141
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
RESOLUTION NO:
A resolution of the Mayor and City Commission of the City of South
Miami, Florida, removing Kenneth Harms as an investigator for the
city attorney to conduct investigations of City employees or the City in
general; and providing an effective date.
WHEREAS, Kenneth Harms ( "Harms ") has been de facto serving the City as an
investigator without pay as of January 1, 2010; and
WHEREAS, Kenneth Harms was retroactively retained by Resolution No. 72 -10-
13106 to investigate and assist the City Attorney in defending the lawsuit brought by the
former city manager and to prepare for the defense of other claims made against the City,
as well as investigations required by the City; and
WHEREAS, the City Commission now wishes to remove Kenneth Harms as an
investigator for the City Attorney to conduct investigations of City employees or the City
in general.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Kenneth Harms is hereby removed from his services as an
investigator on behalf of the City Attorney, to investigate claims and other matter under
the direction of the City Attorney.
Section 2. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this of 2010.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
Page 1 of 1
Fff �
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
RESOLUTION NO: 72-10-13106
A resolution of the Mayor and City Commission of the City of South
Miami, Florida, employing Kenneth Harms to serve as an investigator
for the city attorney retroactively as of January 1, 2010 and
indemnifying him for any and all claims arising out of his
investigations performed on behalf of the City; and providing an
effective date.
WHEREAS, the former city manager has filed a lawsuit against the City, and
WHEREAS, there are other pending matters which the City needs to investigate
to defend itself against anticipated litigation, and
WHEREAS, provisions of the Charter and the Code require the City Attorney to
investigate matters, but the City Attorney has never had on his payroll the service of a
trained investigator or risk manager; and
WHEREAS, Kenneth Harms ( "Harms ") has been de facto serving the City as an
investigator without pay as of January 1, 2010; and
WHEREAS, Harms is an experienced investigator having served as the former
Chief of Police for the City of Miami, and
WHEREAS, the City desires to retroactively retain Harms to investigate and
assist the City Attorney in defending the lawsuit brought by the former city manager and
to prepare for the defense of other claims made against the City, as well as investigations
required by the City; and
WHEREAS, the City Attorney does not have a Risk Manager under whose
auspices these types of investigations might normally occur, and
WHEREAS, Harms is willing to serve as an employee of the City Attorney and
serve as an investigator to conduct full and comprehensive investigations to aid the City
Attorney in defending the lawsuit brought by the former city manager and other claims,
provided that the City indemnifies him from any liability that could occur as a result of
his investigations; and
WHEREAS, the employees of the City do have in place a liability policy through
the Municipal Insurance Trust provided by the League of Cities.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Harms is hereby employed as an investigator on behalf of the City
Attorney, at a retroactively salary of $200 per week, commencing January 1, 2010 to
Page I of 2
Res. No. 72 -10 -13106
investigate claims and other matter under the direction of the City Attorney. All reports,
statements taken, work product and documents prepared by Harms shall be considered
attorney work product and/or risk management program work product exempt from
public disclosure under the provisions of Sec. 119.071(l)(d), Fla. Stat., and Seca
768.28(16)(b), Fla. Stat., witil the termination of all litigation and settlement of any
claims arising out of the incidents or claims Hanes' investigates.
Section 2. Harms shall be considered a City employee in all respects, except
that it is recognized that the present salary is minimal in nature. Therefore, nothing in this
resolution prohibits Harms from submitting a bill for additional services rendered in the
performance of his duties.
Section 3. The City agrees to protect, defend, indemnify, and hold Harms
harmless from and against any and all losses, damages, settlements, claims, costs,
expenses, or liabilities of every and' any kind including attorney fees, in connection with
or arising directly or indirectly out of the work Harms performs for the City.
Section 4. By agreeing to indemnity Harms, the City does not waive the
limitations of liability conferred upon it by Section 768.28, Fla. Stat., or otherwise waive
its sovereign immunity.
Section 5. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this6 tlr.'dav: ,of Apri$010.
ATTEST:
CLERK
READ AND APPROVED AS TO FORM:
CITY
W:\My Documents\=01Uti0ns\Res01uti0n ffr s.doc
Page 2 of 2
APPROVED:
r
COMMISSION VOTE:
4 -1
Mayor Stoddard:
Xea
Vice Mayor Newman:
Yea
Commissioner Palmer:
Nay
Commissioner Beasley:
Yea
Commissioner Harris:
Yea