
set forth in Attachment No. 1. If terminated for
any reason other than cause after completion of the
first two years of this agreement, Donald H. Warshaw
shall receive a sum equal to six months'
compensation as set forth in Attachment No. 1.
Section 5. Donald H. Warshaw shall receive a retroactive
increase of five percent (5%) for his last or highest one year
salary as Chief of Police.
Section 6. The City agrees to pay the reasonable
attorneys' fees in the sum of approximately $13,000 to Jerome H.
Wolfson, Esquire, of the law firm of Wolfson, Diamond and
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Grossman, P.A.
Section 7. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.1/
PASSED AND ADOPTED this _ 14th day of September , 1998.
ATTEST:
WALTER J. O CITY CLERK
CORRECTNESS:t/
PDRO VIIA"RELLO
ATTORNEY
W2835:MJC:BSS
l� If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted.
If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
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98- 883
09/28/1998 23:02 3054162065 LABOR RELATIONS PAGE 02
SALARY AND BENEFIT$
BENEFITS
DONALD H. WARSiIAW
Sala
$138 O00
Leave Time
Vacation
38 Daye/Yr. (25.33 hra/mth)
No yearly payoff
12 Days/Yr. (8 hre/mth)
Sick
No yearly payoff
2 Days/Yr. each Jan.
Earned Personal Leave
No yearly payoff
11 Days/Yr.
Holida a
Insurance
Health
$13,032 (no deductible)
Life
$ 1.668 ($278,000
Group Policy)
AD&D
Included in Life
DisubgLtX
None
Car
Leased Car
$7,656 (includes insurance)
Gas Card
1,200 annu estimate
Expense Allowance
Reimbursement of
reasonable expenses
IRA
None
Deferred
Com o=ntion
$ 8,000 807.69 aperiod)
$1,153.85 per pay period
Retirement
$30,000 (max allowed)
401 a
22.240A of e
Cafeteria Plan I
None
E
CASH VALUE
RY AND $199.556
TS
Bonus: None
Severance Pay $138,000
1 year's pay First tivo years of
employment, 6 months
thereafter.
Payment of all eccruad
vacation and sick leave
Geilular phone, home fax and home phone line provided.
LBR ae/iwas
38- US3