05-18-04 Item 11U
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To:
From:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER- OFFICE MEMORANDUM
Honorable Mayor, Vice Mayor
REQUEST
South Miami
Ail- Ammica City
11.
2001
Date: May 18, 2004
Subject: Agenda Item #
Commission Meeting
05/18/04
Re: Settlement with Charles Scurr
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA RELATING TO FORMER CITY
MANAGER CHARLES SCURR'S PENSION; AUTHORIZING THE CITY
MANAGER TO PAY AN AMOUNT NOT EXCEEDING $107,000 TO
METLIFE INVESTORS INSURANCE COMPANY ON HIS BEHALF AS
SATISFACTION OF THE RETIREMENT CLAUSE IN HIS EMPLOYMENT
CONTRACT; PROVIDING AUTHORIZATION FOR USE OF CASH.
RESERVES FOR THE DISBURSEMENT; AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
After consulting with several attorneys, including Steve Cypen, an independent pension specialist,
our City Attorney and John De La Gloria, their unanimous opinion is that we should settle the
matter concerning the retirement clause in former City Manager Charles Scurr's employment
contract. The full payment under the contract could amount to $186,772.53, but we have reached an
agreement for the amount of $107,000 stated in the authorizing resolution. Below is a synopsis of
activities over the years pertaining to this request:
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On October 5, 1999, the City Commission entered into an employment contract with Mr.
Scurr.
Section 2.5 of the contract provides for "Credit in the City retirement system for time
employed in other governmental entities and annual contributions to the system ".
In order to accomplish the requirements of the provision, the City requested and received
information from Mr. Scurr pertaining to his past salaries in other governmental entities that
he was employed.
4. The information received was used to determine his average salary in the last ten years
before he started working for City of South Miami. The amount was $52,784.80.
5. This amount was then used to calculate his total pension buyback amount of $168,177.63.
6. The City has made the following payments towards Mr. Scurr's pension buyback, and his
annual contributions since inception of the contract:
YEAR BUYBACK AMOUNT ANNUAL CONTRIBUTION
2000 $28,189.18 $4,495.00
2001 27,054.34 4,674.80
2002 28,009.54 7,146.05
2003 6,463.74 1,683.04
TOTAL 89,716.80 17,998.89
In January of 2003, the City was informed by the Pension Attorney that the retirement clause in Mr.
Scurr's employment agreement is contradictory to the City pension ordinance as presently written
making it impossible for him to be eligible for benefits in the City pension plan. Furthermore,
because of his ineligibility in the pension plan, the funds sent to the bank in his name were not
credited to him, but used to reduce the required annual contribution made by the City to the general
pension plan. The City Commission was first informed of this matter in 2003, when the City
Administration was instructed to engage another attorney to review the contract for validity and look
at the possibility of obtaining an equivalent annuity plan in his name as substitute. Mr. Scurr has
provided us an annuity plan that is satisfactory to him which will cost the City $107,000. If the
attached resolution is approved by the Commission, a check will be issued to Metlife Investors
Insurance Company for credit to Mr. Scurr's annuity plan and will release the City of any future
commitments to his retirement benefit.
RECOMMENDATION.
Approval is recommended.
ATTACHMENTS:
Proposed Resolution
Reconciliation of Amounts
January 10th letter from Robert Sugarman
Resolution Appointing Mr. Scurr as City Manager
Charles Scurf's Contract with Memo from Mayor Robaina
Resolution Accepting Mr. Scurr's Resignation
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA
RELATING TO FORMER CITY MANAGER CHARLES
SCURR' S PENSION; AUTHORIZING THE CITY MANAGER
TO PAY AN AMOUNT NOT EXCEEDING $107,000 TO
METLIFE INVESTORS INSURANCE COMPANY ON HIS
BEHALF AS SATISFACTION OF THE RETIREMENT
CLAUSE IN HIS EMPLOYMENT CONTRACT; PROVIDING
AUTHORIZATION FOR USE OF CASH RESERVE FOR THE
DISBURSEMENT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission approved an employment contract for former
City Manager Charles Scurr on October 5, 1999; and
WHEREAS, section 2.5 of the contract provides for him to receive "credit in the
City retirement system for time employed in other governmental entities and annual
contributions to the system "; and
WHEREAS, this provision contradicts the current buyback clause of the City
pension plan which limits the eligible time for buyback to five years for services rendered
to the City of South Miami only, making it impossible for him to receive credit for any
time worked for other governments; and
WHEREAS, Mr. Scurr has forwarded a proposal for the City to purchase an
annuity with Metlife Investors Insurance Company that will provide him a satisfactory
amount of benefit closer to what he would have received under the regular City pension
plan at a cost of $107,000, to be paid from the cash reserve which presently has a balance
of $664,743.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City Manager is authorized to pay an amount not exceeding
$107,000 to Metlife Investors Insurance Company on behalf of Charles Scurr to purchase
an annuity plan for him as full satisfaction for the provisions of his employment
agreement.
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Section 2. This resolution shall take effect immediately upon approval.
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PASSED AND ADOPTED this
day of May, 2004.
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ATTEST:
APPROVED:
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CITY CLERK
MAYOR
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COMMISSION VOTE:
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Mayor Russell:
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READ AND APPROVED AS TO FORM:
Vice Mayor Palmer:
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Commissioner Wiscombe:
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Commissioner Birts- Cooper:
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Commissioner Sherar:
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CITY ATTORNEY
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JAMy Documents \resolutions \Resolution pension payment. scuff. doc
Page 2 of 2
Reconciliation of Amounts
Scurr Pension
April 28, 2004
Per Hakeem Oshikoya Memorandum dated December 27, 2002:
Amount Paid by City to date:
Buyback Amount $ 89,716.80
Annual Contribution $ 17,998.89
Total $ 107,715.69
Unfunded Amount
Total Buyback Amount
$168,773.63
Annual Contribution
$ 17,998.89
Sub Total
$186,772.52
(Amount Paid to Date)
($ 107,715.69)
Unfunded Amount
$ 79,056.83
SU ARMAN & SUSSKIND
PROFESSIONAL ASS00ATION
ATTORNEYS AT LAW
Robert A. StJg*rrt1dn4
Howard S, Susskind
David E. Rotainson
Kenneth R. Harrison, Sr.
0. Mcrrcus braswok Jr.
Qoorgre S, Aude
Charles A, Gibson
*Board Certified Labor
& employment LCl"t
January 10, 2003
Via facsimHe (305) 668 -3877 & U.S. Mail
Board of'f rustees
City of South Miami Pension Funds
c/o Jeannette Enrizo- Navarro, Duman Resources Manager
6130 Sunset —Drive
South Miami, Florida 33143
Re: Pension C.'redii for Former City Manager Chmies &urr
Dear Trustees:
2W1 Ponce De Leon 1 outavard
sui te 750
Corgi Gables, Florida 33134
(WS)S29 -2601
Breward 327.2878
Toll Free I -800-SV -2122
Facsimile (305) 447-8115
You have asi€ed our opinion nonce wing the contributions which should be made to the
South Miami Pension Plan on behalf of recently resigned City Manager Charies Scurr.
In preparing this opinion, we have reviewed the Inter Office Memorandum dated
December 27, 2002 from Finance Director Oshikoya to Acting City Manager irsxtWis, City
Commission Resolutions No. 203-98 -1440 and 198 -02- 11547, the Memorandum dated July 19,
1999 from Mayor Robaina to Finance Director Oshikoya, the Employment Agreement between
the City and Mr. Scurr dated October 4, 1994, and the provisions of the pension plan set forth in
Chapter 16, Article U of the South Sliami Code.
Resolution No. 203 -98- 10470, dated July 21, 199$, appointed Mr. Scurr as the city
m$aager and provided for a "credit in 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 suction of the
resolution and is the financial responsibility of the City," Section 2,5 of the O tuber 5, 1999
Employment Agrent also status that 11+ir. Scurr received "credit in the City retirement system,
for time employed in other governmental entities and annual contributions to the system."
zo°
Board of Trustees
City of South Miami Pension Funds
c/o Jeamiette Enrizo- Navarra, Human resources Manager
January 10, 2003
Page 2
Although Resolution No. 203-9&10470 and the F.Mployment Agreernent provide for
credited service in the South Miami Pension Plan for Mr. Scurr's other governmental service,
there is no such provision irk 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 duty to pay benefits only in accordance with the terms of the Pension Plan. Since the
Pension Pleat diet v)s provide for credited service for time spent working for other employers, it
is our opinion that the South Miand Pension Plan cannot pay a benefit to Mr. Scurr or grant hitra
credited service based upon his employment with other employers.
In order for Mr, Scum 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. Scurf, the ordinance
amendment should include answers to the following questions:
•: Is Mr. Scurr required to make employee contributions for the credited service he is
receiving for work with other governmeaml 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 in the South Miami Pension flan providing for credited service for work
with other employers? If so, those arrangements should also be included in the
ordinance.'
If the city attorrW drafts the amending ordinance, we request an opportunity to review it
before it is submitted to the Commission. If you would like us to drat} the ordinance, (a service
which is covered by our retainer), please ask the City to f o-nish us with the answers to the above
questions and we will prepare the amendment for review by the city attorney.
Before the amending ordinance can be finally adopted by the Commission, an actuarial
impact statement must be prepared by the pension Plan's actuary. Now that Mr. Scurr's
employment with the City has terattinated, the exact impact of granting this other govemm+ental
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 additions; credited service. The $89,716.80 which the city has already paid towards
that cosh (as shown in Fhmnc+e Director Oshikoya's December 27, 2002, Inter- Office
1 The an€wem to these questlons rmw be provided by the city, Since it wa the city that adopted the resolution and
was party to the mooyment watract orMr. Scup, the city can furnish us with its hdeut and dear up the
ambiguities in the two d=mwft. As tr ima of the Ponsion Plan, you are aathorind only to int prat and true
prcrvvisioft of The Pension Plan, you do not have the authority to construe or interpret ambiguous provisions of the
city's employa nt Onttacts.
EO'd
Board of Trustees
City of South Miami Pension Funds
c/o Jeannette Enrizo- Navarro, Liman Resources Manager
January 10, 2003
Page 3
Memorandum) will be avdited towards this cost, The actuary should be notified of this
contribution already made by the city so that the actuary can Prepare a funding schedule for any
balance which may be due.
Based upon the understandings and for the reasons set forth above, it is out opinion that
unless and until the Pension Flan is amended by ordinance, the Pension Plan cannot gmt
credited service to 1Vlr Scurr for his service witK "other cev ratriental :employ o nand ca ufdc pay - -. "_- -
Mr. Scur 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 Flan £car the other governn*ntal
service should be either refunded to the city or credited towards fixture required city
contributions.
0,' \SleF\O?R oPiH,xcnYM~=NMCWMbW%WLMTTuetem
tro • d d80 = sa Eo_ O t_ -_U Vr' ,
RESOLUTION NO. 203 -98 -10470
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE CITY
MANAGER, PROVIDING FOR APPOINTMENT OF CITY MANAGER;
APPOINTING CHARLES D. SCURR TO SERVE AS CITY MANAGER;
PROVIDING FOR SALARY ADJUSTMENT; PROVIDING FOR
BENEFITS; AND PROVIDING FOR AN 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 City
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 city
government; and
WHEREAS, article III, section 2 of the City Charter provides
that the City Manager shall be appointed solely on the basis of
his or her executive and administrative qualifications, shall be
qualified by experience and training in municipal government and
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 by
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; 1) A
Professional City Manager Committee. comprised of three current
full members in good standing of the International. City /County
Managers Association (ICMA); and 2) a Citizen Search Committee
comprised of five members who would be selected from among the
citizenry of the City; 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, City
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 by the 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.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Commission hereby appoints
Charles D. Scurr to serve as the City Manager for the
City of South Miami, Florida in a permanent capacity at the
pleasure of the Commission.
Section 2. Charles D. Scurr shall receive a salary
of $85,000 annually as well as insurance benefits, deferred
compensation, car allowance, 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 final
adopted City budget.
Section 3. This resolution shall take effect immediately
upon approval.
PASSED AND ADOPTED this 21St day of July 1998
ATTEST:
CITY CLERK
APPROVED:
•
COMMISSION VOTE:
READ AND APPROVED AS TO FORM: Mayor Robaina:
Vice Mayor Oliveros:
Commissioner Russell:
CITY ATTORNEY Commissioner Feliu:
Commissioner Bethel:
5 -0
Yea
Yea
Yea
Yea
Yea
rV OU2.
04
S. r
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1NCOMPOIUT90
1027
P
AL O RT9
oftf
OMA t/
JULIO ROBAINA
MAYOR
To: Hakeem Oshikoya
From: Julio Robaina (!"Dk )
6130 SUNSET DRIVE
SOUTH MIAMI, FLORIDA 33143
3051 663 -6340
FAX 663 -6348
Date: July 19, 1999
Re: Charlescurr) South Miami
Retirement System
The purpose of this memorandum is to clarify the intent of the City Commission
resolution (Resolution attached) concerning the retirement credit for the City Manager.
This is part of the compensation section of the resolution and is the financial
responsibility of the City.
CC: C. Scurr
EMPLOYMENT AGREEMENT
BETWEEN CITY OF SOUTH MIAMI AND
CHARLES D. SCURR
This Agreement, is made and entered into this 5t' day of October, 1999, between
the City of South Miami, a Florida municipal corporation, and Charles D. Scurr.
WHEREAS, the City of South Miami and Charles D. Scurr wish to continue to
employ the services of Charles D. Scurr as City Manager of the City of South Miami; and
WHEREAS, the City and City Manager desire to provide for certain procedures,
benefits, requirements and to set working conditions regarding the employment of the
City Manager by the City.
NOW, THEREFORE, in consideration of the promises, mutual covenants,
conditions, provisions and undertakings contained in this Agreement, and for other good
and valuable consideration, the receipt and suffliciency of which is acknowledged by both
parties, the parties covenant and agree with each other as follows:
1. The City Manager shall:
1.1 Duties. Continue to perform the duties .of the City Manager of the City of
South Miami in accordance with the terms conditions and provisions
contained in this Agreement, the Charter and Code of Ordinances of the
City of South Miami, and as otherwise lawfully directed by motion or
acclamation of the City Commission. -
1.2 Time Required. The City Manager recognizes the position is not and
cannot be an hourly -type employment and the City Manager shall work as
required in order to carry out his duties and responsibilities.
1.3 Outside Employment. The City Manager may engage in outside
employment so long as: 1) prior permission is received from the Mayor
and City Commission upon disclosure of the nature of the employment,
duration and the estimated number of hours per month that will be devoted
to the employment, 2) the employment does not violate the prohibition
against dual office holding and 3) the employment does not create a
potential conflict of interest or detract from the time necessary to
accomplish city work, as determined in the discretion of the City
Commission. The term "Outside Employment" shall not be construed to
mean occasional teaching, publication, pro bono activities or consulting
services performed on time off, not exceeding 5 hours a week unless
approved by the City Commission_
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 of the
City Commission and the terms and conditions of this 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 to the City Manager.
2.4 Cost of Living. COLA as approved by the City for other general
employees.
225 Retirement Benefits. Credit in the City retirement system for time
employed in other governmental entities and annual contributions to the
system.
2_6 General Expenses: The City shall pay a monthly expense allowance
equivalent to that provided for the individual members of the City
Commission.
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
termination or resignation.
2.9 Insura.nce/Medical. Pay family coverage health and dental insurance
under the city plans, long term disability insurance, and life insurance in
an amount equal to annual salary, and an annual physical.
2.101,eave. Equivalent to other City employees at senior seniority levels as
provided in the City personnel 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
the City Manager's resignation or termination.
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2.12 Equipment. Provide the equipment necessary to perform the duties of City
Manager such as cell phone, pager and radio.
2.13 Indemnification and Defense of Claims. The City shall defend, save
harmless and indemnify the City Manager against any tort, professional
liability claim or demand or any and all other legal action arising out of an
alleged.. act or omission occurring in the performance of the City
Manager's duties. The City will litigate, compromise or settle any such
claim or suit and pay the amount of any settlement or judgement rendered
thereon. The City, or its insurance carrier, will provide legal
representation for the City Manager, suitable to the City Manager, for any
and all claims, proceedings or lawsuits related to or arising out of the City
Manager's affiliation with the City. This indemnification provision shall
survive the termination of this Agreement.
2.14 Bonds. Pay for any cost of bonds required pursuant to law, ordinance or
Charter.
3. Termination. The City Manager shall serve at the pleasure of the City
Commission as defined by the City Charter. Nothing in this Agreement shall
prevent, limit or otherwise interfere with the absolute right of a majority of the
full City Commission to terminate the services of the City Manager at any
time, with or without cause, and without prior notice, in accordance with
Article III, Section 3 of the City's Charter, subject only to the provisions set
forth in Section 4 of this Agreement. In the event the City Manager voluntarily
resigns his position with the City, then the City Manager shall give the ,City
Commission 60 -days written notice, in advance, unless the parties agree to
waive such notice requirement. Termination for cause shall mean termination
for the same grounds as would result in the forfeiture of office by a
Commissioner under Article II, Section 4.A. of the City Charter.
4. Severance Terms and Conditions. Severance pay, as authorized by the Charter,
shall not be payable in the event of a voluntary resignation or termination for
cause. In the event the City Manager is terminated without cause by a majority
of the full City Commission, or the City Manager resigns following a
suggestion made in writing or at a public meeting or workshop by any two
members of the Commission that he resign, or the City Commission suspends
the City Manager without cause for more than 90 days, in which events the
City Manager may at his option be deemed terminated without cause, the City
shall pay the City Manager an amount equal 30 -days of the City Manager's
salary and accrued benefits. Any payments due to the City Manager for
severance, accrued leave or other obligations shall be paid in cash in full within
30 days of resignation or termination.
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5. Suspension. The City Commission 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 a public hearing on
the charges.
6. Term. The term of this Agreement shall be a three (3) year term commencing
October 1, 1999 and ending September 30, 2002.
7. Contract 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 each year 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 prevision of this Agreement' is declared by a
court of competent jurisdiction to be inva id, the declaration shall not affect the
validity of the Agreement as a whole, or any % a!� of the Agreement, other than
.the part declared to be invalid.
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 of the State of Florida.
11. No Waiver. The waiver by either party of a 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
C
benefits of the City Manager in a greater percentage than an applicable across-
the-board reduction for all City employees, or in the event the Commission
refuses, following written notice, to comply with any other provision
benefiting the City Manager, then in that event the City Manager may at his
option, be deemed to be terminated within the terms outlined in Section 3 and
4 above, at the date of the reduction or the refusal, and the severance pay
provision and other termination provisions shall become applicable at the
annual salary and benefit level in effect prior to the reduction or refusal.
14. Florida Law. This Agreement shall be governed by Florida law and any
litigation which may arise under, or relating to this Agreement shall be filed
and litigated in the state circuit court in. Miami -Dade County, Florida.
Litigation shall not be initiated in any federal district court, nor shall any parry
assert in any proceeding that this employment contract creates a federally
protected property right in employment.
15. Waiver of Right to Jury Trial. The parties knowingly waive their right to a
,jury trial in any legal action arising under, or relating to, this Agreement.
16. Effective Date. This Agreement shall become effective on the date of approvPl
by resolution, of the City Commission.
IN WITNESS W11ER.!:nF, the City of South Miami has caused this Agreement to
be signed and executed on its beha'f by its Mayor and duly attested by its City Clerk, and
Charles D. Scurr has signed and execut °d this Agreement the day and year first above
written.
Attest:
City.Clerk
Approved as to for and
Legal sufficiency:
City Attorney
City of South Miami
By
Julio Robaina, Mayor
City Manager
Charles D. Scurr
5
RESOLUTION NO. 198-02-11547
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO
THE CITY MANAGER; ACCEPTING THE RESIGNATION OF
CHARLES D. SCURR AND AUTHORIZING SEVERANCE
PAYMENT; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Charles D. Scurr was appointed by the Mayor and City
Commission of the City of South Miami to serve as its city manager and Mr. Scurr
has 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;
and
WFIEREAS, the Mayor and City Commission accept his resignation upon
the terms and conditions stated in this resolution.
NOW THE FORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA;
Section 1. The resignatio: of Mr. Charles D. Scan- as city manager of
the City of South Miami is accepted. 11 a resignation. shall be effective 60 days
from December 17, 2002; provided, however, in the event the city commission
appoints a permanent city manager during that 60 -d -gy period of time, the
resignation shall be effective upon the date of the appointment. lair. Scurr shall be
on leave following this commission meeting to the effective date of his
resignation. Regardless whether a city manager is appointed during the 60 -day
period, Mr. Scurr shall receive salary and benefits as follows: (1) he will. receive
full payment of salary and benefits during the first 30 days; and (2) payment shall
be made for the second 30 days provided that he has not commenced employment
elsewhere. In the event Mr. Scurr accepts other employment he shall be paid to
the date of employment.
Section 2. This resolution shall take effect immediately upon approval.
Additions shown byunderlinin and deletions shown by °veFAr -i�;zD
Res,. ' No. 198-02-11547
PASSED AND ADOPTED this 17th day of December, 2002.
ATTEST APPROVED:
A..-,,# 'f& , -4 -�L
I Y CLERK MAYOR
COMMISSION VOTE: COMMISSION VOTE: 5 -0
READ AND APPROVED AS TO FORM: Mayor Feliu: Ye@L
Vice Mayor Russell: Yea
Commissioner Wiscombe: Yea
CITY ATTORNEY Commissioner Bethel: Yea
Commissioner McCrea: Yea
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