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Home My WebLink AboutR-96-06991i J-96-1339 10/7/96 RESOLUTION N0.,�_@(,' A RESOLUTION AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF GREENBERG TRAURIG, ET AL, P.A., AS COUNSEL TO PROVIDE A LEGAL OPINION TO THE CITY OF MIAMI IN CONNECTION WITH THE ROLLOVER OF INTERNATIONAL• CITY MANAGEMENT ASSOCIATION (ICMA) DEFERRED COMPENSATION MONEYS INTO THE CITY'S PENSION PLAN FOR FIFTEEN CITY OF MIAMI EXECUTIVES. WHEREAS, on or about October 7, 1996, the City Manager was required to engage the services of the Law Firm of Greenberg Traurig, et al, P.A., as counsel to provide a legal opinion to the City of Miami in connection with the rollover_ of International City Management Association (ICMA) deferred compensation moneys into the City's pension plan for fifteen City i of Miami executives; and WHEREAS, the City Attorney has respectfully recused himself because he is personally affected by the decision along with several members of his staff; and WHEREAS, it is therefore necessary to formally engage the services of the Law Firm of Greenberg Traurig, et al, P.A. as counsel to provide a legal opinion concerning the rollover of t ICMA moneys into the City's pension plan and resolve the issue of this matter through its conclusion; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Resolution No. 9 6 �� 6 9 9 r CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : Honorable Mayor and Members DATE : October 7, 1996 FILE of the City Commission SUBJECT : Outside Legal Counsel FROM : MerrePhar REFERENCES: City ENCLOSURES: 1. I requested a legal opinion on the rollover of International City Management Association deferred compensation moneys for fifteen City of Miami executives into the City's pension program (copy attached). The City Attorney has respectfully and appropriately recused himself because he is personally affected by the decision along with several members of his staff. .Accordingly, I sought i expert outside legal advise and recommend to the Commission that Mr. Steve Lapidus from Greenberg Traurig et. al. be retained temporarily as the City's legal counsel to resolve this issue and answer my request for a legal opinion. i i 2. Consistent with the "True Fiscal Emergency" resolution regarding the City's collective bargaining agreements I am recommending that the City engage the j services of James C. Crosland et. al. from the firm Muller, Mintz, Kornreich et. al. attached please find an explanatory letter from Mr. Crosland including a brochure from the firm. I have met with Mr. Crosland and am fully satisfied that he, by virtue of his excellent experience and respected reputation, will competently represent the City's interest at the bargaining tables if that proves necessary. Mr. Crosland's fee has been set at $125.00 per hour plus reasonable expenses. { i 96- 699 I LAW OFFICES MULLER, MINTZ, KORNREICH, CALDWELL, CASEY, CROSLAND & BRAMNICK, P.A. DAVID V. KORNREICH SUITE 3600, FIRST UNION FINANCIAL CENTER MICHAEL W. CASEY, III JAMES C. CROSLAND 200 SOUT14 BISCAYNE BOULEVARD JAMES S. BRAMNICK PAUL. C. HEIDMANN MIAMI, FLORIDA 33131-2338 GORDON D. ROGERS MIAMI (305) 356-5500 JOHN 0. GRONDA CARMEN S. JOHNSON BROWARD (954) 522-0393 JEFFREY E. MANDEL TELEFAX (305) 379-3802 DENISE M. HEEKIN ANDREW K. WILLIAMS DONNA M. DICHIARA PAUL T. RYDER, JR. FRANK H. HENRY RICHARD D. TUSCHMAN TERESA A. HERRMANN KELLY CHEARY NEIL F. McGUINNESS RONNIE S. CARTER MARY E. LYTLE BENTON N.WOOD CRAIG R. ANNUNZIATA October 4, 1996 Mr. Merrett R. Stierheim Office of the City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 Dear Mr. Stierheim: RAY C. MULLER (1924 - 1977) HERBERT B. MINT7 (1924 - 1993) JOSEPH A. CALDWELL (1923-1996) DEBRA A. ABBOTT (1954- 1996) ORLANDO OFFICE SUITE 1525, CITRUS CENTER P55 SOUTH ORANGE AVENUE ORLANDO, FLORIDA 32801-3415 TELEPHONE (407) 843 - 1400 TELEFAX (407) 843 - 1410 HAND DELIVERED Thank you for your interest in our firm. I trust the following will answer some of your questions regarding our firm and the type and level of services we can provide to the City of Miami. This law firm was founded in 1968 and is now the largest labor and employment law firm in the State of Florida. The firm is rated "AV" by Martindale -Hubbell Law Directory. Our practice is limited exclusively to the representation of public and private employers in labor law and related employment law matters. The firm has maintained offices in Miami since 1968 and in Orlando since 1977. We presently employ twenty-four (24) attorneys, each of whom devotes full time to representing management clients in labor and employment law matters. (The firm does not represent employees against employers.) Our attorneys have extensive experience in all phases of labor and employment law including Title VII of the Civil Rights Act of 1964; 42 U.S.C. §§ 1981, 1983, 1985(3) and 1988; the Age Discrimination in Employment Act of 1967, as amended; the Fair Labor Standards Act, as amended; the Equal Pay Act of 1963; the Rehabilitation Act of 1973, as amended; the Occupational Safety and Health Act; the Employee Retirement Income Security Act of 1974, as amended and, more recently, the Americans with Disabilities Act and the Civil Rights Act of 1991 as well as similar state and local legislation. 96- 6*nj" Mr. Merrett R. Stierheim October 4, 1996 Page 2 The following information is provided in response to the most frequent type of inquiries regarding our firm. 1. Attorney Profiles and Resumes. James Crosland would be the partner assigned to your account. The profiles of additional attorneys that may handle projects for the City are enclosed in the accompanying brochure. 2. Minority and Women Participation. Our firm is an equal employment opportunity employer. Many of our attorneys, including one of our partners, are women. Two are Hispanic and one is African -American. An additional female attorney (African -American) will join our finn as a new associate within the next few weeks. Minorities and women are also well represented among our support staff. Finally, the firm is constantly reviewing its recruitment efforts to further encourage minority and female applicants to consider this area of practice. 3. Other Clients. A listing of clients for whom we have provided public sector labor law services within the last five (5) years is also included in the enclosed brochure. The services provided to these clients include the full range of labor and employment law areas with particular concentration in collective bargaining negotiations, labor arbitrations and representation before the Public Employees Relations Commission and in state and federal courts. We have also included a listing of some of our private sector clients. 4. General Capabilities. Our firm maintains offices in Miami and Orlando, Florida. Our attorneys are assisted by law clerks, five paralegals, and a clerical and support staff of twenty (20). The firm maintains a well stocked library which includes the full range of labor and employment law reporters as well as a wealth of research materials. Additionally, the library contains federal and state court reporters and digests, the Florida Public Employee Reporter, Florida Statutes -Annotated, the Florida Administrative Code, Fair Employment Practice, and Labor Arbitration Reports. Finally, our Office Services include computer assisted legal research (WestLaw) and state of the art data and word processing facilities. 5. Legal Fees. We currently bill our public sector clients at an average rate of $145 per hour. We propose to provide services to the City at the reduced rate of $125 per hour. 6. Conflicts of Interest. Because the firm represents only management in labor and employment law matters, the potential for conflicts of interest is minimal. Furthermore, while retained as labor counsel, this firm would not undertake the representation of any party adverse to the City of Miami. LAW OFFICES MULLER, MINTZ. KORNREICH, CALDWELL. CASEY, CROSLAND S 6RAMNICK, P.A. [i MULLER, MINTZ, KORNREICII, CALDWELL, CAGEY, CROSLAND & BRAMNICK, P.A. SELECTED PRIVATE EMPLOYERS REPRESENTED The Abkey Companies dba Fuddruckers Acer Latin America, Inc. Alexander & Alex,,uider, Inc. American Bankers Ins. Group, Inc. American Medical Response American Trading Corporation Associated General Contractors AT&T AT&T American Transtech, Inc. AT&T Paradyne Atlas Paper Mills Bank of North America Baptist Hospital of Miami, Inc. Barfield Instrument Corp. Bentley Engineers and Architects Bethesda Memorial Hospital Betz Laboratories, Inc. Boy Scouts of America Brown and Root, Inc. Calder Race Course CBS, Inc. Carnival Hotels & Casinos Causeway Lumber Company Chase Federal Bank Chubb & Son, Inc. City Furniture City National Bank of Florida Computer Products, Inc. C.P.C. Baking Business Crown Sterling Suites Management Culligan Water Conditioning, Inc. Deutsch Siidamerikanische Bank, AG Dollar Rent A Car of Florida Don Shula's Hotel Eastern Cement Corporation Editorial America, S.A. Farm Stores FPL Group Florida Power & Light Company The Graham Companies Gulfstream Park Racing Assoc., Inc. Herzog Transit Services, Inc. Holy Cross Hospital International Paper Company Interstate Brands Corporation Jan -Bell Marketing, Inc. J.C. Penney, Inc. J.I. Case Corporation Lion Country Safari, Inc. Marine Cargo Management, Inc. MCA - Universal Television McDonnell Douglas Corp. Miami Aircraft Support, Inc. Miami Heart Institute Montanari Residential Treatment Center Motorola, Inc. Nabisco Foods Group National Car Rental System, Inc. National Council On Compensation Insurance (NCCI) Pan American Hospital Prudential Securities, Inc. Public Storage Management, Inc. Reliance National Insurance Company Renaissance Crises, Inc. Ryder System, Inc. Sea -Barge, Inc. Seaboard Corporation Seaboard Marine, Ltd. Sears, Roebuck and Co. Sextant Avionique, Inc. Smith Barney Inc. Sound Advice, Inc. South Miami Hospital, Inc. Southern Electronics Sunbeam Television Corp. (WSVN-TV) Sunshine Kitchens, Inc. Tecmarine Lines, Inc. Turner Foods Corporation United National Bank of Miami Universal Health Services Universal Studios/Florida Universal Studios/Hollywood Value Rent-A-Car, Inc. Vision -Ease Westin Hotels & Resorts WFOR-TV Witters Construction Company 96- 699 r, MULLER, MINTZ, KORNREICH, CALDWELL, CASEY, CROSLAND & BRAMNICK, P.A. SELECTED PUBLIC EMPLOYERS REPRESENTED City of Altamonte Springs MULLER, MINTZ, KORNREICH, CALDWELL, CASEY, CROSLAND & BRAMNICK, P.A. SELECTED PUBLIC EMPLOYERS REPRESENTED City of Altamonte Springs Monroe County School Board Broward Community College City of Mount Dora Broward County City of North Bay Village Broward County, Clerk of Court City of North Miami Broward County School Board City of North Miami Beach City of Cocoa City of Oakland Park City of Cocoa Beach City of Okeechobee City of Cooper City City of Oviedo City of Coral Gables City of Palatka City of Dade City Palatka Gas Authority City of Dania Palm Beach County Town of Davie City of Parkland City of Daytona Beach Pasco County City of DeLand Pasco County, Clerk of Court Escainbia County School Board Pasco County Tax Collector City of Flagler Beach City of Plantation Flagler County City of Pompano Beach Florida Public Personnel Ass'n City of Port Richey City of Fort Lauderdale City of Sanford The Housing Authority of the City Village of Sea Ranch Lakes of Fort Lauderdale City of Sebastian Town of Golden Beach Seminole County City of Hallandale Seminole County, Clerk of Court Indian River County Seminole County Port Authority Lake County Seminole County Property Appraiser Lake County, Clerk of Court Seminole County Tax Collector City of Lake Mary Seventeenth Judicial Circuit - City of Lighthouse Point Court Administrator City of Longwood South Broward Hospital District City of Maitland (Memorial Regional Hospital) City of Miami Beach City of South Miami The Housing Authority of the City City of Sunrise of Miami Beach City of Titusville Miami -Dade Community College Utility Board of the City of Key West Monroe County Volusia County Monroe County, Clerk of Court City of Wilton Manors 96- 699 Lim MULLER, MINTZ, KORNREICH, CALDWELL, CASEY, CROSLAND & BRAMNICK. JOHN D. GRONDA Born in Trenton, Michigan B.B.A. Degree (with high distinction) from University of Michigan, 1977 ■ J.D. Degree (cum laude) from Wayne State University Law School, 1980 Recipient, American Jurisprudence Award in Real Property; Bronze Scholarship Key; Bronze Scholarship Certificate Member (1979-1980) of Wayne State University Law Review s Author: "Taxation Cash Meal Payments Under the 1954 Internal Revenue Code," 26 Wayne Law Review 215, 1979 Co -Author: "Local Governments and the Fair Labor Standards Act," Stetson Law Review, 1986 A Admitted to Florida Bar, 1980 III Member, Florida Bar Labor and Employment Law Section i P.A. E I i i I 7 i I i { y I i i. i I I } i i I f