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2To: From: DATE: SUBJECT: BACKGROUND: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The Honorable Mayor & Members of the City Commission South Miami kY1:\d iiiip 2001 Hector Mirabile, PhD, City Manager Agenda Item NO.:~ July 24, 2012 A Resolution relating to budget; authorizing a transfer of $50,000 from account No. 001.1310.513.9920, City Manager General Contingency to account No. 001.1500.514.3410, City Attorney Other Contractual Service. It is requested that the budget for City Attorney Other Contractual Service be increased by $50,000 from account No. 001.1310.513.9920. It is essential to provide sufficient funds for the City Attorney Other Contractual Service account for the entitlements in the W. Ajibola Balogun claim. On October 2009 the City issued Mr. Balogun checks totaling $149,624 but where later returned to the City on October 15, 2009 because Mr. Balogun believed that he would be waiving his claim to his severance benefits. There is no dispute that this money is owed to Mr. Balogun and, therefore, in an effort to show the City's good faith, the City is attempting to resolve this portion of Mr. Balogun's claim. The amount as set forth is the amount the City had agreed to pay Mr. Balogun and is correct as to the entitlements and would resolve the issue as to entitlements. The amount also includes the one month's salary the city was willing to provide Mr. Balogun at that time. Below please find a breakdown of the checks which were sent to Mr. Balogun and later returned. 16 regular hours Accrued hours I month severance I month insurance reimbursement $1,542.61 $132,036.90 $14,162.37 $1,632.51 TRANSFER AMOUNT: Chamber south event reimbursement $50,000 $250.00 $149,624.39 TRANSFER FROM: Account No. 001.1310.513.9920, City Manager General Contingency, with a current balance of $73,830. TRANSFER TO: Account No. 001.1500.514.3410, City Attorney Other Contractual Services, with a current balance of $111,938.96. 1 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 RESOLUTION NO. _____ _ A Resolution relating to budget; authorizing a transfer of $50,000 from account No. 001.1310.513.9920, City Manager General Contingency to account No. 001.1500.514.3410, City Attorney Other Contractual Service. WHEREAS, it is requested that the budget for City Attorney Other Contractual Service be increased by $50,000 from account No. 001.1310.513.9920; and, WHEREAS, it is essential to provide sufficient funds for the City Attorney Other Contractual Service account for the entitlements in the W. Ajibola Balogun claim; and, WHEREAS, the Mayor and City Commission desire to transfer sufficient funds from account No. 001.1310.513.9920, City Manager General Contingency, with a current balance of $73,830, settlements to account No. 001.1510.514.3410, City Attorney Other Contractual Services, with a current balance of $111,938.96. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT; Section I. The City shall transfer $50,000 from account No. 001.1310.513.9920, City Manager General Contingency, with a current balance of $73,830, settlements to account No. 001.1510.514.3410, City Attorney Other Contractual Service, with a current balance of $111,938.96. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this _ day of ____ , 2012. ATTEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF: CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: Page 1 of 1 Additions shown by underlining and deletions shown by overstriking.