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03-04-08 Item 11South Miami Afl4n ica Cfty 1 1 CITY OF SOUTH MIAMI �c`o9z`oP OFFICE OF THE CITY MANAGER R INTER - OFFICE MEMORANDUM 2001 To: The Honorable Vice Mayor and Commissioners From: Mayor Horace G. Feliu Date: March 4, 2008 Agenda Item No.: Subject: Request to pay Acting City Manager for additional duties. Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMPENSATION FOR THE ACTING CITY MANAGER; PROVIDING FOR AN EFFECTIVE DATE Request: To pay Acting City Manager for additional duties. Reason /Need: To compensate the Acting City Manager for additional duties in accordance with the City's Personnel Rules and applicable Labor Laws. Mr. Balogun is currently filling the following 3 positions: 1. Public Woks & Engineering Director 2. Assistant City Manager 3. Acting City Manager The proposed pay of only $551.48 per week is being considered for the duties of Acting City Manager only. Historically the City has paid a range of $85,000 ($1,634.61 per week) to $110,000 ($2,115.38 per week) to Acting City Managers and per the attached salary survey, we would have to $159,000 ($3,057.78 per week) if we should fill the position with a new employee other than Mr. Balogun. Cost: $551.48, per week. Funding Source: City Manager's Office Salary Account No. 001.1310.513.1210 with current account balance of $84,991.75 Backup Documentation: ❑ Adopted Resolution No. 26 -08 -12623 ❑ Mr. Balogun's original duties (Public Works & Engineering Director and as Assistant City Manager) ❑ Mr. Balogun's additional duties (As Acting City Manager) ❑ Miami -Dade County 2007 City Manager Salary Survey ❑ Acting City Managers Salary Comparison for City Manager's duties only RESOLUTION NO.: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO COMPENSATION FOR THE ACTING CITY MANAGER; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Article III, Section 4 of the City Charter, the Mayor and City Commission of the City of South Miami have the authority to appoint an acting City Manager to serve for a period of no longer than 90 days upon the resignation or during the leave of absence of the City Manager; and WHEREAS, on February 19, 2208, via resolution number 26 -08- 12623, the City Commission appointed Mr. W. Ajibola Balogun as Acting City Manager until a permanent City Manager is selected by the City Commission; and WHEREAS, in accordance with the City's Personnel Rules and Labor Laws, the City Commission wishes to compensate Mr. W. Ajibola Balogun for the additional duties in an amount of $551.48 as weekly additional pay to be charged to account number 001.1310.513.1210 with current balance of $84,991.75; and WHEREAS, the additional pay to Mr. Balogun will be discontinued as soon as a new City Manager is appointed and Mr. Balogun shall return to his original position as Assistant City Manager & Public Works Director. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: That Mr. W. Ajibola Balogun shall be paid an amount of $551.48 per week as additional pay for serving as the Acting City Manager commencing from the date of appointment until a City Manager is appointed. Section 2: That the additional pay to Mr. Balogun will be charged to account number 001.1310.513.1210 with current balance of $84,991.75. Section 3: That the additional pay to Mr. Balogun shall discontinue as soon as a new City Manager is appointed and Mr. Balogun shall return to his original position as Assistant City Manager & Public Works Director. Section 4: The attached exhibit is incorporate by reference into this resolution. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM: CITY ATTORNEY Include File Name and Path day of 12008. APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Wiscombe: Commissioner Beckman: RESOLUTION No. 2 6- 0 8 -12,6 2 3 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY MANAGER; APPOINTING' AN ACTING CITY MANAGER; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to art. III, sec. 4 of the city charter the Mayor and City Commission of the City of South Miami have the authority to appoint an acting city manager to serve for a period of no longer than 90 days; and, WHEREAS, the Mayor and City Commission have elected to exercise their option to.terminate the employment agreement with the current city manager; and, WHEREAS, the Mayor and City Commission desire to appoint Mr. Ajibola Balogun to serve as acting city manager. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section I. Mr. Ajibola Balogun is. appointed to serve as acting city manager until a permanent city manager is selected, or for a period of time of no longer than 90 days. As acting city manager, Mr. Balogun shall have all of the powers and responsibilities as the city manager under the city charier and the law. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 19th day of February 2008. ATTEST: Y CLERK AS TO FORM: .TTORNEY I COMMISSION VOTE: 5-0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Wiscombe: Yea Commissioner Beckman: Yea MR. BALOGUN' S ORIGINAL DUTIES (As Public Works & Engineering Director and as Assistant City Manager) Current Duties of the Public Works & Engineering Director LIST OF SUMMARIZED DUTIES 1. Manage 45 employees of the Public Works & Engineering Departments and direct all activities under the following divisions: o Street Division: Direct repairs to the City's streets, to include, asphalt repairs, local street signs replacement, right -of -way landscaping maintenance and street cleaning. o Solid Waste Division: Manage and direct garbage and trash collection services. o Equipment & Vehicle Maintenance: Manage and direct repairs to all City vehicles and equipments, to include, fuel management and contractual repair services. o Building Maintenance Division: Direct and manage repairs to City buildings and daily janitorial services. o Engineering & Construction: Manage Civil Engineering activities, to include, permitting proposed work within City's right -of -way, directing /issue design activities to the City consulting engineering firms and managing City's construction projects within right -of -way. 2. Direct activities under the Storm Water Management Program, to include, drainage system maintenance, contractual canal maintenance, coordination with regulatory agencies and street sweeping. Manage the Storm Water Drain Trust Fund account allocated for the program. 3. Manage and implement the 5 -Year People's Transportation Plan funded through the People's Transportation Tax Fund. 4. Create and implement the City's 5 -Year Capital Improvement Plan (CIP). The CIP is mostly funded through external funds (grants) acquired by the Public Works & Engineering Department and other enterprise funds. 5. Manage, administer and implement planned improvements under the Local Option Gas Tax Account. 6. Prepare and submit annual legislative appropriations request to State legislators and State departments. Page 2 of 2 List of Summarized Duties Public Works & Engineering Director 7. Manage and administer the goals and objectives of the National Discharge Elimination System (NPDES) activities, to include, annual reporting to Miami - Dade County Department of Environmental Resource Management & Florida Department Environmental Protection. 8. Manage and direct the city's Geographical Information System (GIS) activities, including, collection, updating, input and mapping all essential data. Exhibit A. Job Description ASSISTANT CITY MANAGER CITY OF SOUTH MIAMI DEFINITION Assists the City Manager in the overall administration of City operations And manages a variety of special projects and programs; performs other duties as required. DISTINGUISHING CHARACTERISTICS The Assistant City Manager has the responsibility for assisting in _the ; administrative operations of the City. The Assistant City manager may be assigned the management of a variety of special projects and programs such as Economic Development, Educational Programs, Affordable Housing, contract administration; and finalizing cable television franchise agreement SUPERVISION RECEIVED /EXERCISED Administrative direction Is provided by the City Manager. Supervisory responsibilities Include the direct and indirect supervision of. managers and other assigned staff. ESSENTIAL DUTIES Assists the City Manager in the administration of City operations; plans and administers economic development activities; oversees the City's contracts to ensure vendor compliance with agreements; manages activities related to the City's cable TV franchise; oversees the City's data processing operations; coordinates with City staff on Grants and oversees preparation of City applications for grants; assists in the negotiations of a variety of City. contracts and agreements; assists the City Manager and City Attorney with draft ordinances, contracts, and resolutions; conducts research and special studies on a variety of subjects as assigned by the City Manager, prepares and submits a number of annual reports regarding City operations assigned by the City Manager; oversees a variety of special programs assigned by the City Manager; makes presentations to community groups regarding City programs and operations; provides staff support to the City Commission arid, special committees; responds to a variety of inquiries and complains received from the public; assists in the development and recommendation of programs to assure the economic development and f1hancial vitality of the City; represents the City with other govemmental agencies on a variety of program areas. MR. BALOGUN' S ADDITIONAL DUTIES (As Acting City Manager) DUTIES AND RESSPONSIBILITES OF THE ACTING CITY MANAGER 1. The Acting City Manager, as the Chief Administrative Officer of the City, shall be responsible for the administration of all City affairs, for carrying out policies adopted by the Commission, and for implementing the City budget and problems as directed by the Commission. 2. The Acting City Manager shall report and be accountable only to the Commission. 3. The Acting City Manager shall perform those duties prescribed by art. III, sec. 5 and other relevant provisions of the City Charter; prescribed by law or inter -local agreement, and as directed by the Commission. 4. The Acting City Manager shall be solely responsible for hiring and terminating City employees, subject to limitations imposed by budget authorizations, funding availability or policy direction by the Commission. 5. The Acting City Manager shall devote his time and interest to the City's affairs at whatever time of the day or day of week reasonably required or scheduled subject to a minimum average of forty (40) hours per week. 6. The Acting City Manager shall be responsible for the preparation of the budget annually and submit it to the Commission and be responsible for its administration after adoption. 7. The Acting City Manager shall submit to the Commission and make available to the public a report every month on the finances and administrative activities of the City, together with his recommendations. 8. The Acting City Manager shall prepare and submit to the Commission at the end of the fiscal year, a complete report on the finances and administrative activities of the City for the preceding year. 9. The Acting City Manager shall direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by Charter or by law. 10. The Acting City Manager shall advise and consults with department heads in making recommendations on their behalf to the city Commission. 11. The Acting City Manager shall attend all Commission meetings and all other meetings as directed with the right to the take part in discussion. 12. The Acting City Manager shall be responsible to contract for the purchase of any goods or services for any department of the City in an amount up to and including ($5,000). All contracts for goods and services in excess of ($5,000) must be approved by the City Commission. 13. The Acting City Manager shall report all expenditures to the City Commission monthly. 14. The Acting City Manager shall receive information requests and complaints regarding services and resolves problems with the public. 15. The Acting City Manager shall review correspondence addressed to the City Manager's office and drafts the responses. 16. The Acting City Manager shall ensure that the laws and ordinances of the City are enforced. 17. The Acting City Manager warrants that: 17.1 He does not now have, and that he will not knowingly enter into any contract or relationship with another person or entity that creates a conflict of interest, as that term is described in se. 2 -11.1 of the Code of Miami —Dade County and the City's Conflict of Interest and Ethics Codes, 17.2 He has not paid or agreed to pay any persons any consideration for the procurement of this Agreement, 17.3 He will uphold the State, County and City ethic codes and the Florida Public Meeting and Public Records laws ( Sunshine Laws ), and 17.4 In the event he has any concerns or reservations about any pending actions as they may relate to the above topics, will seek legal advice from the City Attorney and/or direction from the Commission. MIAMI -DADE COUNTY 2007 CITY MANAGER SALARY SURVEY y A . m � � D ; n � f $ a � � 4 0 D � f i n n 3 n N�- N � i N 3 F F 3 0 s a pQ 44 pp � - sa QQ pp QQ �n 44 QQ � g 8 � 5g5�� SS Q8Q pYp � 8 C F F� _ E� �C4 7 n g �S c5 G S S S S RR R � 3- R CC ] a 4 s R - d z - y6 55 33 Y 8k g $ 8 g 8 8 g C F7 ACTING CITY MANAGERS SALARY COMPARISON FOR CITY MANAGER'S DUTIES ONLY ACTING CITY MANAGERS SALARY COMPARISON FOR CITY MANAGER'S DUTIES ONLY 1. Per attached City of South Miami's resolution number 200 -02- 11549, Acting City Manager was paid $85,000 ($1,634.62 per week) 2. Per attached City of South Miami's resolution number 22 -06- 12163, Acting City Manager was paid $110,000 ($2,115.38 per week) 3. This proposed resolution is only considering to pay the Acting City Manager $551.48 per week. RESOLUTION NO. 200 -02 -11549 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY MANAGER; APPOINTING AN ACTING CITY MANAGER; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to art. III, sec. 4 of the city charter the Mayor and City Commission of the City of South Miami have the authority to appoint an acting city manager to serve for a period of no longer than 90 days upon the resignation or during the leave of absence of the city manager; and WHEREAS, the city manager, Mr. Charles D. Scurr, has given 60 -days notice of resignation and has taken a leave of absence during that period of time; and WHEREAS, the Mayor and City Commission desire to appoint Mr. Sandy Youkilis to serve as acting city manager until a permanent city manager is selected by the commission. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. Mr. Sandy Youkilis is appointed to serve as acting city manager until a permanent city manager is selected, or for a period of time of no longer than 90 days. As acting city manager, Mr. Youkilis shall have all of the powers and responsibilities as the city manager under the city charter and the law. The acting city manager shall not be eligible for appointment as the permanent city manager. The acting city manager shall have the authority to co -sign checks on behalf of the city. The acting city manager shall be paid a fee of $85,000 per year for the period of time he serves, and no benefits. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 17`h day of December, 2002. ATTES APPROVED: CITY CLERK MAYOR COMMIS N VOTE: 5 -0 READ AND APPROVED AS TO FORM: CITY ATTORNEY Mayor Feliu: Yea Vice Mayor Russell: Yea Commissioner Wiscombe: Yea Commissioner Bethel: Yea Commissioner McCrea: Yea Page 1 of 1 Additions shown by underlining and deletions shown by ever-striking. RESOLUTION NO. 22-06-12163 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO CITY MANAGER; APPOINTING AN ACTING CITY MANAGER; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to art. III, sec. 4 of the city charter the Mayor and City Commission of the City of South Miami have the authority to appoint an acting city manager to serve for a period of no longer than 90 days upon the resignation or during the leave of absence of the city manager; and, WHEREAS, the city manager, Ms Maria Davis, has tendered her notice of resignation effective immediately; and, WHEREAS, the Mayor and City Commission desire to appoint Ms. Yvonne Soler - McKinley to serve as acting city manager until a permanent city manager is selected by the commission. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. Ms. Yvonne Soler- McKinley is appointed to serve as acting city manager until a permanent city manager is selected, or for a period of time of no longer than 90 days. As acting city manager, Ms. McKinley shall have all of the powers and responsibilities as the city manager under the city charter and the law. The acting city manager shall not be eligible for appointment as the permanent city manager. The acting. city manager shall have the authority to co -sign checks on behalf of the city. The acting city manager shall be paid a fee of $110,000 per year for the period of time she serves, and no benefits. Section 2. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 23'd day of February 2006. ATTEST: AP ROVED: CLERK MAYOR COMMISSIO VOTE: 5-0 READ ED AS TO FORM: Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea ORNEY Commissioner Birts- Cooper: Yea Commissioner Beckman: Yea Pagel of 2 Additions shown by underlining and deletions shown by evetstriking. MIAMI -DADE 2007 CITY MANAGER SALARY SURVEY 1. Average salary of City Manager, per above survey is $3,057.78 per week 2. Current base salary of Acting City Manager, including Public Works Director & Assistant City Manager's duties, is $2,506.29 per week. 3. The difference in salary of a City Manager and the current salary of the Acting City Manager is $551.48 per week. (This amount is being submitted for consideration as additional pay for the added duties.) FJ FIT PIT General Fund Type of o of Automatic Severance Pay Annual Personal Dental Vision Life Insurance on lean DtaabWty Paid , Long Tem DbablIlti City flame Population Employees Employees Budget Total Budget Services Not Provided (tame of Manager Date of t lre Years of Service Contract Contract contract Renewal Annual Salary Car Allowance Severence Pay Amount Leave Days Sick Leave Days Paid tfoOdays Medical Insurance Insurance Insurance Paid By by City Paid by City Pension Date of Last Update 10 In Aventura, 26 overall as a Open Full Family, 2x Annual Aventura 300 172 9 $42,000,000 54,000,000 Udlides, Fire Eric Soroka 6/3/96 mana er YES Perpetual Ended Open Ended $ 194.000 $700 mo. YES 12 months 15 12 3 11 Full Family, PPO PPO N/A Mary YES YES 19% of Salary for a 401(a) 5/1412007 with no 10001. Single accrual, minus an $100 Car Provided w/ can take payment City Yes, 3.5% per year of Alfred J. 26 yrs w /City; No - based Gas & up to 90 manager Makes, service (Manager Bal Harbour 2,973 701 5 $11,000,000 $16,434,000 Fire Treppeda Apr-81 11 yrs asM r. YES Term 3yrs on Council $ 135,000 Insurance YES limos 20 days for 2 11 80 %of Family N/A 100% Sinwel $100,000 YES YES contributes 8% also) 5/14/2007 Bay Harbour $ 425 car & 6 Months + islands 5,300 98 10 $7,200,000 $18,400,000 Fire Ron Watson 5/112007 1< year YES Perpetual NA N/A $ 130,000 phone YES Benefits 20 12 0 11 80% Family 80% Family NA $10,000 NO YES 10% of sain to an annuity 5/14/2007 Self & Included in 12% plus employee has to Doral 35,000 67 40 $33,229,972 $35,437,475 Police ire/Water wer/IYash Sergio Fumnos 9/112005 2 yr. YES Perpetual N/A N/A $ 154,500 $400 month YES 6 weeks 23 7.5 1 11 Self & Family Family Dental 2x sal YES YES add 6%401k 5/14/2007 Jacqueline R. Employee Included in mcm medical, 40 la City= 15% of salary, Key Biscayne 11,700 109 40 $25,500,000 $38,200,000 Water / Sewer Menedez May-06 3 yrs, YES Term 3 yrs. NO $ 178,509 Car Provided YES 6 mos. If fired 15 12 3 12 100% Family Medical 300,000 1 NO 100% Emp = 5% salary 5/7/2007 6 months salary Salary gyre + +Vacation and 100;6 10096 option for ICMA w/ 5% of annual Miami Lakes 28,000 24 6 $17,000,000 $25,000,000 CE/Flannin nin Alex Re Panama 9 I 1 002 4 YES Tenn 3 . NO $ 170,119 $6,000 Yrl . YES Sick Da s 12 15 1 l2 100%- Famil Family Famil more with NO NO Sala contributed 5/12/2007 33 1/2 yrs Has a ICMA Man with maximum Miami Shores Water/Sewer/ w /dty 8 years reverter Car Reverter 12 with 100% HMO 100% Contribution (this year Village 10,500 145 45 $12,500,000 $22,000,000 Fire Thomas J Benton Jun -73 as manager YES Perpetual clause N A $ 160,000 provided Clause N/A 25 accrural 2 11 HMO 100 %single Single sin le 35,000 NO YES $15,000), Exec 5/18/2007 Vote of 100% 100% 3 yrs. as Confidence Individual Individual manager 11 every Oct 100% Individual 50% 50% lx Annual 401 with 15% contributions Miami Springs 13,200 147 22 $13,000,000 $25,500,000 Fire / Rescue James Borgmann 11/24/2003 . w/ city YES 1. 1 . YES $ 135,894 $450/ month YES 30 Days 18 12 3 12 50% Dependent Dependent De ndent Salary NO NO b city 5/1512007 Water / Sewer/ 10 yrs with 2 x Salary - Fire /Library/ Pinecrest, 38 100% self & max 18% pension + $16,000 Pinecrest 19,300 114 40 $24,000,000 $56,000,000 Solid Waste Peter Lombardi 9 2/1996 as a m YES Tenn 4 ears YES $ 165,000 Car Provided YES 6 months 20 12 2 11 $7,200 Annuall s use NO. $200,000 YES YES With savings acct 6 9/2007 7 years as a Sunny Isles mgr; 1 yr 4 100% 100% Beach 17,000 147 3 $24,052,000 $43,866,546 Water wer ire Solid Waste John Szeri 2006 mos w ci YES Perpetual N/A YES $ 181,279 $500 month YES I year 15 12 7 10 100% Family Famil Famil $300,000 NO YES 12% Into an ICMA 401a 6/20/2007 W.D. 100% single + 100% single 10% to a deferred Comp Sur(side 5,600 100 19 10,548,685 14,700,345 None HI inbotham 30 -Jan -06 13 YES Perpetual ri A YES $ 128,752 $600 month YES 6 months 21 10 0 11 famil + family NO $150,000 YES YES 457 7/5/2007 1. Average salary of City Manager, per above survey is $3,057.78 per week 2. Current base salary of Acting City Manager, including Public Works Director & Assistant City Manager's duties, is $2,506.29 per week. 3. The difference in salary of a City Manager and the current salary of the Acting City Manager is $551.48 per week. (This amount is being submitted for consideration as additional pay for the added duties.) FJ