Res. No. 099-04-11878RESOLUTION NO.99-04-1 1 878
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA AUTHORIZING THE CITY MANAGER TO
ENTER INTO A CONTRACT WITH rqnat.d j.noHKN FOR
LEGAL SERVICES TO PROVIDE AN OPINION IN THE MATTER OF
FORMER CITY MANAGER CHARLES SCURR'S PENSION;PROVIDING
FOR EFFECTIVE DATE
WHEREAS,the Mayor andCity Commission requested thattheCity Manager contract withan
impartial attorney to provide advice inthe matter of formerCity Manager Charles Scurr's pension buyback;
and
WHEREAS,several recommendations have been received and background information has been
obtained from those attorneys interested in working with the City onthis single matter;and
WHEREAS,the background and qualifications of thosewho responded havebeen reviewed bythe
Mayor and Commission in order to ascertain thebest qualified attorney to address the City's bestinterests.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
SECTION1.That theCity Manager is authorized to contract with Ronald J.Cohen
toperformanin-depth analysis of therelevantdocuments,lawsandrecords pertaining tothelegalityand/or
the enforceability ofthe contract and/or anyagreementsmadebetweenMr.ScurrandtheCityofSouthMiami
inregardtohis pension and/or the crediting of histimeinformer government service.
SECTION 2.That this Resolution shalltakeeffect immediately upon approval.
PACSED AND ADOPTED THIS 6th DAY OF June ,2004.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
APPROVED:
c?&^
Commission Vote:5-0
Mayor Russell:Yea
Vice Mayor Palmer:Yea
Commissioner Wiscombe:yea
Commissioner Birts-Cooper:Yea
Commissioner Sherar:yea
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
South Miami
All-America City
www
2001
To:Honorable Mayor,Vice Mayor
and City Commission
Date:June 8,2004
From:Maria V.Davis
City Manager
REQUEST
15"Subject:Agenda Item #/(0
Commission Meeting
06/08/04
Re:Attorney for Scurr Matter
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA AUTHORIZING THE CITY
MANAGER TO ENTER INTO A CONTRACT WITH
FOR LEGAL SERVICES TO
PROVIDE AN OPINION IN THE MATTER OF FORMER CITY
MANAGER CHARLES SCURR'S PENSION;PROVIDING FOR
EFFECTIVE DATE
BACKGROUND AND ANALYSIS
TheCityCommissionattheirregularJune1,2004meetinginstructedtheCityManagerto
prepare a resolution authorizing the entrance into a contract for further legal advice onthe
provisions ofthe contract with former city manager Charles Scurr concerning his pension and the
crediting forpast government service.We have received three separate opinions to date,all
recommending settlement or payment ofthe pension provisions,andthe Commission has
expressed a desire to obtain another opinion from a pension specialist withnotiesto either the
City or Mr.Scurr.
RECOMMENDA TION
Your denial of the resolution is recommended.
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:Mayor,Vice Mayor and Commission /^\s^l *
FROM:Maria V.Davis,City Manager I4jcf J&AJfc?
SUBJECT:Attorneys Recommendations for Scurr Matter
DATE:June 1.2004
South Miami
AD-AmericaCBy
2001
Upon the Commission's request,we have solicited a number of recommendations for
Attorneys specializing in pension matters with an eye toward reviewing the
documentation in the Charles Scurr matter.We received a total ofsevennames from
our Benefits USA (our pension administrators),the Florida League of Cities and a couple
of financial firms.Outofthose seven,only threewere both well qualified and
interested enough in working with the City to send us background information.That
information is attached.
5/26/2004 3:01 PM FROM:Fax Jonathan H.Green _As.oci.tu,P.A.TO:305 663-6345 PAGE:001 OF 002
LAW OFFICES
JONATHAN H.GREEN &ASSOCIATES,P.A.
799 BRICKELL PLAZA
SUITE 700
MIAMI.FLORIDA 33131
TELEPHONE:(305)372-5100 -TELEFAX:(305)372-9600
JONATHAN H.GREEN
JHG@JHGLAW.COM
JAIME D.STEIN
JDS@JHGLAW.COM
To:
Re:
Pages:
Fax#:
From:
TELECOPIER TRANSMITTAL COVER SHEET
Mr.Charles Blazek
Bio
305 663-6345
Jonathan H.Green
Date/Time:5/26/2004 3:01:54PM
ADDITIONAL COMMENTS
Charles attached please find my Bio.Ifyou require any additional information or have any
questions please do not hesitate to call.Thank you for your consideration.
CONFIDENTIALITYNOTE
The information contained in this facsimile message is legally priviledged and confidential
information .intended only for the use ofthe individual or entity named above.Ifthe reader ofthis message is not
theintended recipient,you are hereby notified that any dissemination,distribution,or copy ofthis
facsimile
5/26/2004 3:01 PM FROM:Fax Jonathan H.Green .Associates,P.A.TO:305 663-6345 PAGE:002 OF 002
JONATHAN H.GREEN,has been a practicing attorney in South
Floridafor15 years,rated na v"byhispeersaspublishedinthe
Martindale-Hubbell Law Directory.Mr.Greenisapastpresident
and member ofthe South Florida Employee Benefits Council,a member
of the Greater Miami Tax Institute and the Estate Planning Council
of Miami.Mr.Green was General Counsel to Wolper Ross Ingham &
Co.,an employee benefits firmwithover 5,000 clients.In
addition,Mr.Greenwas associated withthe Florida lawfirmof
Fine Jacobson SchwartzNashBlockand England,P.A.MrGreenisa
former adjunct professor with the University of Miami School ofLaw
teaching Taxation of Deferred Compensation in the Masters Program
ofTaxation.Mr.Greenreceivedhis LL.M.inTaxationfromthe
University of Miami School of Law in 1982.Mr.Green has also
lecturedand written extensivelyintheareaofemployeebenefit
plansandestate planning.
LAW OFFICE9 JONATHAN H.GREEN,P.A.
FAX TRANSMISSION
Ronald 3.Cohen,P.A.
Andrew Jackson Building
8100 OakLane-Suite 403
Miami Lakes,Florida 33016
DADE:(305)823-1212 BROWARD:(954)922-1446
FACSIMILE:(305)823-7778
To:Mr.Blazek
PIO/Assistant to the City Manager
FaxNo.305.663.6345
Date:May 27,2004
From:Ronald J.Cohen
RONALD J.COHEN,P.A.
Pages:-5 (including cover sheet)
Hard copy to follow \^f Hard copy will not follow
QQMfylENTS!Please see attached
IF YOU DO NOT RECEIVE ALL THE PAGES OR IF THERE ARE ANY PROBLEMS
WITH THIS TRANSMISSION,PLEASE CALL (305)823-1212 IN DADE AND
(954)922-1446 IN BROWARD,IMMEDIATELY.
The information contained in this transmission is attorney-client privileged and «^entlal.It is intended ONLY for the use of the individual or entity named above If the ^f^of ™message is not the intended recipient,you are hereby notified that any dissemination
distribution,or copy of this communication is strictly prohibited.If you have received this
rammwiaflon in error,please notify us immediately by telephone by collect call and returntheoriginalmessagetousattheaboveaddressviatheU.S.Postal Service.We will
reimburse youfor postage.Thank you.
Documents
Ronald J.Cohen,P.A.
ATTORNEYS AT LAW
May27,2004
ANDREW JACKSON BUILDING
BIOO OAK LANE.SUITE 403
MIAMI LAKES,FL0RI0A330I6
DADE:(305>823-1218
BROWARD:(&SA)9ZE-|AAS
FACSIMILE:(305)823-7770
VIA FACSIMH E:(3051 663-6318
Charles Blazek
PIO/Assistant
to the City Manager
CityofSouth Miami
6130 Sunset Drive
South Miami,FL 33143
Re:PublicPensionAttorney for Single Project
Dear Mr.Blazek:
Thank you for asking me to submit my biographical information in connection
with the selection of a public pension attorney to perform services for the City of South
Miami onasingle project.It isenclosed.
You may be interested in knowing that I recently completed a complex single
project for the Tampa Police and Fire Pension Board concerning an issue involving a
matter in which over $209 millionisat issue.
Very truly yours,
Ronald Cohen
RJC:sag
Attachment
P:\Documants\RON\Proposals\south miaml 2004\Blazek Itr.doc
Firm Qualifications
Ronald J.Cohen,PA,is a professional association.It is engaged exclusively in
the practice of law,specializing in public pension law,labor and employment law,
fiduciary duties,employee rights and benefits,and governmental law and litigation.The
law firm includes a highly experienced attorney,a paralegal,a law clerk and two
additional support personnel.
Mr.Cohen started the firm in 1997,after practicing public pension law in different
firms prior to that.The firm's success is a direct result of its overall commitment to
providing high quality legal services to its clients and its extensive litigation and trial
experience.The firm has a significant client base.Public pension law constitutes a
major portion of the firm's work and is a major focus of Mr.Cohen's practice.
Contact Information
Ronald J.Cohen
Ronald J.Cohen,P.A.
Andrew Jackson Building
8100 Oak Lane,Suite 403
Miami Lakes,Florida 33016
Telephone:(305)823-1212
Facsimile:(305)823-7778
Email:rcohen@roncohenlaw.com
Florida Bar Number:235504
Due to its continuing involvement in public-pension and employee benefit
matters,the firm has a far reaching research base on subjects that arise in the area and
which can be accessed ona regular basis.
Firm Member Performing Services
Ronald J.Cohen has been engaged in the practice of law for approximately
twenty-seven years,being admitted to the bar in 1977.Mr.Cohen has attained
the AV rating in the Martindale-Hubbell Law Directory,signifying that he is considered
Ronald J.Cohen P.A.
Firm Qualifications
Page 2
by his peers to be preeminent in his field and of the highest ethical standards.He is
also a member of Who's Who in American Law and Who's Who In The World.Mr.
Cohen has been certified by the Florida Bar Board of Legal Specialization and
Education as a specialist in Labor and Employment Law.This signifies that he is
considered an expert in the field,and has passed an extensive peer review,including
reviewby arbitrators andjudges.
Mr.Cohen received his Bachelor of Arts degree.Cum Laude,in 1973 from
University of Florida,and his Juris Doctor in 1976 from the University of Miami.He is
admitted to the Florida Bar,the Montana Bar,the Bars of the United States District
Court for the Southern District of Florida,the United States District Court for the Middle
District of Florida,the United States Court of Appeals for the Eleventh Circuit,and the
United States Court of Appeals for the Fifth Circuit.Additionally,Mr.Cohen is a
member of the American Bar Association,including sections on Labor and Employment
Law and Litigation,and the Florida Bar's Sections on Labor and Employment Law and
Local Government Law.
Ronald Cohen has been practicing law in the areas of public pension,labor law
and local governmental law since 1979.He is a former Assistant City Attorney for the
City of Miami,where he served as counsel to the City's Retirement Systems.While
employed as an Assistant City Attorney,Mr.Cohen gained experience in municipal law,
including public records and open meetings laws.In 1983,Mr.Cohen started private
practice with the prestigious commercial law firm of Paul,Landy,Beiley and Harper,
P.A.Mr.Cohen worked in the litigation section,litigating all typesof business disputes,
including disputes involving contract formation and interpretation,securities law
Ronald J.Cohen P.A.
Firm Qualifications
Page 3
violations,and fiduciary rights and responsibilities.The governmental and business law
experience has provided Mr.Cohen with an excellent foundation for the merger of
business and government,which is the hallmark ofa public pension system.
Since 1987.Mr.Cohen has devoted his practice to employee benefits,employee
rights,and fiduciary responsibility.
Ronald Cohen serves as general counsel to numerous public pension funds.Mr.
Cohen is also the General Counsel of the Florida Public Pension Trustees Association
(«prpPTA»)i a not-for-profit association dedicated to the education of Florida public
pension trustees.Mr.Cohen is certified by the FPPTA as a Certified Public Pension
Trustee.
Mr.Cohen regularly lectures on subjects such as Deferred Retirement Option
Plans ("DROP"),Chapters 185 and Chapters 112,Part VII,Florida Statutes,disability
law,and fiduciary responsibility and has lectured for several national organizations,
such asthe Institute for International Research.Information Management Network and
the International Research Group.
P:\Documents\RON\Proposals\south miami 20CW\Firm Qualifieations.doc
155/28/2004 IS:56 9413774848 CHRISTIANSEN DEHNER PAGE 01
Scott R.Christiansen
H.LEE DEHNER
LawOctices
Christiansen &Dehner,P.A.
63 Sarasota Center Boulevard
Suite 107
Sarasota,Florida34240 PHONE:(94l)377-2200
Fax:(941)377-4848
TELECOPY (FAX)COVER LETTER
DATE;^/zr/o<f
PLEASE DELIVER IMMEDIATELY TO:CttA****j5*A2^
FaxNumber:J^-<*?-*?*<
FROM:
Scott R.Christiansen
Christiansen &Dehner,P.A.
63Sarasota Center Boulevard,Suite107
Sarasota,FL 34240
cc:
RE:/v/ft***~g'^
**************************************************************
Dear QtlAtf^/c^.
Signed,yfwf
IF THERE ARE ANY PROBLEMS RECEIVING,PLEASE CALL BACK AS SOON AS
POSSIBLE.OUR PRIMARY TELEPHONE NUMBER IS (941)377-2200 AND OUR
TELECOPY (FAX)NUMBER IS (941)377-4848.
THF INFORMATION PONTAINED IN THIS FACSIMILE MESSAGE IS INTENDED ONLY PT>F[™raggN^NPCONFIDENTIALUSEOFTHEDESIGNATEDRECIPIENTSNAMEDABOVE.THIS MESSAGE ^AY BE ANAnORNEYlcLIENTCOMMUNICATION;AND AS SUCH,IS PRMLEQED AND CONFIDE^AL IF THEi READGR
OFTOISMESSAGEISNOT^fNTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT YOU ^^^^^SSSS^^^!AND THAT ANY REVIEW,DISSEMINATION,DISTRIBUTION OR ^S^^^JS^StS^^yPROHIBITEDIFYOUHAVERECEIVEDTHISCOMMUNICATIONINERROR,PLEASE NOTIFY US IMMEDIATELY
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TOTAL NUMBER OFPAGES (including this page):
?<5/28/2004 16:56 9413774848 CHRISTIANSEN DEHNER PAGE 02
CHRISTIANSEN &DEHNER,P.A.
The firm has represented local government pension funds in the State ofFlorida since 1979
and primarily limits its practice to such representation.Over 150 funds are represented in 95 cites
and districts.Advice and representation is provided in all areas of law applicable to public
retirement funds including,but not limited to,fiduciary responsibilities,liabilities,admimstrative
hearings and procedures,tax issues,disabilities,forfeitures,benefits,plan design,Sungrequirements,drafting ofall plan documents (including ordinances and all document required for
legal and prudent plan adininistration and compliance wim all applicable state and federal laws)
Our firm strives to avoid problems which might lead to litigation and we have been very successfulindoingso.We do prefer to seek amicable solutions to such conflicts,but we recognize that
sometimes litigation cannot be avoided.Our firm does not,however,handle litigation.
SCOTT R.CHRISTIANSEN
Scott R.Christiansen was born in Brooklyn,New York on November 9,1948.Mr.Christiansen graduated from the University of South Florida with aBachelor of Arts De^ee ml 970a^dfrorTtbe University ofFlorida College ofLaw witii aJuris Doctorate Degree m 1973 He wasadmittedtotheFloridaBarin1973,the U.S.Court of Military Appeals m 1974,the U.S.Distort
Court for the Middle District of Florida in 1978 and the U.S.Supreme Court m 1989.Mr
Christiansen served in the Judge Advocate Generals'Corps of the United States Army from 1973
until 1978.
Mr ChristiansenservedasTownAttomeyfortte^1981through1990HeservedasamemberoftheFloridaBarGrievanceCornmitteefortfieTwelfthiHdCircuitfrom1988to1991.He is currently a member of the Sarasota County BarAsStion'Se Florida Bar Association and its Local Government Law,Adimmstrative Law andLaborandEmploymentLawSectionsandtheAmericanBarAssociationMr.ChnstiansenisalsoaSroftheNationalAssociationofPublicPensionAttorneysandtheFlondaPublicPension
Trustees'Association.
Currently,Mr.Christiansen's practice is heavily weighted in the area ofmunicipal employeeoensionbenefitplans.He has represented public pension plans for over 13 years.He has draftedSrousEmployeebenefitplandocumentsforpolice,fire and general employee pension trust
funds.
H.LEE DEHNER
H.Lee Dehner was bom in Darby,Pennsylvania on September 9,1952.Mr.DehnergraduatedfromOhioUniversitywithaB.B.A.degree,suinmacumlaude,m1974 ^fromStetson
Un^ersitv College ofLaw with aJuris Doctor Degree,cum laude,m 1977.He was admitted to the^S^^^V^.District Courts &the Middle and Southern Districts in Flonda in
1978.
Mr Dehner has beenaregular speaker at pension conferences and trustee schools sponsoredbytheFloridaPublicPensionTrustee/Association,the State of Flonda jDepartment:of WanceandFloridaStateUniversityforover20years.He has been active m legislative matters concerning
Florida municipal pension plans through committee membership,drafting of proposed statutory^S^S^^S^^Sm committees ofthe State House of Representatives and Senate.
In addition,he has written articles appearing in various publications on pension related issues.
Mr.Dehner is amember ofthe National Association ofPublic ?«^Attorney and an
elected member ofWho's Who in Practicing Attorneys.He is also amember ofthe Flonda Public
Snoridate Association and its Labor and Employment Law.Local Government Law,RealPropertyandTrustLaw,Tax Law and Administrative Law sections.Mr.Dehner has represented
public pension plans for over 24 years.