Res. No. 113-04-11892RESOLUTION NO.1 1 3-04-1 1 892
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA PROVIDING AN ESTIMATED COST NOT TO EXCEED
S7,000 TO COME FROM GENERAL CONTINGENCY ACCOUNT #00121005199920
FOR A LEGAL OPINION RELATING TO FORMER CITY MANAGER CHARLES
SCURR'S PENSION MATTER;PROVIDING AN EFFECTIVE DATE.
WHEREAS,theMayorandCity Commission requested thattheCityManagercontractwithan
impartial attorney to provide advice in the matter of former City Manager Charles Scurfs pension buyback:
and
WHEREAS,the background and qualifications of those who responded were reviewed bythe Mayor
andCommissionandRonaldJ.Cohenwasdeterminedtobethemostqualifiedtoofferanopiniononthis
particularmatter;and
WHEREAS,an estimate of costsforthereview of salientfactsand documents and preparation of a
legal memorandum answering the legal questions proffered by the Mayor and Commission was requested;and
WHEREAS,thatestimatewasreceivedfromRonaldJ.Coheninanamount"intheneighborhood of
$7000.00v.
NOW,THEREFORE,BEIT RESOLVED BYTHE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
SECTION1.ThattheCity Manager is authorized to contract with Ronald J.Cohen.P.A.to perform
an in-depth analysis of the relevant documents,laws and records pertaining to the legality and/or the
enforceability of the contract and/or any agreements made between Mr.Scurr and the City of South Miami in
regard to his pension and/or the crediting of his time in former government service,and to prepare a legal
memorandum laying out the details and facts of that analysis,for a cost not to exceed $7,000 to come from
General Contingency Account #00121005199920.with a current balance of $26,572.74.
SECTION 2.ThatthisResolutionshalltakeeffectimmediatelyupon approval.
PASSED AND ADOPTED THIS 20th DAYOF July 2004.
ATTEST;
riTv n PRk'uCITYCLERK
READ AND APPROVED AS TO FORM:
APPROVED:
Commission Vote:5-0
MayorRussell:yea
Vice Mayor Palmer:Yea
Commissioner Wiscombe:Yea
Commissioner Birts-Cooper:Yea
Commissioner Sherar:Yea
South Miami
AO-AmoteaCffy
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM 2001
To:Honorable Mayor,ViceMayor
andCityCommission
From:Maria V.Davis
City Manager
Date:July 20,2004
Subject:Agenda Item #//
Commission Meeting
07/20/04
Re:Attorney for Scurr Matter
REQUEST
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA PROVIDING AN ESTIMATED
COST NOT TO EXCEED $7,000 TO COME FROM GENERAL
CONTINGENCY ACCOUNT #00121005199920 FOR A LEGAL OPINION
RELATING TO FORMER CITY MANAGER CHARLES SCURR'S
PENSION MATTER;PROVIDING AN EFFECTIVE DATE
BACKGROUND AND ANAL YSIS
The City Commission attheir regular June 1,2004 meeting instructed the City Manager to
prepare a resolution authorizing the entrance into a contract for further legal advice on the
provisions of the contract with former city manager Charles Scurr concerning his pension and the
crediting for past government service.After selecting the attorney determined tobethe most
qualified to offer that advice,the Commission further instructed the Manager to obtain an
estimate of thecostforsuchservices.Thisresolutionisintendedtoapprovethose estimated
costs,nottoexceed$7,000,asthiswasnota budgeted item.Thisexpenseistocomefrom
general contingency account #00121005199920 with a current balance of $26,572.74.
RECOMMENDA TION
Your denial of the resolution is recommended.
Attachments:Resolution
Estimate Letter from Ronald Cohen
Copy of faxsentto Ronald Cohen
Ronald J.Cohen,P.A.
ATTORNEYS AT LAW
VIA FACSIMILE/305-663-6345
July13,2004
ANDREW JACKSON BUILDING
8IOO OAK LANE,SUITE 403
MIAMI LAKES,FLORIDA 33016
DADE:(305)823-1212
BROWARD:(954)922-144-6
FACSIMILE:(30S)823-7778
Charles Blazak,Assistant toCity Manager
Cityof South Miami
6130 Sunset Drive
South Miami,FL 33143
Re:Charles Scurr Pension Matter
Dear Mr.Blazak:
We are pleased to be selected by the City Commission to provide a legal
opinion on the Charles Scurr pension matter.Our hourly rate for attorney's time
will be $200.00 per hour and our hourly rate for paralegal time will be $75.00 per
hour.We estimateourfeestobeinthe neighborhood of$7,000.00.
Sincerely,
DICTATED &SENTIN
HIS ABSENCE TO EXPEDITE
Ronald J..Cohen
RJC/nlw
P:\Documents\RON\Proposals\south miami 2004\Blazek Itr refees.doc
CITY OF SOUTH MIAMI
6130 Sunset Drive
SouthMiami,FL 33143
(305)663-6318 (305)663-6345 (fax)
FROM:Charles Blazek,Assistant tothe City Manager
TO:RonaldJ.Cohen,Esq.
COMPANY:
FAX NUMBER:305-823-7778
DATE:July7,2004
NO.OF PAGES (including thiscover sheet):22
RE:Charles Scurr Pension Matter
Comments:The South Miami City Commission selected you to offer a legal opinion on the
captioned matter for the city.Please briefly review the following pages and send us an estimate
ofyour time and charges to study the matter and present us with a legal memorandum as to
whether the City is obligated to pay for his pension buy-back.There are other related questions
below and on the first page following this cover that the Commission would like addressed in the
memorandum as well.We would appreciate receiving your fee estimate as soon as possible.
Several concerns/questions related to the Pension Buyback situation are itemized below:
1.Itisnot clear in either Mr.Scurr's contract orthe resolution approving his hire thatthe
City committed itself to buying back Mr.Scurr's previous pension time.The resolution
(No.203-98-10470)states,"Section 2.Charles D.Scurr shall receive a salary of $85,000
annually as well as ...,and credit in the South Miami Retirement System for time
employed in other governmental entities,as provided in the City of South Miami 1997/98
finaladoptedCitybudget."
There is no provision in the referenced budget to a "buyback"of previous time.The
resolution simply states that he would receive "credit"for the time,which,per my
understanding,is usually used to determine vesting and allowed contribution amounts.
Furthermore,there is no provision for payment of any money by the City toward the
referenced credit.
2.Mayor Robaina's memo dated July 19,1999,intended to "clarify the intent of the City
Commission resolution"simply refers tothe "attached"resolution and offers no
interpretation.Even the EMPLOYMENT AGREEMENT BETWEEN CITY OF SOUTH
MIAMI AND CHARLES D.SCURR statesonly(underSection2.5 Retirement Benefits),
"Credit (bold emphasis added)in the City retirement system for time employed in other
governmental entities and annual contributions tothe system."
The regular annual contributions to the system,this appears to say,would be based on the
years of service with which he was credited.Again,it says nothing about a buyback of
time served.Would any responsible legislative body saddle a cash-strapped city with a
half-a-million dollar obligation up-front to someone whom it had just hired?
The contract and the resolution are between theCity and Mr.Scurr.Onlythe majority of
the Commission has any authority to alter any provisions.The Mayor,acting alone,has
no authority to clarify and/or change any provisions of either one.
3.The City's Pension Plan is setup and established by ordinance and is supposed to be
totally non-discriminatory.Wouldn't it have required the passage of an amending
ordinance by the then-sitting Commission ifit was their intent to buy-back or fund all the
previous years of Mr.Scurr's previous government service;and would it not have been
illegal to separate him as a class unto himself for specialized provisions under the plan
thatdonotexistanywhere,foranyclass of employee?
4.If itwasdeterminedtobetheintent of thethen-sittingCommissiontobuybackthe
previous years'contributions to the Pension Plan for Mr.Scurr,can the City be held to a
provision ina contract thatis illegal onits face?
These are ourmainconcernswiththis situation.Wewouldlikeyourmemorandum,should
acceptable terms be negotiated,to address these issues also.Thank you.
Attached/following:
Facts/Issues Re Scurr Pension
ArticleIII,Section5HCity of SouthMiami Charter
Memofrom Finance Director to present City Manager,Dated 3/19/04
LetterfromPension Attorneys Sugarman &Susskind,1/10/03
Memo fromFinanceDirectorto Acting CityManager12/27/02
Resolution No.203-98-10470 (appointingCityManagerScurr)
Memo toFinanceDirectorfromMayorRobaina 7/19/99
Employment Agreement betweenCityandScurr
Resolution No.198-02-1157 (acceptingScurrresignation)
Facts/Issues Re Scurr Pension
The City and Charles Scurr entered in an Employment Agreement.The contract provides
for "Credit intheCity retirement system for time employed in other governmental
entitiesandannual contributions tothe system"(contract paragraph 2.5).
The City's pension attorney has opined that the "buy-back"provision could notbe put
intoaPensionPlanunlessitwasextendedtoallotherCity employees.Itwasalsohis
opinion that,"Unless and until the Pension Plan is amended by ordinance,the Pension
Plan cannot grant credited service to Mr.Scurr for his service with other governmental
service.Furthermore,should the P3ension Plan notbeso amended,$89,716.80 paid by
the City to the Plan for the other governmental service should be either refunded to the
City or credited towards future required City contributions."To so alter the Pension Plan
would cause the City to incur costs of at least hundreds of thousands,if not millions of
dollars inbuybacksforotheremployees.
The City Commission never approved by budget,resolution or ordinance the
authorization of expenditures to fund buy-backs.Despite this,Charles Scurr signed
checks to pay for the buy-backs of his pension credits.The City Charter at Art.Ill,
Section 5H requires all expenditures over $5,000 to be approved by the Commission.
Thecheckswereinexcess of that threshold amountandwerenotapprovedbythe
Commission.TheCity's Finance Director questioned the expenditures.The mayor at
that time,Julio Robaina,drafted a memorandum to justify the expenditure,but all it did
was refer tothe contract,whichwas drafted by Mr.Scurr and his representative.
Issues
1.Having approved the City Manager's contract,must the Commission approve all
other resolutions and ordinances necessary toeffectuateit,ordoestheCity
Commission exercise its independent legislative duties on each budgetary item
before it?
2.Since Scurr's pension provision was not allowed under the Pension Plan atthe
timethe contract was approved,did the Commission have to approve a change to
the pension ordinance,or could they exercise independent legislative prerogative
in approving thenew pension provisions?
3.WasScurr's signing checksto fund his pension illegal?
4.Didtheact of Scurr's signing checks bindthecityto fully fund his pension buy-
back?
5.Doesthe fact that Scurr tookno action to change thepensionplan(hecouldhave
proposed an ordinance or resolution)mean that he waived his right to enforce the
pension provision?
6.As you're aware,a contract can be formal or ratified by conduct.Bythe City
funding the buy-back,Scurr can argue that that was ratification and no other
formal act of theCommissionwas necessary.But,since Scurr executedtheacts of
ratification on behalf of theCity,canheusethoseactsagainsttheCity?
ffloM 7H££o<rrt\/hSflw-C;^y £vfl,<n£#
temporary absence ordisability.SuchactingCity Manager shall
not serve for a period longer than 90days.During such absence
or disability,the Commission may decline such recommendation at
any time and appoint another officer of the City to serve until
the Manager shall return or his disability shall cease.
B.Failure to Recommend During such absence or disability
as set forth in(A),if the City Manager fails to recommend an
Acting CityManager,the Commission shallnamean Acting Manager
to serve at the pleasure of the Commission.
SECTION 5.Powers and Duties
The City Managershallbe the chief executive officer and
head of the administrative branch of theCity government.Heor
sheshallbe responsible to the Commission for the proper
administration ofall affairs of the City.Heor she shallhave
the following powers and duties to:
A.Appoint and,when necessary forthegoodoftheCity,
remove any non-elective of.£jge.rs_or employees ofthe City
(excepting those authorized tobe appointed and removed by the
uity commission;,providing such removaldoesnot conflict with
Civil Service provisions.
B.Prepare the budget annually and submit it to the
Commission and be responsible for its administration after
adoption.
C.Submit to the Commission and make available to the
public a report everymonthon the financesand administrative
activities ofthe City,together with hisorher recommendations.
D.Prepare and submit to the Commission at the end of the
fiscalyeara complete reporton the financesand administrative
activitiesoftheCityforthepreceding year.
E.Direct and superYA£e_the administration of all
departmentsr offices and ""~agenc"ies""~'bT""'~tlTe"^i€y","except—as*
otherwise provided by this Charter orby law.(Amended 2/8/00)
F.Attend all Commission meetings withthe right totake
part in discussion.*
G.Perform such other duties as are specified in this
Charter or which may be required by the Commission.
H.Contract for the purchase of any goods or services for
any department ofthe City inan amount uptoand including
($5,000.00).Allcontractsforgoodsandservicesinexcessof
$5,000.00 shallbe approved bythe City Commission.The city
15 SOUTH MIAMI CITY CHARTER
AMENDED 278/00
Managershall report allexpenditurestotheCityCommission
monthly.(Amended 2/8/00)
All purchases shall be approved after competitive conditions
shallhave been maintainedandcompetitivebids sought fromat
least three differentsourcesofsupplyifavailable,such
determinationtobemadebythe Commission,and,notwithstanding
theforegoing,theCitymaymakepurchases through other
governmentalagenciesthathave followed similarbidding
procedures.Thissubsectiondoesnot apply tothepurchaseof
legal andexpert services thathavebeen approved bythe City
Commission.(Amended 2/8/00)
ARTICLE IV
Finance
SECTION 1.Fiscal Year
The fiscal year of the City ofSouthMiami shall be the same
as that set by Dade County or its successors.
SECTION TT Budget
A.The City.Manager shallsubmittothe Commission,60
days prior tothe beginning of the fiscal year,an annual budget
together withan explanatory message.The budget,budget message
and all supporting schedules,shallbea public record open to
public inspection byanyone.
B.Public Hearings Atthemeetingofthe Commission at
which the budget and budget message are submitted,the Commission
shall determine the time and place for a public hearing on the
budget,at which time,interested persons shall be given an
opportunity tobe heard.TheCity Clerk shall post a notice of
the place and time not less than five days after the date of
posting at which time the Commission will hold a public hearing.
C t Adjustments After conclusion of such public hearings,
the Commission may insert new items or may increase,decrease or
delete the items of the budget;provided,however,ifthe total
of proposed expenditures be increased thereby,thenandin that
event,the City Clerk shall post a notice setting forth the
nature of the proposed increase and listing a place andtime not
less than five days after the date of posting ofthe public,
hearing thereon.
D*t Adoption The budget shall be adopted by three
affirmative votes of the City Commission before the first day of
thenewfiscalyear.Shouldthe Commission takeno final action
onor prior tothe date,the budget,as submitted,shallbe
16 SOUTH MIAMI CITY CHARTER
AMENDED 2/8/00
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
I
MAR 19 2004
CITY MANAGER'S OFFICE
****************************************************************
To:MariaDavis Date:March 19,2004
City Manager
From:Hakeem K.Oshikoya,CPA /Re:Pension Buyback-
Finance Director \\/Charles Scurr
********************************************************************
Asa follow-up to our conversation of this morning,I am writing this memo to provide
you additional information to my December 27,2002 relative to the former City Manager
Charles Scurr's pension.
1.On October 5,1999,theCity Commission entered intoanemployment contract
with Mr.Scurr.
2.Section 2.5 of the contract provides for "Credit intheCity retirement system for
time employed in other governmental entities and annual contributions to the
system".
3.At some point after approval of the contract,Mr.Scurr requested for usto begin
payment of funds into the pension plan for his regular pension contribution and
the buyback time.
4.I responded to him that my interpretation of this section of the contract is only for
theCitytopay for his regular pension contribution annually based onhis current
salary atthe time,and it does not address the issue ofwhowillbe responsible for
the payment ofthe buyback time.Furthermore,theCity pension plan only
provides for buyback oftime for City of South Miami past services uptoa
maximum of five(5)yearsintheCityretirement system.
5.Because of the fact thattheCity pension plan doesnotprovide for buyback of
timeto employees for services rendered to other governmental entities,I
suggested for Mr.Scurr to obtain clarification of the matter from either theCity
AttorneyortheCity Commission if theCitywas responsible forpayment of his
buyback time and how tohandletheambiguity.
6.Subsequent tothis discussion 1had withhim,he forwarded meamemo written by
former Mayor Julio Robaina,dated July19,1999 clarifying theintent of theCity
Commission regarding Section2.5 of thecontracttomeanthattheCitywillbe
financially responsible for payment of Mr.Scurr'spensionbuybacktime.
7.FromthetimewereceivedtheformerMayor'sletter,theCitystarted making two
separate biweekly payments tothebank for Mr.Scurr.One for thebuybacktime
andtheotherforhisregularpensioncontribution.
8.In December 2002,upon Mr.Scurr's resignation of employmentwiththeCity,I
wrote a memo toMr.Youkilis,whowasthe Acting City Managerthentoinquire
abouthowtohandle future paymentsintohispensionbuyback account.
9.Heforwardedthe memo andother documents tothe City Commission for
direction.
10.The documents werelatersenttothePensionBoard Attorney for review and
recommendations (seeattachedletter).
11.Itwasafterreceiving response of the Pension Board Attorneythatitbecame
known tousthatthefundssenttothe bank for credit into Mr.Scurr's pension
buyback account were never credited tohimbythe Pension Actuary because the
current provisions of the pension plan does notallow for himtobe credited with
buyback time,and his funds were used tooffsetthe annual amount of
contributionsbytheCitytothe general pensionplan.
Please advise if thereisany additional informationIneedtoprovide regarding this
matter.Thanks.
SUGARMAN &SUSSKIND
PROFESSIONAL ASSOCIATION
ATTORNEYSATLAW
RobertA.Sugorman*2901 Ponce DeLeon Boutevard
Howad 5.SuoUnd Suite 750
David LRoblnwn CoroJ Oabtes,Rorida 33134
KennethR.Harrison,Sr.(30$)629-2601
O.Marcus BrasweB,Jr.Broward 327«287B
George S.Aude ToO Free 1-0)0-329-2122
Charles A.Gtoson Facsimile (305)447-8115
♦Board Certified Labor
&Employment Lawyer
January 10,2003
20*d
Via facsimile (305)**S»3S77 &U.S,Mail
Board ofTrustees
City of South Miami Pension Funds
c/o Jearmette Enrizo-Navarro,Human Resources Manager
6130 Sunset Drive
South Miami,Florida 33143
Re:Pension Credit for Former City Manager Charles Scurr
Dear Trustees:
You have asked our opinion concerning the contributions which should be made tothe
South Miami Pension Plan onbehalf ofrecently resigned City Manager Charles Scurr.
In preparing this opinion,we have reviewed the Inter Office Memorandum dated
December 27,2002 from Finance Director Oshikoya to Acting City Manager Youkilis,City
Commission ResolutionsNo.203-98-1040 and 198-02-11547,theMemorandumdatedJuly 19,
1999 from Mayor Robaina to Finance Director Oshikoya,the Employment Agreement between
the City and Mr.Scurr dated October 4,1999,and the provisions ofthe pension plan set forth in
Chapter 16,Article II ofthe South Miami Code.
Resolution No.203-98-10470,dated July 21,1998,appointed Mr.Scurr asthecity
manager and provided for a "credit m the South Miami Retirement System for time employed in
other governmental entities;'The July 19,1999 Memorandum from Mayor Robaina verified the
City Commission's intent that the retirement credit be "part of the compensation section of the
resolution and isthe financial responsibility of the City."Section 2.5 of the October S,1999
Employment Agreement also states that Mr.Scurr received "credit in the City retirement system,
for time employed in other governmental entities and annual contributions tothe system."
d£0?90 EO-OT-U*r
Board ofTrustees
City of SouthMiamiPensionFunds
c/o Jeannette Enrizo-Navarro,Human Resources Manager
January 10,2003
Page2
Although Resolution No.203-98*10470 and the Employment Agreement provide for
credited service in the South Miami Pension Plan for Mr.Scurr's other governmental service,
there is no such provision in the South Miami Pension Plan which authorizes you to pay a
pension based upon service for other governments.As trustees of the Pension Plan,you have a
fiduciary dutyto pay benefits only in accordance with the terms ofthe Pension Plan.Since the
Pension Plan does not provide for credited service for time spent working for other employers,it
is our opinion that the South Miami Pension Plan cannot pay abenefit to Mr.Scurr or grant him
credited service based upon his employment with other employers.
In order for Mr.Scurr to receive credited service for employment with other
governmental employers,the provisions of the South Miami Pension Plan must be amended by
ordinance.Because the provisions of Resolution No.203-98-10470 and the Employment
Agreement are ambiguous as to the financing of this credit for Mr.Scurr,the ordinance
amendment should include answers to the following questions:
♦Is Mr.Scurr required to make employee contributions for the credited service heis
receiving for work with other governmental employers?
♦Was Mr.Scurr obligated to make employee contributions for the credited service he
earned while employed as South Miami City Manager?
♦Are there any other employment agreements or arrangements with other employees who
are participants inthe South Miami Pension Plan providing for credited service for work
with other employers?If so,those arrangements should also be included inthe
ordinance.1
If the city attorney drafts the amending ordinance,we request an opportunity to review it
before itis submitted to the Commission.If you would like usto draft the ordinance,(a service
which is covered byour retainer),please askthe City to furnish uswiththe answers tothe above
questions and we will prepare the amendment for review bythecity attorney.
Before the amending ordinance can be finally adopted bythe Commission,an actuarial
impact statement must be prepared by the Pension Plan's actuary.Now that Mr.Scurr's
employment with the City has terminated,the exact impact of granting this other governmental
service (that is,the amount by which this other service increased the pension he would otherwise
earn)can be definitely determined.Thus,the actuary will be able to provide us with a definite
cost for this additional credited service.The $89,716.80 which the city has already paid towards
that cost (as shown in Finance Director OB&ikoya's December 27,2002,Inter-Office
'Thcanswers to these questions must be provided by the city.Since itwas the city that adopted the resolution and
was party to tf«emptoyment contract ofMr
arnblgahiesirithciwodacumeailA.Astrustees ofthe Pension Plan,youareantboriad only to ftncrpttt and construe
ptovisiott ofthe Pension Plan;you do not have the amhority to conrtroe orimerpret ambiguous provisions ofthe
city'semployment contracts.
EO*d dS0 5 90 eo-OI-UBC
Board of Trustees
City ofSouth Miami Pension Funds
c/o Jeannette Enrizo-Navarro,Human Resources Manager
January 10,2003
Page3
Memorandum)will be credited towards this cost.The actuary should be notified of this
contnbution already made by the city so that the actuary can prepare a funding schedule for any
balancewhichmaybedue.
Based upon the understandings and for the reasons set forth above,it is our opinion that
unless and until the Pension Plan is amended by ordinance,the Pension Plan cannot grant
credited service to Mr.Scurr for Mrservicewith-other gcrvenimental employers and cannot pay
Mr.Scurr a pension based upon the other governmental service.Furthermore,should be Pension
Plan not be so amended,$89,716.80 paid by the City to the Plan for the other governmental
service should be either refunded to the city or credited towards future required city
contributions.
Yfiurs truly,
u.
lOBERTA-SUG^UqWAN
RAS/ld
Gi^MPF&PINOl^XCrtyMsrfcunP^^
frO'd dS0*90 eo-ot-uer
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
*******
To:ScSSLg,
Fr0m''St-n-°fka^CPA Re:P«*™Buyback-Finance Director charles ^
*******************♦******»*»*»♦,
In response to a phone inquiry from one of our City Commissioners and a follow ur,conversion between you and me,Iam writing this memo to request direction onTtoepaymentsofthepensionbuybackforformerCityManagerCharlesSrToSer
L IK m%*°^COmmiSSi°n entered **-«***»•«contract
2.Section 25of the contract provides for "Credit in the City retirement system fortune^employed mother governmental entities and annua,contribute to the
3.In order to accomplish the requirements of the provision,the City requested andrecerved^formation from Mr.Scurr pertaining to his past salaries toothe^
governmental entities that he was employed.4.The information received was used to determine his average salary in the last ten
EsSr working for city °f s°uth ^^~rw2
5'sies,™1 was *"used t0 calculate Ws total pension buyback «*»»*of
6'Th ^h3S T^6 ^followmS Payments towards Mr.Scurr's pension buybackandhisannualcontributionssinceinceptionofthecontract:'
YEAR BUYBACK AMOTTNT ANNUAL CmvTPTR.rrrr™
2000 $28,189.18 $4,495.00
2001 27,054.34 4'674 80
200°3 2L°^54 wJS20036,463.74 ,683.o4
TOTAL 89,716.80 17,998.89
Page2
Charles Scurr
Pension Buyback
Srf ^ICW'S ^?y °f n&W**wM»the City of South Miami is Februarv 172003,and his pension buyback would not have been Mly paid asSto S '
PleaseadviseonfUtLTuS^^^
RESOLUTION NO.203-98-10470
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE CITY
^o?™rPRCHARLFpD ^p***0™™™*0F CITY MANAGER;APPOINTING CHARLES D.SCURR TO SERVE AS CITY MANAGER-
PROVIDING FOR SALARY ADJUSTMENT;PROVIDING FOR
BENEFITS;AND PROVIDING FORAN EFFECTIVE DATE.
WHEREAS,the Mayor and City Commission of the city of South
Miami are authorized pursuant to article II,section 7 and
article III,section 1 of the city Charter,to appoint a Citv
Manager,who shall serve at the pleasure of the Commission;and
WHEREAS,the City Manager shall be the chief executive
officer and the head of the administrative branch of the citv
government;and •lty-
^•4.^?ER^'article III,section 2 of the city Charter provides
that the City Manager shall be appointed solely on the basis of
,?f.hfr^eXecutiye and administrative qualifications,shall bequalifiedbyexperienceandtraininginmunicipalgovernmentand
shall be a graduate of a recognized school of government of have
equivalent experience;and
WHEREAS,on January 6,1998 by Resolution No.8-98-10275 the
City Commission provided for the selection of a City Manager bv
Creating a City of South Miami City Manager Search Committee;and
WHEREAS/ON March 3,1998 by Resolution No.52-98-10319 the
City Commission provided for the composition of that City Manager
Search ^Committee to be comprise into two groups;l)a
Professional City Manager Committee,comprised of three'current
full members in good standing of the International City/Countv
Managers Association (ICMA);and 2)a Citizen Search Committee
comprised of five members who would be selected from amona the
citizenryoftheCity;and
WHEREAS,on March 17,1998 by Resolution No.58-98-10326 Lee
Feldman,City Manager for the City of North Miami,John Asmar
City Manager from the City of Homestead and Linda Karlson,Citv
Manager for the Town of Bay Harbor Islands were appointed to the
Professional City Manager Search Committee and were charged with
the responsibility of reviewing the applications submitted and
narrowing that number down to 10 prospective candidates for
review bythe Citizen Search Committee;and
WHEREAS,on April 7,1998 by Resolution No.75-98-10342 Ann
Bass Bruce Hoffmann,John Whitehead,III,Subrata Basu and Ned
W.Valois were appointed to the Citizen Search Committee and were
charged with the responsibility of further narrowing down the
prospective candidates for submission to the City Commission
City ot south mW,Florida ^n a p^rLnent ca^fftv *2 £*pleasure of the Commission.f^aneni:capacity at the
Section 2.
of $85,000 annually as well
compensation,car allowance,
Retirement System fortime
entities,as provided inthe
adoptedCity budget.
Charles D.Scurr shall receive a salary
HZ*lnsur*?ce.benefits,deferredandcreditmtheSouthMiami
employed m other governmental
Section 3.
upon approval.
City of south Miami 1997/98 final
This resolution shall take effect immediately
PASSED AND ADOPTED this 21st day of July
_,1998
ATTEST:
CITY CLERK
READANDAPPROVEDASTO FORM:
—^r<?i
CITY ATTORNEY
/<z>exjAj^
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
ViceMayor Oliveros:
CommissionerRussell:
Commissioner Feliu:
Commissioner Bethel:
5-0
Yea
Yea
Yea
Yea
Yea
JULIO ROBAINA
MAYOR
To:Hakeem Oshikoya
GifygfSouth xJiuinw
6130 SUNSET DRIVE
SOUTH MIAMI,FLORIDA 33143
305/663-6340
FAX 663-6348
'^{^mJFrom:Julio Robaina
Date:July 19,1999
Re:Charles(Scurr ASouth Miami
Retirement System
The purpose ofthis memorandum isto clarify theintent of theCityCommission
resolution (Resolution attached)concerningtheretirementcreditforthe City Manager.
Thisis part of the compensation section of the resolution andisthe financial
responsibility of theCity.
CC:C.Scurr
EMPLOYMENT AGREEMENT
BETWEEN CITY OF SOUTH MIAMI AND
CHARLES D.SCURR
This Agreement,is made and entered into this 5th day of October,1999,between
theCity of SouthMiami,a Florida municipal corporation,andCharlesD.Scurr.
WHEREAS,the City of South Miami andCharlesD.Scurr wish to continue to
employtheservices of Charles D.Scurr asCity Manager oftheCity of SouthMiami;and
WHEREAS,theCity and City Manager desire to provide for certain procedures,
benefits,requirements and tosetworking conditions regarding theemployment of the
CityManager by theCity.
NOW,THEREFORE,in consideration of the promises,mutual covenants,
conditions,provisions and undertakings contained inthis Agreement,and for other good
and valuable consideration,the receipt and sufficiency of which is acknowledged byboth
parties,thepartiescovenantand agree witheachotherasfollows:
1.The City Manager shall:
1.1 Duties.Continue to perform the duties of theCity Manager of theCity of
SouthMiamiin accordance withthe terms conditions and provisions
contained in this Agreement,the Charterand Code of Ordinances of the
City of South Miami,andas otherwise lawfullydirectedby motion or
acclamation ofthe City Commission.
1.2 Time Required.TheCityManagerrecognizesthe position is not and
cannotbeanhourly-type employment andthe City Managershall work as
requiredinordertocarryouthisdutiesand responsibilities.
1.3OutsideEmployment.TheCity Manager may engagein outside
employmentsolong as:1)prior permissionisreceivedfromtheMayor
andCity Commission upon disclosure of the nature of theemployment,
durationandtheestimated number of hoursper month that will be devoted
tothe employment,2)theemployment does notviolatethe prohibition
againstdualofficeholdingand3)the employment does not createa
potential conflict of interest or detract from thetime necessary to
accomplish city work,as determined inthe discretion of theCity
Commission.Theterm "Outside Employment"shall not be construed to
mean occasional teaching,publication,pro bono activitiesorconsulting
servicesperformedon time off,not exceeding 5hoursa week unless
approved by the City Cornmission.
2.The City shall:
2.1 Employment.Continue to employ Charles D.Scurr as City Manager
consistent with the Charter and Code of Ordinances of the City of South
Miami,and as otherwise lawfully directed by motion or acclamation ofthe
City Commission and the terms and conditions ofthis Agreement
2.2 Salary.The amount of Ninety three thousand five hundred dollars
($93,500.00)for the period beginning October 1,1999,payable in
accordance with the regularly scheduled method of compensation for other
City employees and subject to adjustment in accordance with this
Agreement
2.3 Annual Adjustment Annually review the salary of the City Manager as
part of the annual budget annually in accordance with the City Charter.
The City Commission may,in its sole discretion,grant a merit salary
increase and,or,other benefits totheCity Manager.
2A Cost of Living.COLA as approved by the City for other general
employees.
2J>Retirement Benefits.Credit in the City retirement system for time
employed in other governmental entities and annual contributions tothe
system.
2J>General Expenses:The City shall pay a monthly expense allowance
equivalent to that provided for the individual members of the City
Cornmission.
2.7 Professional Dues.Reasonable and customary dues,training and
subscriptions necessary for the City Manager's continued professional
participation,growth and advancement,including national and state
professional organizations.
2.8 Transportation.A car allowance of $500.00 monthly plus a gasoline
allowance of $100.00 monthly,or if requested by the City Manager,a City
car,in which event the City shall be responsible for providing for liability,
property damage and comprehensive insurance and for the purchase,
operation,maintenance,repair and regular replacement of the vehicle.
Entitlement to use of the City vehicle shall cease upon the City Manager's
terminationor resignation.
2.9 Insurance/Medical.Payfamily coverage healthanddentalinsurance
under thecity plans,longterm disability insurance,andlife insurance in
an amount equal to annual salary,and an annual physical.
2.10Leave.Equivalent to other City employees at senior seniority levels as
provided in theCitypersonnel regulations.
2.11 Deferred Compensation.An annual amount equal to 11%of the City
Manager's annual salary ,into the Plan on the City Manager's behalf,and
agree to transfer ownership to the City Manager of the Plan's fund upon
theCityManager'sresignationortermination.
2.12Equipment.Providetheequipmentnecessarytoperform the duties of City
Managersuchascellphone,pagerandradio.
2.13 Indemnification and Defense of Claims.The City shall defend,save
harmlessand indemnify theCityManageragainstany tort,professional
liabilityclaimordemandoranyandallotherlegalactionarisingout of an
allegedactoromission occurring intheperformance of theCity
Manager'sduties.TheCitywill litigate,compromise orsettleanysuch
claimorsuitandpaytheamount of any settlement or judgement rendered
thereon.TheCity,orits insurance carrier,will providelegal
representation fortheCity Manager,suitable totheCity Manager,for any
andallclaims,proceedingsorlawsuitsrelated to orarising out of the City
Manager'saffiliationwiththeCity.This indemnification provisionshall
survive the termination ofthis Agreement.
2.14Bonds.Payforanycost of bondsrequiredpursuanttolaw,ordinance or
Charter.
3.Termination.The CityManagershallserveatthe pleasure of the City
Commission as defined by theCity Charter.Nothing in this Agreement shall
prevent,limitor otherwise interfere withthe absolute right of a majority of the
full CityCommissionto tenninate the services of theCity Manager atany
time,withorwithout cause,andwithoutpriornotice,in accordance with
ArticleHI,Section 3 of the City's Charter,subject onlyto the provisionsset
forthin Section 4 of thisAgreement.Inthe event the City Manager voluntarily
resigns his position withthe City,then theCity Manager shall givetheCity
Commission60-dayswritten notice,in advance,unlesstheparties agree to
waivesuchnoticerequirement Termination forcauseshallmean termination
for thesame grounds aswouldresultinthe forfeiture of office by a
Commissioner under Article II,Section 4.A.of the City Charter.
4.Severance Terms andConditions.Severance pay,as authorized by the Charter,
shall notbe payable intheevent of a voluntary resignation or termination for
cause.Inthe event theCity Manager isterminated without cause by amajority
of thefullCity Commission,ortheCity Manager resignsfollowinga
suggestion made in writing or ata public meeting or workshop by any two
members of the Commission thatheresign,or the City Commission suspends
theCity Manager without cause for more than 90 days,inwhich events the
City Manager mayathis option be deemed terminated without cause,theCity
shall pay theCity Manager an amount equal 30-days of theCity Manager's
salary and accrued benefits.Any payments duetotheCity Manager for
severance,accrued leaveorother obligations shallbepaidincashin full within
30 days of resignation or termination.
5.Suspension.The City Conimission may suspend the City Manager with full
pay and benefits at any time during the term of this Agreement The
Commission may suspend the City Manager without pay and further benefits
but only for cause as described in Section 3 and upon giving the City Manager
at least 30-days written notice of the charges to be heard at apublic hearing on
thecharges.6
6.Term Theterm of'this Agreement sliaU be athree (3)year term commencing
October 1,1999 and ending September 30,2002.
7.Contact Payment In the event the City Manager is terminated without cause
or the City Manager resigns as provided in paragraph 4,the City shall
additionally pay the City Manager the balance"of payments and benefits
provided for under this contract up to a maximum of six months plus one
additional month for eachyear of service.
8.Amendment The provisions of this Agreement constitute the entire
understanding between the parties.Only the representations and understanding
contained herein shall be binding upon the City Commission and the City
Manager.No other representations or understanding are binding on the City
Commission and the City Manager unless contained in this or a subsequent
duly adopted Agreement.No modification,amendment or alteration in the
terms and conditions of this Agreement shall be effective unless approved in
writing by both parties.
9.Severability.In the event any provision of this Agreement is declared by a
court of competent jurisdiction to be invalid,the declaration shall not affect the
validity of the Agreement as awhole,or any part of the Agreement,other than
thepart declared tobeinvalid.
10.No Property Right to Employment.The contract for employment does not
change the nature of the employment from at will employment nor create a
property right to employment under the laws ofthe State of Florida.
11.No Waiver.The waiver by either party ofa breach of any provision of this
Agreement by the other shall not operate or be construed as a waiver of any
subsequent breach by that party.
12.Obligations Personal.The rights and obligations herein granted are personal in
nature and cannot be transferred by the City Manager.
13.Reduction of Compensation.In the event the City Commission at any time
during the employment of the City Manager,reduces the annual financial
refuses,following written notice,tocomplywith Z'**C™fJ™benefiting Je C*Manager,then fa that ^^Z^£7£option,be deemed to be terminated within the terms ouflineTm8|S ?J54above,at the date of the reduction or the refusal and th™?provision and other termination provisions JStacSL^E2"£X
annualsdary^dbenefitlevelmeffectpriortothereducrTon^S **
14.Florida Law.This Agreement shall be governed hv Florid i
protected property right in employment ieaeraiiy
15.Waiver of Right to Jury Trial.The parties knowingly waive their ririrt to .jury tnal in any legal action arisingunder,or mlatmgSS^me^f
16.Effectiye Date This Agreement shall become effective on the date of armrovalbyresolutionoftheCityCommission.approval
.>N WITNESS WHEREOF,the City of South Miami has caused this Agreement toChaXl,^eX^ted.°a lf behalf ^its ^or «*duly attested by Tc^Skl^dChariesD.Scurr has s.gned and executed this Agreement the day L yJfStb^
City of South Miami
Attest:
City.Clerk //
J?
Approved astoforand
Legal sufficiency:
•*./<£><&*L/&y£.
CityAttorney
Julio Robaina,Mayor
City Manager
RESOLUTIONNO.198-02-11547
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAML FLORIDA,RELATING TO
THE CITY MANAGER;ACCEPTING THE RESIGNATION OF
CHARLES D.SCURR AND AUTHORIZING SEVERANCE
PAYMENT;PROVTDING AN EFFECTIVE DATE.
WHEREAS Charles D.Scurr was appointed by the Mayor and CitvCommissionoftheCityofSouthMiamitoserveasitscitymanagerandMr.Sam
bas fully and faithfully served the city during that time;and
WHEREAS,Mr.Scurr gave notice on December 17,2002,that he desires
to resign as city manager and has notified the city commission that he will
continue to be available as necessary and appropriate to assist with the transition;
WHEREAS,the Mayor and City Commission accept his resignation upon
theterms and conditions stated inthis resolution.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAML FLORIDA;
a ~„Sefc°n {,,.^.resignation of Mr.Charles D.Scurr as city manager oftiieCityofSouthMiamiisaccepted.The resignation shall be effective 60 davs
from December 17,2002;provided,however,in the event the city commission
appoints a permanent city manager during that 60-day period of time the
resignation shaU be effective upon the date of the appointment Mr.Scurr shaU be
on leave following this commission meeting to the effective date of his
resignation.Regardless whether a city manager is appointed during the 60-dav
penod,Mr.Scurr shall receive salary and benefits as follows:(1)hTwill receive
S^TT^f ^^n ^ne6tS durfng *"**30 day*md (2)Payment shallbemadeforthesecond30daysprovidedthathehasnotcommencedemployment
££5i&2 *•Scm "**•other empIoyment he shaU b<pS to
Section^This resolution shall take effect immediately upon approval.
Additions shown by underlining and deletions shown by ovcrarilcing.
Res,No.198-02-11547
PASSED AND ADOPTED this 17th day of December,2002.
AITEST:APPROVED:
YCLERK
COMMISSION VOTE:
READ AND APPROVED AS TO FORM:
CITY ATTORNEY '"
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Page2 of 2
COMMISSION VOTE:
Mayor Feliu:
ViceMayorRussell:
Commissioner Wiscombe:
Commissioner Bethel:
Commissioner McCrea:
5-0
Yea
Yea
Yea
Yea
Yea