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HomeMy WebLinkAboutR-13-0503City of Miami Legislation Resolution: R-13-0503 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-00978 Final Action Date: 12/12/2013 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING THE COMPENSATION AND EMOLUMENTS FOR CITY ATTORNEY VICTORIA MENDEZ. WHEREAS, pursuant to Resolution No. 13-0361, adopted September 12, 2013 effective September 27, 2013, the Miami City Commission elected Victoria Mendez as City Attorney for the City of Miami, Florida; and WHEREAS, the Miami City Commission and the City Attorney desire to memorialize the professional relationship between the Miami City Commission and the City Attorney by defining and clarifying the role and responsibilities of the City Attorney; and WHEREAS, the City Attorney is a member of the Florida Bar, subject to the Rules Regulating the Florida Bar; and WHEREAS, the Charter of the City of Miami provides, in pertinent part, that the City Attorney "shall be the legal advisor of and attorney and counsel for the City;" and WHEREAS, the City Attorney is sworn to exercise independent professional judgment and render candid advice, and perform all services incidental to the profession on behalf of, and in the best interest of the City of Miami; and WHEREAS, the City Attorney is an Official of the City of Miami appointed by the Miami City Commission, and is deemed a full-time governmental employee for the sole purpose of establishing an exclusive attorney -client relationship with the City of Miami; and WHEREAS, pursuant to the Charter of the City of Miami, Florida, as amended, the City Attorney shall have a term of office until the next regular City General Election; and WHEREAS, the City Commission reserves its right to terminate its relationship with the City Attorney by an official act of the Commission, without cause shown, prior to the expiration of the term, in which event the City Attorney shall receive a fixed sum for compensation and forbearance, in amount equivalent to six months pay; and WHEREAS, the City Attorney shall receive a fixed sum in an amount equivalent to six months pay for services rendered if she is not re-elected to the position of City Attorney at the expiration of her Term of Office; and WHEREAS, the City Attorney shall not receive any severance if she is terminated for neglect of duty, misfeasance, or malfeasance, or if she voluntarily resigns; and WHEREAS, the City Attorney and the City Commission have agreed to a schedule of City of Miami Page 1 of 2 File Id: 13-00978 (Version: 1) Printed On: 9/25/2017 File Number: 13-00978 Enactment Number: R-13-0503 compensation, benefits and emoluments, which schedule is attached hereto, and made a part hereof; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. The compensation and emoluments for City Attorney Victoria Mendez, as listed on "Attachment No. 1," attached and incorporated, are approved. Section 3. This Resolution shall become effective as of September 28, 2013 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 2 of 2 File Id: 13-00978 (Version: 1) Printed On: 9/25/2017