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06-08-04 Item 16CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM To: Honorable Mayor, Vice Mayor and City Commission From: Maria V. Davis j City Manager REQUEST Date: June 8, 2004 South Miami All- AmericaClly zoos Subject: Agenda Item # 6 Commission Meeting 06/08/04 Re: Attorney for Scurr Matter A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH FOR LEGAL SERVICES TO PROVIDE AN OPINION IN THE MATTER OF FORMER CITY MANAGER CHARLES SCURR'S PENSION; PROVIDING FOR EFFECTIVE DATE BACKGROUND AND ANALYSIS The City Commission at their 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 Scurf concerning his pension and the crediting for past government service. We have received three separate opinions to date, all recommending settlement or payment of the pension provisions, and the Commission has expressed a desire to obtain another opinion from a pension specialist with no ties to either the City or Mr. Scurr. RECOMMENDATION Your denial of the resolution is recommended. 1 2 RESOLUTION NO. 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY 5 OF SOUTH MIAMI, FLORIDA AUTHORIZING THE CITY MANAGER TO 6 ENTER INTO A CONTRACT WITH FOR 7 LEGAL SERVICES TO PROVIDE AN OPINION IN THE MATTER OF 8 FORMER CITY MANAGER CHARLES SCURR'S PENSION; PROVIDING 9 FOR EFFECTIVE DATE 10 11 WHEREAS, the Mayor and City Commission requested that the City Manager contract with an 12 impartial attorney to provide advice in the matter of former City Manager Charles Scurr's pension buyback; 13 and 14 15 WHEREAS, several recommendations have been received and background information has been 16 obtained from those attorneys interested in working with the City on this single matter; and 17 18 WHEREAS, the background and qualifications of those who responded have been reviewed by the 19 Mayor and Commission in order to ascertain the best qualified attorney to address the City's best interests. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 22 THE CITY OF SOUTH MIAMI, FLORIDA: 23 24 SECTION 1. That the City Manager is authorized to contract with 25 to perform an in -depth analysis of the relevant documents, laws and records pertaining to the legality and/or 26 the enforceability of the contract and/or any agreements made between Mr. Scurr and the City of South Miami 27 in regard to his pension and/or the crediting of his time in former government service. 28 29 SECTION 2. That this Resolution shall take effect immediately upon approval. 30 31 PASSED AND ADOPTED THIS DAY OF 12004. 32 33 ATTEST: APPROVED: 34 35 36 37 CITY CLERK MAYOR 38 39 40 41 42 43 44 READ AND APPROVED AS TO FORM CITY ATTORNEY Commission Vote: Mayor Russell: Vice Mayor Palmer: Commissioner Wiscombe: Commissioner Birts- Cooper: Commissioner Sherar: MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared SOOKIE WILLIAMS, who on oath says that he or she is the VICE PRESIDENT, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - CITY COMMISSION MEETING - 6/8/2004 ORDINANCE AMENDING ORDINANCE NO. 15 -02 -1783, ETC. in the XXXX Court, was published in said newspaper in the issues of 05/28/2004 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County;. Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any ' unt, rebate, commission or refund for the purpose of ecu ng this advertisement for publication in the said n s per: Sworn to a /subs bed before me is 28 da of D. 4 (SEAL) / / SOOKIE WILLIAMS personally known to me JANIE iT 9.I: i3P"�?tr1 '* MY commu3510tj,# t7[3 307105 EXPIAR: June 23, 2008 ,�y� E�vnde;l7htu �atary Pabli� Ur1��tnvriters EN SUBJECT: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM Mayor, Vice Mayor and Commission Maria V. Davis, City Manager Attorneys Recommendations for Scurr Matter DATE: June 1, 2004 South Miami All- America City 2001 Upon the Commission's request, we have solicited a number of recommendations for Attorneys specializing in pension matters with an eye toward reviewing the documentation in the Charles Scurr matter. We received a total of seven names from our Benefits USA (our pension administrators), the Florida League of Cities and a couple of financial firms. Out of those seven, only three were both well qualified and interested enough in working with the City to send us background information. That information is attached. 5/26/2004 3:01 PM FROM: Fax Jonathan H. Green Associates, P.A. TO: 305 663 -6345 PAGE: 001 OF 002 LAW OFFICES JONATHAN H. GREEN & ASSOCIATES, P.A. 799 BRICKELL PLAZA SUITE 700 MIAMI, FLORIDA 33131 TELEPHONE: (305) 372 -5100 - TELEFAX: (305) 372 -9600 JONATHAN H. GREEN JAIME D. STEIN JHG @JHGLAW.COM JDS@JHGLAW.COM TELECOPIER TRANSMITTAL COVER SHEET To: Mr. Charles Blazek Re: Pages: Fax #: From: Date /Time -I 2 305 663 -6345 Jonathan H. Green 512612004 3:01:54 PM ADDITIONAL COMMENTS Charles attached please find my Bio. If you require any additional information or have any questions please do not hesitate to call. Thank you for your consideration. CONFIDENTIALITYNOTE The information contained in this facsimile message is legally priviledged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this facsimile r 5/26/2004 3:01 PM FROM: Fax Jonathan H. Green _Associates, P.A. TO: 305 663 -6345 PAGE: 002 OF 002 JONATHAN H. GREEN, has been a practicing attorney in South Florida for 15 years, rated "a v" by his peers as published in the Martindale- Hubbell Law Directory. Mr. Green is a past president and member of the South Florida Employee Benefits Council, a member of the Greater Miami Tax Institute and the Estate Planning Council of Miami. Mr. Green was General Counsel to Wolper Ross Ingham & Co., an employee benefits firm with over 5,000 clients. In. addition, Mr. Green was associated with the Florida law firm of Fine Jacobson Schwartz Nash Block and England, P.A. Mr Green is a former adjunct professor with the University of Miami School of Law teaching Taxation of Deferred Compensation in the Masters Program of Taxation. Mr. Green received his LL.M. in Taxation from the University of Miami School of Law in 1982. Mr. Green has also lectured and written extensively in the area of employee benefit plans and estate planning. LAW OFFICES JONATHAN H. GREEN, P.A. FAX TRANSMISSION Ronald J. Cohen, P.A. Andrew Jackson Building 8100 Oak Lane - Suite 403 Miami Lakes, Florida 33016 DADE: (305) 823 -1212 BROWARD: (954) 922 -1446 FACSIMILE: (305) 823 -7778 To: Mr. Blazek PIO /Assistant to the City Manager Fax No. 305.663.6345 Date: May 27, 2004 From: Ronald 1. Cohen RONALD ]. COHEN, P.A. Pages: -5 (including cover sheet) Hard copy to follow Hard copy will not follow COMMENTS: Please see attached IF YOU DO NOT RECEIVE ALL THE PAGES OR IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL (305) 823 -1212 IN DADE AND (954) 922 -1446 IN BROWARD, IMMEDIATELY. The information contained in this transmission is attorney- client privileged and confidential. It is intended ONLY for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone by collect call and return the original message to us at the above address via the U.S. Postal Service. We will reimburse you for postage. Thank you. Document8 PCONAT -D i. CoimEN, P.A- ATTORNEYS AT LAW May 27, 2004 VIA FACSIMILF,: 305 663 -6318 Charles Blazek PIO /Assistant to the City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Public Pension Attorney for Single Project Dear Mr. Blazek: ANDREW JACKSON BUILDING 8100 OAK LANE. SUITE 403 MIAMI LAKES, FLORIDA 33016 DADE: (305)1523-12[Z BROWARD: (954) 922 -1446 FACSIMILE: (305) 823 -7778 Thank you for asking me to submit my biographical information in connection with the selection of a public pension attorney to perform services for the City of South Miami on a single project. It is enclosed. You may be interested in knowing that I recently completed a complex single project for the Tampa Police and Fire Pension Board concerning an issue involving a matter in which over $209 million is at issue. Very truly yours, Ronald Cohen RJC:sag Attachment P : \Documents\RON\Proposals\south miami 2004\Blazek Itr.doc Firm Qualifications Ronald J. Cohen, P.A., is a professional association. It is engaged exclusively in the practice of law, specializing in public pension law, labor and employment law, fiduciary duties, employee rights and benefits, and governmental law and litigation. The law firm includes a highly experienced attorney, a paralegal, a law clerk and two additional support personnel. Mr. Cohen started the firm in 1997, after practicing public pension law in different firms prior to that. The firm's success is a direct result of its overall commitment to providing high quality legal services to its clients and its extensive litigation and trial experience. The firm has a significant client base. Public pension law constitutes a major portion of the firm's work and is a major focus of Mr. Cohen's practice. Contact Information Ronald J. Cohen Ronald J. Cohen, P.A. Andrew Jackson Building 8100 Oak Lane, Suite 403 Miami Lakes, Florida 33016 Telephone: (305) 823 -1212 Facsimile: (305) 823 -7778 Email: rcohen @roncohenlaw.com Florida Bar Number: 235504 Due to its continuing involvement in public pension and employee benefit matters, the firm has a far reaching research base on subjects that arise in the area and which can be accessed on a regular basis. Firm Member Performing Services Ronald J. Cohen has been engaged in the practice of law for approximately twenty -seven years, being admitted to the bar in 1977. Mr. Cohen has attained the AV rating in the Martindale- Hubbell Law Directory, signifying that he is considered Ronald J. Cohen P.A. Firm Qualifications Page 2 by his peers to be preeminent in his field and of the highest ethical standards. He is also a member of Who's Who in American Law and Who's Who In The World. Mr_ Cohen has been certified by the Florida Bar Board of Legal Specialization and Education as a specialist in Labor and Employment Law. This signifies that he is considered an expert in the field, and has passed an extensive peer review, including review by arbitrators and judges. Mr. Cohen received his Bachelor of Arts degree, Cum Laude, in 1973 from University of Florida, and his Juris Doctor in 1976 from the University of Miami. He is admitted to the Florida Bar, the Montana Bar, the Bars of the United States District Court for the Southern District of Florida, the United States District Court for the Middle District of Florida, the United States Court of Appeals for the Eleventh Circuit, and the United States Court of Appeals for the Fifth Circuit. Additionally, Mr. Cohen is a member of the American Bar Association, including sections on Labor and Employment Law and Litigation, and the Florida Bar's Sections on Labor and Employment Law and Local Government Law. Ronald Cohen has been practicing law in the- areas of public pension, labor law and local governmental law since 1979. He is a former Assistant City Attorney for the City of Miami, where he served as counsel to the City's Retirement Systems. While employed as an Assistant City Attorney, Mr. Cohen gained experience in municipal law, including public records and open meetings laws. In 1983, Mr. Cohen started private practice with the prestigious commercial law firm of Paul, Landy, Beiley and Harper, P.A. Mr. Cohen worked in the litigation section, litigating all types of business disputes, including disputes involving contract formation and interpretation, securities law Ronald J. Cohen P.A. Firm Qualifications Page 3 violations, and fiduciary rights and responsibilities. The governmental and business law experience has provided Mr. Cohen with an excellent foundation for the merger of business and government, which is the hallmark of a public pension system. Since 1987, Mr. Cohen has devoted his practice to employee benefits, employee rights, and fiduciary responsibility. Ronald Cohen serves as general counsel to numerous public pension funds. Mr. Cohen is also the General Counsel of the Florida Public Pension Trustees Association ( "FPPTA "), a not- for - profit association dedicated to the education of Florida public pension trustees. Mr. Cohen is certified by the FPPTA as a Certified Public Pension Trustee. Mr. Cohen regularly lectures on subjects such as Deferred Retirement Option Plans ( "DROP "), Chapters 185 and Chapters 112, Part VII, Florida Statutes, disability law, and fiduciary responsibility and has lectured for several national organizations, such as the Institute for International Research, Information Management Network and the International Research Group. P: \Documents \RON \Proposals\south miami 2004 \Firm Qualifications.doc 95/28/2004 16:56 9413774848 CHRISTIANSEN DEHNER PAGE 01 SCOTT R. CMSMNSEN H. LEI, DAR LAW OFFICES CHRISTIANSEN & D EHNER, P.A. 63 Sarasota Center Boulevard Suite 107 Sarasota, Florida 34240 TELECOPY (FAX) COVER LETTER DATE: PLEASE DELIVER IMMEDIATELY TO: C #A`ue-5� Fax Number: 6 � 3 " (a �;S� cc: FROM: Scott R. Christiansen Christiansen & Dehner, P.A. 63 Sarasota Center Boulevard, Suite 107 Sarasota, FL 34240 Dear 4w4cfi 6-'7 Bvv- i 7310 PHONE: (941) 377 -2200 FAx: (941) 377 -4848 :� f IF THERE ARE ANY PROBLEMS RECEIVING, PLEASE CALL BACK AS SOON AS POSSIBLE. OUR PRIMARY TELEPHONE NUMBER IS (941) 377 -2200 AND OUR TELECOPY (FAX) NUTNMER IS (941) 377 -4848. THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS INTENDED ONLY FOB THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY - CLIENT COMMUNICATION; AND AS SUCH, IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOTTHE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR,. AND THAT ANY REVIEW, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US BY MAIL. THANK YOU. Sept by: IW6, Date: .% °r� Time: TOTAL NUMBER OF PAGES (including this Page): - F9/28/2004 16:56 9413774848 CHRISTIANSEN DEHNER PAGE 02 CHRISTIANSEN & DEONER, P.A. The firm has represented local government pension funds in the State of Florida since 1979 and primarily limits its practice to such representation. Over 150 funds are represented in 95 cities and districts. Advice and. representation is provided in all areas of law applicable to public retirement funds including, but not limited to, fiduciary responsibilities, liabilities, administrative hearings and procedures, tax issues, disabilities, forfeitures, benefits, plan design, filing requirements, drafting of all plan documents (including ordinances and all documents required for legal and prudent plan administration and compliance with all applicable state and federal laws). Our firm strives to avoid problems which might lead to litigation and we have been very successful in doing so. We do prefer to seek amicable solutions to such conflicts, but we recognize that sometimes litigation cannot be avoided. Our firm does not, however, handle litigation. SCOTT R. C14RISTIANSEN Scott R. Christiansen was born in Brooklyn, New York on November 9, 1948. Mr. Christiansen graduated from the University of South Florida with a Bachelor of Arts Degree in 1970 and from the University of Florida College of Law with a Juris Doctorate Degree in 1973. He was admitted to the Florida Bar in 1973, the U.S. Court of Military Appeals in 1974, the U.S. District Court for the Muddle District of Florida in 1978 and the U.S. Supreme Court in 1989. Mr. Christiansen served in the Judge Advocate Generals' Corps of the United States ,Army from 1973 until 1978. Mr. Christiansen served as Town Attorney for the Town of Longboat Key, Florida from 1981 through 1990. He served as a member of the Florida Bar Grievance Committee for the Twelfth Judicial Circuit from 1986 to 1991. He is currently a member of the Sarasota County Bar Association, the Florida Bar Association and its Local Government Law, Administrative Law and Labor and Employment Law Sections and the American Bar Association. Mr. Christiansen is also a member of the National Association of Public Pension Attorneys and the Florida Public Pension Trustees' Association. Currently, Mr. Christiansen's practice is heavily weighted in the area of municipal employee pension benefit plans. He has represented public pension plans for over 13 years. He has drafted numerous employee benefit plan documents for police, fire and general employee pension trust funds. H. LEE DEHNER H. Lee Dehner was born in Darby, Pennsylvania on September 9, 1952. Mr. Dehner graduated from Ohio University with a B.B.A. degree, summa cum laude, in 1974 and from Stetson University College of Law with a Juris Doctor Degree, cum laude, in 1977. He was admitted to the Florida Bar in 1977 and the U.S. District Courts for the Middle and Southern Districts in Florida in 1978. Mr. Dehner has been a regular speaker at pension conferences and trustee schools sponsored by the Florida Public Pension Trustees' Association, the State of Florida Department of Insurance and Florida State University for over 20 years. He has been active in legislative matters concerning Florida municipal pension plans through committee membership, drafting of proposed statutory amendments and testimony before committees of the State House of Representatives and Senate. In addition, he has written articles appearing in various publications on pension related issues. Mr. Dehner is a member of the National Association of Public Pension Attorneys and an elected member of Who's Who in Practicing Attorneys. He is also a member of the Florida Public Pension Trustees' Association, the American Bar Association, the Sarasota County Bar Association, the Florida Bar Association and its Labor and Employment Law, Local Government Law, Real Property and Trust Law, Tax Law and Administrative Law sections. Mr. Dehner has represented public pension plans for over 24 years.