HomeMy WebLinkAboutItem #05 - Discussion ItemFrank K. Rollason
Interim Administrator
A. uinn o es, III
City Atto ey
INTER -OFFICE iNIE.NIORA JDUNI
'97 DEC 17 All :34 December 16, 1997 A9701009
Request for Review
_° ALTER J. FOEMAN
CITY CLERK
CITY OF P11AM1, FLA_r �E` Warshaw's Exit Package
--NI-L�_suRts
At your request I have reviewed the "exit" package for Chief Donald Warshaw dated
November 21, 1997. The Separation Agreement is nothing more than a purported
contingency agreement, said contingency being the retirement of Chief Warshaw on
January 2, 1998, if he so chooses.
What is particularly troubling is the fact that we have a Separation Agreement that is
inclusive of retirement benefits that Chief Warshaw would have been entitled to whether
he entered into such an agreement or not. I do believe that the agreement must fail for
lack of consideration and definiteness. In addition, and insofar as the retirement benefits
are concerned, there is no benefit being conferred to the legal detriment of the City.
Therefore, the agreement is of no legal consequence in this regard.
With respect to the City of Miami paying health benefits for a period of four years
subsequent to retirement and providing him with an assigned vehicle, facsimile machine,
telephone and pager, in his capacity as paid consultant, the value of same would
apparently exceed $4,500. The City Manager did not have the authority to enter into an
agreement in excess of $4,500. Any agreement in excess of $4,500 must be approved by
the City Commission and the City Manager must be specifically authorized to enter into
same on behalf of the City of Miami. Accordingly, the Separation Agreement is an ultra
vires act and must be deemed a nullity.
Please note that I have not addressed those queries you've referenced in your
memorandum of December 16, 1997 to The Honorable Xavier L. Suarez, Mayor.
Notwithstanding, I do not believe that there exists a conflict of interest for me to opine on
this matter and, therefore, outside counsel is unnecessary.
cc: Mayor Xavier L. Suarez
Honorable Chairman and Members
of the City Commission
Donald Warshaw, Chief of Police
Walter J. Foeman, City Clerk