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HomeMy WebLinkAboutBack-Up - R-12-01252 & MinutesCity of Miami Legislation Resolution: R-12-0152 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00371 Final Action Date: 4/12/2012 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPOINTING TED GUBAAS THE INDEPENDENT AUDITOR GENERAL OF THE CITY OF MIAMI, FLORIDA, FORA FOUR-YEAR PERIOD, COMMENCING MAY7, 2012, AND SETTING THE SALARY AND BENEFITS TO BE RECEIVED. WHEREAS, pursuant to Resolution No. 12-00310, adopted March 22, 2012, the City Commission voted to select Ted Guba as the successful candidate to be appointed as Independent Auditor General of the City of Miami, Florida, subject to negotiating acceptable terms and conditions of Ted Guba's employment which includes compensation and benefits; and WHEREAS, the salary and benefits to be received by Ted Guba, as Independent Auditor General, are listed on "Attachment No. 1," attached and incorporated; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and finding contained in the Preamble to this Resolution are adopted by reference incorporated as fully set forth in this Section. Section 2. Ted Guba is appointed as the Independent Auditor General of the City of Miami, Florida, for a four-year period, commencing May 7, 2012, with the salary and benefits to be received by Ted Guba, as Independent Auditor General, listed on "Attachment No. 1," attached and incorporated. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{1} Footnotes: {1} 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. City of Miami Page 1 of 1 File Id: 12-00371 (Version: 2) Printed On: 12/23/2014 "ATTACHMENT 1" TO BE DISTRIBUTED PRIOR TO CITY COMMISSION MEETING ATTACHMENT NO. 1 BENEFITS FOR TED GUBA TYPE OF BENEFIT • . PROPOSED BENEFITS ' EFFECTIVE UPON COMMENCEMENT OF THE TERM SUBJECT TO RENEGOTIATION IN 12 MONTHS SALARY $145,000 annual salary payable bi-weekly (To remain in effect until changed by the City Commission,) CAR ALLOWANCE $500 per month CELLULAR PHONE ALLOWANCE $200 per month INSURANCE Health/Vision/Dental Life Accidental Death & Dismemberment Insurance Disability Insurance Executive Benefit Plan 2X Annual Salary 2X Annual Salary In the event that a disability plan is offered to other City executives, the Auditor General shall be provided a similar benefit. EXECUTIVE PHYSICAL One annual physical LEAVE TIME Vacation Sick Holidays 20 days per year, with a maximum of 15 days to be taken consecutively 10 days per year 11 days per year Auditor General shall receive no payment of any unused Vacation.and Sick leave. Such Vacation and Sick time shall be available on a use -it -or -lose -it basis over the duration of the Term. SEVERANCE NONE RETIREMENT Executive 401(a) plan - SUBMITTED NTO THE PUBL C REC•D FOR InN• /� - er2c<7i /77. / Oi i a. City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Thursday, April 12, 2012 9:00 AM REGULAR City Hall Commission Chambers City Commission Tomas Regalado, Mayor Francis Suarez, Chairman Marc David Sarnoff, Vice -Chairman Wifredo (Willy) Gort, Commissioner District One Frank Carollo, Commissioner District Three Michelle Spence -Jones, Commissioner District Five Johnny Martinez, City Manager Julie O. Bru, City Attorney Priscilla A. Thompson, City Clerk City Commission Meeting Minutes April 12, 2012 RE.20 12-00371 City Commission RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPOINTING TED GUBAAS THE INDEPENDENT AUDITOR GENERAL OF THE CITY OF MIAMI, FLORIDA, FOR A FOUR-YEAR PERIOD, COMMENCING MAY7, 2012, AND SETTING THE SALARY AND BENEFITS TO BE RECEIVED. Motion by Commissioner Carollo, seconded by Commissioner Gort, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner(s) Gort, Sarnoff, Carollo, Suarez and Spence -Jones R-12-0152 Chair Suarez: RE.20. Vice Chair, this is yours. I'm sorry. Commissioner Carollo, this is yours. Commissioner Carollo: Thank you. This is the -- approving the appointment of Ted Guba and also the settlement with his salaries. Let me pass it out. Give me a second, please. Commissioner Spence -Jones: We already know you were a tough negotiator, right? Commissioner Carollo: Well, what I thought was going to be a quick session, ended up being hours, so it took a few hours in negotiations. But I think it's something reasonable, even though some or many will say that what we negotiated is actually below market for this position, but at the same time, you know, Mr. Guba understands that we're all public servants and he understands the financial situation with the City of Miami. And what we did state is that, you know, in 12 months we'll renegotiate to see what's the position of the City at that time. But you will see in the salary the predecessor auditor was making a salary of close to $183, 000. We settled with Mr. Guba for 145, 000. As far as car allowance, the predecessor had a car allowance of $800 per month; Mr. Guba will be receiving $500 per month. The phone allowance stayed the same. When we talk about his insurance, we have what most executives make, and that will stay the same. With regards to leave time, first of all, I want to point out that all leave time will be use it or lose it. And the predecessor had 45 days of vacation time; Mr. Guba will receive 20 days of vacation time. Sick time: the predecessor had 12 days; Mr. Guba will receive 10 days. Holidays will remain the same. It'll be 11 days, and I think it's very important that we stipulate that it's on a use it or lose it. As far as severance, the previous auditor general had a severance package of six months. There will be no severance package with Mr. Guba. And as far as retirement, the predecessor had two different types of retirement. Mr. Guba will receive the retirement 401a plan, which is what I've been told all executives are offered. So this is what's before you for your consideration and I welcome, you know, any -- Chair Suarez: You want to make a motion? Commissioner Carollo: I'll make a motion that we accept this. And when I make a motion -- and, Madam City Attorney, you may want to help me. There is one thing. He did request that the commencement date be May 7. He stated that he wants to move inside the City of Miami -- into the City of Miami, so in the mean time, he's moving and doing everything he needs to do to actually move to the City of Miami, which I think is a plus. So he requested that his commencement date be May 7. So with that said, I will make a motion -- and give me a second -- to pass the resolution of Miami City Commission, with attachments, appointing Ted Guba as the independent auditor general of the City of Miami, Florida, for a four-year period, commencing May 7, 2012, and setting salary and benefits to be received in said attachment. I do want to point out said salaries and benefits are subject to renegotiations in 12 months. That's my motion. City of Miami Page 2 Printed on 12/26/2014 City Commission Meeting Minutes April 12, 2012 Chair Suarez: There's a motion by Commissioner Carollo. Is there a second? Vice Chair Sarnoff Second for discussion. Commissioner Gort: Second. Chair Suarez: Second by Commissioner Gort. Vice Chair, you're recognized. Vice Chair Sarnoff: Just what is the retirement -- what is a 401 a plan? What is our normal executive 401a retirement plan? Commissioner Carollo: I could answer that, but I'd rather have our Risk Management director come up. Calvin Ellis: Calvin Ellis, director of Risk Management. Vice Chair Sarnoff So I'm an executive at City of Miami. I'm making $145, 000 a year. What is my 401 a plan? Mr. Ellis: Well, it's structured currently that the employee contributes -- it's a defined contribution -- 10 percent and the City matches 8 percent of that. Vice Chair Sarnoff So 8 percent of 145 from the -- so he's got to put the 10 percent in -- Chair Suarez: It's the legal maximum, right? Vice Chair Sarnoff: -- for us to match the 8? Mr. Ellis: Correct. Chair Suarez: Yeah. Vice Chair Sarnoff So he would be obligated to put 14,500 in and then we would match about 10,000 or something dollar from that, right? Mr. Ellis: Correct, up to a maximum, depending of the salary structure of 50,000 for the 2012. Vice Chair Sarnoff What -- whoa, whoa, whoa. What does that mean? Up to a max -- Mr. Ellis: I mean, that's the maximum allowable by our code as far as a 401 a program. Commissioner Carollo: And this was offered to all executives, correct? Mr. Ellis: I'm sorry? Commissioner Carollo: And this is what's offered to all executives, correct? Mr. Ellis: All executives employed after October 2009. Prior to 2009 there was an option that they could participate in the pension, the GESE (General Employees and Sanitation Employees) pension. Vice Chair Sarnoff: I'm not being critical. I just -- I want to make sure I understand it. The maximum that the City pays is approximately $10,000 and the maximum he could put in is 14,500? City of Miami Page 3 Printed on 12/26/2014 City Commission Meeting Minutes April 12, 2012 Mr. Ellis: Correct. Vice Chair Sarnoff. Okay. Commissioner Gort: Twenty-four thousand. Chair Suarez: Thank you. It's been moved and second. Any further discussion? Priscilla A. Thompson (City Clerk): Before you take a vote, please, Chair. Chair Suarez: Yes. Ms. Thompson: Just wanting to check with the City Attorney to make sure that because this particular resolution was presented without the commencement date that I'll be showing this as a modified resolution once you take the vote. Thank you. Chair Suarez: Thank you, Madam Clerk. And I just want to say before we vote -- I want to make a couple comments. First of all, I want to commend Commissioner Carollo first for getting it done as quickly as he did, and secondly, for the negotiation. I used to think I was the best salary negotiator in the City, but I don't know. I think you're giving me competition. And you know, one thing that I think we need to think about in the future once we have a new Clerk, once we have a new City Attorney, once we have a new -- or independent auditor is we need to think about maybe not using this term sheet, okay. Either we have it at will as the County -- you know, as Murray Greenberg did for a long time at the County, or we have an actual employment contract 'cause this is ripe for litigation. We got litigated on this on the Jorge Fernandez case and we've continued to use it. I'm not saying, you know -- not saying -- I mean, it's very simple and it's very nice and easy to understand, but it's kind of like an invitation to litigation, so just in the future as we, you know, change these things, it may be something to look at. Commissioner Carollo: Mr. Chairman. Chair Suarez: Yes, Commissioner. Commissioner Carollo: You know, I leave that to the attorneys. I will tell you, sometimes it makes it difficult because -- I mean, if you see in the term sheets, the former auditor also had earned personal leave, you know. So when you see you have an additional two days of earned personal leave, you know, you struggle with that because these are things that you have to negotiate and say no, no, we're not offering that anymore and -- you know, and I think -- as you said, if we just have a contract, I think -- again, I leave it to the attorneys, but I think it'll be -- make it much easier with the negotiations. Chair Suarez: Absolutely, absolutely. And let me tell you, I commend you on a number of these items and it's certainly in line with my philosophy. And I love the fact that he's moving into the City of Miami. I think that's fantastic. Commissioner Carollo: Yes. Chair Suarez: So -- Vice Chair Sarnoff Whose district? Commissioner Carollo: It actually may be your district, but that's still undecided. Chair Suarez: It's been moved and seconded. All in favor, signify by saying lye. City of Miami Page 4 Printed on 12/26/2014 City Commission Meeting Minutes April 12, 2012 The Commission (Collectively): Aye. Ms. Thompson: As modified. Chair Suarez: As modified. Commissioner Carollo: As modified. Thank you. City of Miami Page 5 Printed on 12/26/2014