Res. No. 165-09-12974
RESOLUTION NO. 165-09-12974
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, TERMINATING W. AJIBOLA BALOGUN AS CITY MANAGER; AUTHORIZING THE PAYMENT
OF SEVERANCE PAY IN THE AMOUNT SPECIFIED BY THE CITY CHARTER; AUTHORIZING THE CITY ATTORNEY TO COMMENCE LEGAL ACTION TO SEEK DECLARATORY RELIEF FROM THE CIRCUIT COURT TO DETERMINE THE
VALIDITY OF THE SEVERANCE PAY PROVISION OF THE CITY MANAGER’S EMPLOYMENT AGREEMENT WITH THE CITY, AS AMENDED BY THE ADDENDUM TO THE EMPLOYMENT AGREEMENT; AUTHORIZING THE FUNDS TO BE
DISBURSED FROM ACCOUNTS NUMBERS: 001-1310-513-1210 AND 001-1310-513-2110; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission is terminating City Manager W. Ajibola Balogun
and thirty days severance pay is due to him under Article III, Section 3 of the City Charter; and
WHEREAS, there is some doubt as to the enforceability and validity of the City Manager’s
Employment Agreement with the City and the Addendum thereto as they relate to severance pay.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA; THAT
Section 1. City Manager W. Ajibola Balogun is hereby terminated and he shall immediately be paid thirty days salary due to him under Article III, Section 3, of the City
Charter. Payment shall be as follows: thirty-day severance in the amount of $14,162.37 to be paid from Account No. 001-1310-513-1210; and, the portion of Fica and Medicare in the amount
of $205.35 to be paid from Account No. 001-1310-513-2110, with accounts balance of $345,011.19 and $22,846.84 respectively.
Section 2. A separation check representing W. Ajibola
Balogun’s accrued vacation, sick leave, floating holiday and birthday pay, including Medicare, shall be paid immediately in the amount of $133,958.96 from the City’s cash reserves.
Section
3. The City Attorney is hereby authorized to file an action for declaratory judgment seeking a determination from the Miami-Dade Circuit Court as to whether the former City Manager’s
Employment Agreement and Addendum thereto are enforceable and valid as the amount of severance pay specified in Article III, Section 3 of the City Charter, protects the taxpayers’ interests
by placing a limitation on severance pay for the City Manager.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 8th day of October,
2009.
ATTEST: APPROVED:
____________________________ _________________________
CITY CLERK MAYOR
COMMISSION VOTE: 3-2
READ AND APPROVED AS TO FORM: Mayor
Feliu: Nay
Vice Mayor Beasley: Yea
Commissioner Palmer: Nay
_________________________________
Commissioner Newman: Yea
CITY ATTORNEY Commissioner Sellars: Yea