HomeMy WebLinkAboutSubmittal-Vice Chair Hardemon-Memo Civilian Investigative Panel Independent Counsel Cost Cutting MeasureTo:
From:
Date:
Re:
Background:
MEMORANDUM
Wifredo "Willy" Gort
Chairman
City of Miami Commission
Horacio Stuart Aguirre
As Chairman
City of Miami Civilian Investigative Panel
March 23, 2015
Civilian Investigative Panel (C.I.P.)
Independent Counsel / Cost Cutting Measure
City Ordinance requires the C.I.P. to have an attorney to serve as Independent Counsel.
Presently that person is Mr. Charles C. Mays, who has a three year contract effective
January, 2014. There are 22 months remaining on the contract
His annual compensation is as follows:
Hard Costs:
Salary: $133,000.
Mal Practice Insur. $ 7,000.
Total Hard Costs: $140,000.
Soft Costs: Office facility: $ 6,600. ($550 x 12)
Total Costs: $146,600.
Several attorneys in the community have opined that the C.I.P. may be over -buying legal
representation by having eight hour a day, five days a week counsel in the office. It has
been opined that adequate legal representation is only needed at meetings or when
important items come before the panel in the course of the normal workday and these
items can be referred to counsel via email or telephone conference.
Estimates are that adequate counsel, on an as needed basis, can be had for just $50,000 to
$55,000 per year. Pursuing this strategy would result in a considerable cost -cut top the
C.I.P. and would free an office presently used by the Independent Counsel.
Mr. Mays indicated in clear and certain terms on March 16, 2015, that in the interest of
fiscal management, he would agree to a termination of his professional services contract,
effective April 7, 2015, if he is paid a sum of $142,582 plus a per diem of $550 for every
day from March 16th to April 7` .
Submitted into the public
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The first payment would be in the sum of $62,582 payable within two weeks of his
departure on April 7t. This sum presently exists in the current year C.I.P. budget. I am
advised that the C.I.P. can effect this payment without further consent from the City
Commission.
The second payment of the remaining sum, $80,000., would be paid on October 15, 2015
from the 2015-2016 C.I.P. budget. I am told that a contractual commitment for a payment
from a future C.I.P. budget can only be made with the consent of the City Commission.
(Mr. Daniel Alfonso)
The contract cancelation agreement would have to be approved by the City Attorney.
If action on this cost-cutting request is further delayed then the cost cutting benefits will
disappear and the opportunity to implement this measure will no longer be available.
The C.I.P. has voted favorable to support and implement this measure and we seek your
support as well.
C.C.
Vice Chairman Keon Hardemon
Comm. Frank Carollo
Comm. Marc D. Samoff
Comm. Francis Suarez
Mayor Tomas P. Regalado
Mr. Daniel Alfonso, City Manager
Ms. Cristina Beamud, (Esq.) Exec. Dir., C.I.P.
Submitted into the public
record for item(s)�_
on 03. 3� COL• City Clerk