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HomeMy WebLinkAboutR-96-0837r LT- 96-1315 1� 11/21/96 9 6 - RESOLUTION N0. A RESOLUTION AUTHORIZING THE ENGAGEMENT OF THE LAW FIRM OF BRUCE S. ROGOW, P.A., TO SERVE AS COUNSEL TO THE CITY ATTORNEY, CITY CLERK AND ASSISTANT CITY CLERK, IN CONNECTION WITH THE LAWSUIT, BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST V. CESAR ODIO, A. QUINN JONES, III, MATTY HIRAI, WALTER J. FOEMAN AND MARIA J. ARGUDIN, IN THE ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR DADE COUNTY, FLORIDA, CASE NO. 96-22445 CA-03, WITH FEES FOR SAID SERVICES NOT TO EXCEED $15,000; ALLOCATING FUNDS THEREFOR FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT CODE NO. 620103-653 FOR SAID SERVICES. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Attorney's engagement of the Law Firm of BRUCE S. ROGOW, P.A., to serve as counsel to the City Attorney, City Clerk and Assistant City Clerk, in connection with the Lawsuit, Board of Trustees of the City of Miami General Employees' Retirement Trust v. Cesar Odio, A. Quinn Jones, III, Matty Hirai, Walter J. Foeman and Maria J. Argudin, in the Eleventh Judicial Circuit Court in and for Dade County Florida, Case No. 96-22445 CA-03, with fees for said services not to exceed $15,000, is hereby authorized, with funds therefor hereby allocated from the Self -Insurance and Insurance Trust Fund, Account Code No. 620103-653 for said services. Section 2. This Resolution shall become effective / immediately upon its adoption. CITY COMMISSION MEETUIC OF NOV 2 1 1996 Resolution No. a6-837 r� l PASSED AND ADOPTED this 21st day of November, 1996. /l OE CAROLLO, MAYOR ATTES (/ CITY CLERK RISK MANAGEMENT REVIEW: FRANK K. ROLLASON, DEPUTY CHIEF CHIEF OF RISK MANAGEMENT DIVISION BUDGETARY REVIEW: MICHAE VIN, DIRECTOR FINANCE DEPARTMENT APPROVED AS TO FORM AND CORRECTNESS: A. U J NES, III CITY AT7 /9RNEY AQJ/rcl/w1324 r CITY OF MIAMI, FLORIDA INTER-DFFICE MEMORANDUM Honorable Mayor and Members November 12, 1996 ro : of the City Commission DATE : FILE SUBJECT : COmn-dssion Discussion Item: /a Board of Trustees of GESA Retirement Trust lfs,I--- vs. Cesar Odio, A. Quinn Jones, III, et al FROM :A. P1 JoREFERENCES : City Commission Meeting City Attorn November 21, 1996 i ENCLOSURES: (1) a I At the November 21, 1996 City Commission Meeting I wish to discuss pending litigation regarding the Board of Trustees of the City of Miami General Employees' and Sanitation j Employees' Retirement Trust vs. Cesar Odio, A. Quinn .tones, III, Matty Hirai, Walter J. Foeman, and Maria J. Argudin, Case Into. 96-22445-CA-01/08, in the Circuit Court for Dade County, Florida, as it pertains to pension benefits granted by the City Commission and legal representation. W092:BSS -1, IN THE CIRCUIT COURT FOR DADE COUNTY, FLORIDA BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST, Plaintiff, VS. CESAR ODIO, A QUINN JONES, MATTY H111M, WALTER J. FOEMAN, AND MARIA J. ARGUDIN, Defendants 11 CASE NO. �(Q —;ZA7 %�— e"`�— O, Florida Bar No. 112970 a -n 174 z000 no'? o rn Viz:, gel— �� t w• r' T � �•i � aDh c COMPLAINT W Plaintiff BOARD OF TRUSTEES OF THE CITY OF MIAMI GENERAL EMPLOYEES' AND SANITATION EMPLOYEES' RETIREMENT TRUST sues defendants CESAR ODIO, A QUINN JONES, III, MATTY HIRAI, WALTER FOEMAN, AND MARIA J. ARGUDIN and alleges: 1. This is an action for declaratory judgment and supplemental relief. 2. plaintiff is the administrator of the retirement plan established by Sec. 40.226 of the Ordinances of the City of Miami, Florida a municipal corporation of the State of Florida, with the right to sue and be sued as an entity. 3. The defendant CESAR ODIO was the former City Manager of the City of Miami and was a member of the retirement plan. 4. The defendant A. QUINN JONES, III, is the current City Attorney of the City of Miami and a member of the retirement plan. 5. The defendant MATTY HIRAI is the former City Clerk of the City of Miami and was a member of the retirement plan. 6. The defendant WALTER FOEMAN is a former Assistant City Clerk of the City of Miami, the current the City Clerk of the City of Miami and a member of the retirement plan. 7. The defendant MARIA J ARGUDIN is the current Assistant City Clerk and a member of the retirement plan. 8. On or about September 12, 1996 the defendant CESAR ODIO filed a retirement application with the plaintiff requesting a service retirement. g 6." 8 '7 3 'tw 9. The applicable ordinance of the City of Miami provides as follows ... A member exercising service retirement on or after October 4, 1991, shall be entitled to receive a retirement allowance equal to two and one quarter(2.25) percent of the member's average final compensation multiplied by years of creditable service, which amount shall be paid yearly in monthly installments. 10. The applicable ordinance defining average final compensation provides that said compensation shall be based on the members annual earnable compensation. 11. The applicable ordinance defining earnable compensation provides as follows: Earnable compensation shall mean an employee's base salary, including pick up contributions, for all straight time hours worked, plus assignment pay and payments received for vacation and sick leave taken, jury duty, and death -in -family leave taken. Earnable compensatior. shall not include overtime pay; payments for accrued sick leave, accrued vacation leave, or accrued compensatory leave holiday pay; premium pay for holidays worked; the value of any employment benefits or nonmonetary entitlements; or any other form of remuneration. 12. The City Commission of the City of Miami on or about May 23, 1994 passed a resolution "pertaining to compensation benefits and emoluments to be received by " the defendant CESAR ODIO. A copy of said resolution is attached hereto and marked exhibit "A". 13. The remaining defendants all had similar resolutions passed pertaining to their compensation benefits. A copy of those resolutions as they pertain to each defendant, are attached hereto and marked exhibit "B". These defendants are joined in this proceeding as a decision as to the defendant ODIO would affect the remaining defendants rights. 14. The Plaintiff contends that since the Defendant ODIO only received an increase in benefits for "pension purposes" and the City of Miami did not report that any money was actually received when it filed the required documents with the Internal Revenue Service that the transaction described in Exhibit "A" fal'_s within the exceptions of what is ezmable compensation contained in the ordinance referred to in paragraph 11 herein. 15. The defendant CESAR ODIO contends that the transaction as described in exhibit "A" is earnable compensation consistent with the ordinance described in paragraph 11 and that any pension that he receives should be based on a sum which includes the benefit given for "pension purposes only". 16. Plaintiff is in doubt about plaintiffs rights and obligations with respect to the resolutions and ordinances as passed by the City of Miami, Florida. WHEREFORE, plaintiff demands judgment declaring its rights and obligations under the resolutions and ordinances as passed by the City of Miami, Florida RON SILVER P.A. - Attorney for Plaintiff P.O. Box 630624 North Miami Beach, Florida 33163 305-932-6184 Florida Bar 112970 4 96-837 ri 71- U J-94--482 5/23/94 � RESOLUTION No. '4- 348 A RESOLUTION AMENDING SECTION 8 OF RESOLUTION NO. 86-11, ADOPTED JANUARY 9, 1988, AS AMENDED, THEREBY MODIFYING CERTAIN COMPENSATION BENEFITS AND EMOLUMENTS TO BE RECEIVED BY CESAR H. ODIO AS CITY MANAGER OF THE CITY OF MIAMI, FLORIDA. WHEREAS, on November 26. 1985, the City Commission adopted Resolution No. 85-1175 whioh appointed Cesar H. Odio as the City Manager; and WHEREAS, on January 9, 1986, the City Commission adopted Resolution No. 86-11. pertaining to oompensation benefits and emoluments to be received by Cesar H. Odio as City Manager of the City of Miami, Florida; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI , FLOR=A : Section 1. Section 8 of Resolution No. 86-11, adopted January 9, 1988, as amended, pertaining to compensation benefits and emoluments to be received by Cesar H. Odio-as City -Manager of r L ' I- _ - it n it C= copoc .gx 0 XzrrmC OF MAY Z3 M �i T H U 1 1 J 1 ^ i the City of Miami. Florida, is hereby amended in the following partioulars:l/ Section 2. This Resolution shall become effective immedi$tely upon its adoption. PASSED AND ADOPTED this 23rd day of 1a,7 . 1994. ST PHEN P . C RK.. MAYOR ATT T: NATTY HIRAI CITY CLERK APPROVES AS TO FORM AND CORRECTNESS: i A. J S, I2I CItoRmy AQJ:osk:X4374 words and/or figures stricken through shall be deleted. Undo'rsoored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Ast4risks indicate omitted and unchanged material. l A � lip' - 8 "' {� r i Hl.l 1 E �• 1�,TSY-CITY of MIAMI �1- 8-91 11 :3.3-ky P 0 1 Post•ft- brand fax transmittal memo 7671 / or vc�• • — ,3� Tv From' Fax 8/23194 1 RESOLUTION NO. � � r � � 0 A 3ZZSOLTJTION XLEM. EG MM REAPPOINTING A. qVI1iH JONES, III. AS CITY ATTORM OF TEE CITY OF XMI , FLORIDA, TO 31OLD OFFICE A9 PROVIDED FOR IN TUB CITY CHARTER; AND FIXING ! SALARY AND BMMFITS FOR SAID REAPPOINTEE. • j WHEREAS, the City Charter provides that the City Commission I shall elect and appoint a City Attorney; and WEEMS, the City Commission is obligated to eleot andI appoint a City Attorney to hold offioe =til the ilrst Commission! Meting folloving the next regular City election, as provided for in the City Charter; sad • MOREAS, the City Commies:l.on, at its meeting of November 23, � 1991, deferred the elootion and &ppointment of the City Attorney Until 1,pril 10941 and 1fEEMS. A.Qaib . �4s4 i.. 5�, has competently performed his l duties go City Attorney In a oapabla and professional wanner; and the City C0mmisui0n directed that the Cl.ty ALte=ey, City Clerk and Assistant. City Clerk be granted a. tan percent (10%) idortsaxe in salary In addition to tote: equivalent amount to be applied for pens+un purposes; --' C/ C1iY Cn1� ME1!i:C or, ?XA" 7 3 t 1 } r P 9 rQ- 5 _oh THU` c �, SET By' -CITY OF MIAMI ��- o-94 :11:330 CITY J1ay.�GFR' 1 NOW, THEREFORE, BE IT RESOLVED BY THE CONXIBSION OF M CITY. OF 3 x"r , FLORIDA: Sootion 1. A. Quinn Jones, III, is hereby also -Cod andl reappointed an City Attorney of the City of Miami, Florida, toI hold c,tioe until the first meeting following the next regular muziolpai eleotion. as provided for in the City Charter. Seotion 2. A. Quinn Jonea, III, is hereby granted a tenj poroont (10%) salary inorease banad upon his present salary, to beoome efi'eotive Xay 23, 1994. Seotion 3. it is further grunted that, for pension � porposes, the annual ealasry for A. Quinn Joueo, III dill be � $239,130.76, to bdoonze affective Xay 23, 2994. All salary inore"on for. pension purposes approved herein above A. Quinn Jones.. 1XV0 annual salary of $105,600.00. les0 any ! luorsaaae in payroll deduotions related to such salary inoreases, will be reimbursed by A. Quinn Jones, III to the City as long as he sussing on the City's payroll. 8®otioa �. A. Quinn Conea, III, shall be reimbursed by the City for his ten peroent (20%) employee contribution, or he MAy, at his option, partioipate in any one retirement program which heretofore bas been authorized by ordl.szance of the -City of xismi , Tloaida . I 96-837 -�� -- TNI.I 1 6 - j%,55flll t CITY Of JilA�1! 6-94 :11.31AM CITY MANAGiR By : �II Haotion 8. A. Qul= 'ones, zxi. ie further entitled td Q11 benefits upon tha same terms and oonditions presently; existing, Reotion S. This Resolution 911a11 beoome effeotive 4 immediately upon its adoption. 1�1 rI I I PASSED AND ADOPTED this =de day of _.YAy._. 1994. t S=*fXMq 2. CLARK, XAYOR •. t ATT '. f MAT,n RI&AT CITY C14M APPROVE? AS TO FORM MM CORRECTNESS: A. "QUM ;9M. IZT CITY ATTOPft AW z 06k:Y39aa SEP- S -a6 T14U 1 0,: J-93-766 VW94 94-- 352 RESOLUTION NO. A RESOLUTION ELECTING AND REAPPOINTING MATTY HIRAI AS CITY CLERK OF THE CITY OF MIAMI, FLORIDAr TO HOLD *OFFICE AS PROVIDED FOR IN THE CITY CHARTER; AND FIXING SALARY AND BENEFITS FOR SAID REAPPOINTEB.. P . 0 2 WHEREAS, the City Charter provides that the City Commission shall elect and appoint a City Clerk; and WHEREAS, the City Commission is obligated to eleot and appoint•a City Clerk to hold office until the first Commission Meeting following the next regular City election, as provided for in the City Charter; and WHEREAS. the City CONMI93i0n, at its meeting of NovembOr.R3. 1993, deferred the eleotion and appointment of the City Clerk until April 1994; and WHEREAS, Natty Hirai has competently performed her duties as City Clerk in a capable and professional manner; and WHEREAS, the City Commission directed that the City Attorney, City Clerk and Assistant City Clerk be granted a ten peroent (10%) inorease in salary in addition to the equivalent amount to be applied for pension purposes;cm CaRRS STON XTVTTXG OF 10 MAY 7 3 1994 ,�. G S�FrP_- S 9. 6 - rHU. 1_0 I V P _ 0 3 NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Seotion 1. Natty Hirai is hereby elected and reappointed as City Clerk of the City of Niami, Florida, to hold offioe until the firot meeting following the next regular municipal election, as provided for in the City Charter, Section 2. Natty Hirai is hereby granted a ten peroent (10%) salary increase based upon her present salary, to become effeotiye May 23, 1994. Seotion 3. It is further granted that, for pensi m purposes, the annual salary for Natty Hirai Will be $135,694.24, to .LeGQme effe3tive may.. 23, 1994. All salary, increases for pension purposes approved herein above Natty Hirai's annual salary of $102,991.82, less any increases in payroll deduotions. related to such salary increases, will be reimbursed by Natty Hirai to the City as long as she remains on the City's payroll. Section 4. Matty Hirai shall be reimbursed by the City for, hei ten percent (10%) employee contribution, or she may, at her option, participate in any one retirement program which heretofore has been authorized by ordinance of the City of Miami, Florida. °- 352 �. -2- 9 6 , - 8 3 �1 r SEP-_96,, Tj:�(J_ 1.0,:26 P_ 04 i � l " SeQtion 8. Natty Hirai is further entitled to all benefite upon the same terms and conditions presently existing. Seotion 6. This Resolution shall become effeotive immediately upon its adoption. PASSED AND ADOPTED this _ day of May 1994. STEPHEN P. CLARK, MAYOR ATT Y4ATTY HYRAT CITY CLtRK APPROVED AS TO FORM AND CORRECTNESS: A. Q S S. III CITY A Y AQJ:osk: 3921 �4- 35% . 837 9 SEP- 6 I ' � t P- as CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM HI=rabie Mayor and Members DATE H=,oh 23. 19A4 ftlE . of the City Cm SMECT : Hieotion and Appointmmt Of City offioers ROM; A. AEFEREKES . City C�B:Ed= Meeting city At April 14 1994 Emx.osuRes . (2) ThO provisions of the City Charter require that the City Commission eleot and appoint the City Clerk and City Attorney to hold of ioe until the first meeting folloving the next regular City a eotion. The City Charter also provides for the appointient of the City Manager, however his term of offioe is indefinite. At the November 23rd City Commission Meeting the City Commission deferred the eleotions and' reappointments of the City Attorne and City Clerk until the April 14, 1994 Meeting. The attaoh resolutions are being submitted to the Agenda Offioe for plaoement on said Meeting Agenda. NSSsP94� oo: Cefiar U. Odio. City manager Patty Hirai, City Clerk 3-1 I' SEP- -9.6 T_MU, i A '"­7 P . 06 14 e7-94-472 8/23194 015 RESOLUTION NO. 9 4— 352.1 A RESOLUTION APPROVING AND CONFIRMING THE CITY CLERK'S REAPPOINTMENT OF WALTER J. POEMAN TO SERVE AS ASSISTANT CITY CLERK OF THE CITY OF XIAHI. FLORIDA; CITY COMXT SSION FIXES SALARY AND BENEFITS FOR SAID REAPPOINTEE. WHEREAS, the City Charter provides that the City Commission shall eieot and appoint the City Clerk; and WHEREAS, the City Clerk elects and appoints an Assistant City Clerk to hold office until the" first Commission meeting folloving the next regular City election; and WHEREAS, the City Commission, at its meeting of November 23. 1993, deferred the election and appointment of the City Clerk until April. 1994; and WHEREAS, Walter J. Foeman has oompetently performed his duties as Assistant City Clerk in a Capable and professional manner,. and the City Clerk has reappointed Mr. Foeman as Assistant City Clerk; and WHEREAS, the City Commission direoted that the City Attorney, City Clerk and Assistant City Clerk be granted a ten percent* (10%) increase in salary in addition to the equivalent amount to be applied for pension purposes; MY cobadls=x METWO OF MAY 23 M§ a*. f. �4- 352.1 -86"7 rl 6_ T.H U 1 -^ _ �.. 18 P - ta 3 Section 3. Maria J. Argudin is hereby granted an annual salary of Section `. Maria J. Argudin is granted, for pension purposes, the annual salary of $102,605.78 to become effective this date. All salary increasel for pension purposes approved herein above Ms. Argudin's annual salary of $77,879.15, less any increases in payroll deductions related to such salary increases, will be reimbursed by Ms. Argudin to the City as long as she remains on the City's payroll. Section S. Maria J. Argudin is further entitled to all other benefits at the tame terns and conditions as granted to the immediate past Assistant City Clerk, including retirement program options, the executive benefits package, and the same number of days of sick leave as all other employees. Section 6. This Resolution shall become effective immediately upon its adoption. P1LSSBD AND ADOpno this lot day of Jun• 1995. `?k wlt� � STEPINN P. CLARK, YOR ATTEST: WALTER J EMM Cl* CL)IPX APPROM AS TO FORM AND CORRECTNESS: ZYZ Cirt ATror Fi157:8$S -2- 95- 438 96-837 SFP— t: —96 THU t i 4 ' J-95-523 6/1/95 1 _ RESOLUTION N0. 9 5 r 1138 A RESOLUTION APPROYINa AND CONFIRMING THE CITY CLERK'S SELECTION AND APPOINTMENT OF MARIA J. ARGUDIN TO SERVE AS ASSISTANT CITY CLERK, AND FIXING SALARY AND BENEFITS FOR SAID APPOINTEE. P - 5 2 WHiREAS, in 1986 the City Commission authorized the City Clerk to select and appoint an Assistant City Clerk to serve in that position and further approved the amount of compensation to be paid said Assistant City Clerk; and WHEREAS; the individual appointed in 1986 has been appointed as the City Clerk; and WEREAS, the newly appointed City Clerk his selected and appointed Maria J. Argudin to serve as Assistant City Clerk; and WMREAS, pursuant to Resolution No. 91-799, the City Commission authorized that the Vxecutive Benefits Package be extended to the Assistant City Clerk; and WHEREAS, pursuant to Resolution No. 94-352.1, the City Commission authorised certain benefits for pension purposes; 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 it fully set forth in this Section. Sectioa Z. The City Clerk's selection and appointment of Maria J. Argudim to serve as Assistant City Clerk is hereby approved end confirmed. CITY COM CSSION NEETWO OF JUN.0 1 1.095 A4wlution No. nr .4'0Q T H U Section 6. This Resolution shall become effective immediately upon it$ adoption. PASSED AND ADOPTED this ._ 23rd _ day of _._H,%y , 1094. S EP P. �CLARKMAYOR ATTE MATTY HIRAI CITY CL�n APPROM AS TO FORM AND CORRECTNESS: A. Q S, III CITY A AQJ:csk. g:�i��39 aw SEP- 5-96 T HU i ©,_ • 7 P _ 0 7 NOV. THEREFORE, BE IT RESOLVED BY THE GomNISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City of Miami Commission hereby approves and confirms the City Clerk's reappointment of Walter J. Foeman to serve as Assistant City Clerk of the City of Miami, Florida, until the first Commission meeting following the next regular City election. Section 2. The City Commission hereby grants Walter J. Foeman a ten percent (10%) salary inorease based upon his present salary,.to become effective May 23, 1994. Section 3. It is further granted that, for pension purpose&, the annual salary for Walter J. Foeman vill be $104,088.64, to become effective May 23. 1994. All Salary inoreases for pension purposes approved herein above Walter J. Foeman's annual salary of $78,999.44, less any increases in payroll; deductions related to such salary increases, Will be reimburped by Walter J. Foeman to the City as long as he remains on the City's payroll. Seotiom 4. Walter J. Foeman shall be reimbursed by the City fob his ten percent (10%) employee contribution, jU he may, at his option, partioipate in any one retirement program which heretofore has been authorized by ordinance of the City of Miami, Florida. Section 5. Walter J. Foeman Ss further entitled to all benefits upon the same terms and conditions presently existing. 96,&* 8 7 r/'4- 352.1 15