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HomeMy WebLinkAboutReso 2019-2923 RESOLUTION NO. 2019- Z� 23 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,ELIMINATING BY MARCH 31 THE CITY'S IN HOUSE LEGAL DEPARTMENT IN TANDEM WITH ISSUANCE OF RFP 19-02-01 SOLICITING PROPOSALS FROM OUTSIDE LAW FIRMS BY MARCH 4TH; PROVIDING THE MAYOR AND CITY MANAGER WITH THE AUTHORITY TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION INCLUDING THE RETENTION OF LEGAL COUNSEL TO ASSIST IN SAME; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, former City Attorney, Hans Ottinot, had announced his separation from the City, effective February 7th; and WHEREAS, on January 17, 2019,the City Commission accepted his separation and, after discussion, indicated the Commission's desire to select and appoint an outside law firm as the new City Attorney; and WHEREAS, the City, in need of interim legal services and legal advice pending the appointment of a new City Attorney, by Resolution 2019-2910 appointed Julia Grachova Interim City Attorney and Lotoya Brown Interim Deputy City Attorney; and WHEREAS, the City then issued RFP 19-02-01 for Legal Services and responses are due by March 4, 2019. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,FLORIDA, AS FOLLOWS: Section 1. Incorporation of Recitals. All recitals set forth herein are incorporated into this resolution. Section 2. Elimination of the In House Legal Services of the City. The City Commission hereby eliminates the In House Legal Department to be accomplished no later than March 31. All amounts of compensation time,vacation,and sick leave due to employees of this Department shall be furnished in accordance with the personnel policies and procedures already adopted and established by the City. Section 3. Authorization of Mayor and City Manager. The Mayor and City Manager are hereby authorized to do all things necessary to effectuate the terms of this Resolution, including but not limited to, both an after-the-fact ratification of retention of outside legal counsel for this transition and continuing retention of same through selection of the new City Attorney. Section 4. Effective Date. This Resolution will be become effective upon adoption. Page 1 of 2 Reso opposing SB 246 and HB 101 PASSED and ADOPTED this 21st day of Februar 2019. Geor?°- H. Scholl, Mayor ATTE.' • 11,1 fr Mauri *o Betanc i r, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 44Limet_ d 'X.10e;. J ity Attorney bIwa(( A-• Dh'sy% + ,�rYA Moved by: \v I Cc t oQ— �VEC (\/ Seconded by: Cf 3(0IEg itSCAlGP.<F- Vote: Mayor Scholl ✓ (Yes) _ (No) Vice Mayor Svechin (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama Yes) (No) Commissioner Viscarra V (Yes) (No) Page 2 of 2 Reso opposing SB 246 and HB 101 SUNNY �Jir City of Sunny Isles Beach L A /' 1;� 18070 Collins Avenue I Sunny Isles Beach, Florida 33160 si . A9)."-i4.--4;1,0' 46 (305)947-0606 City Hall c'r►p, sir.�` (305)949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: George"Bud" Scholl, Mayor DATE: 2/21/2019 RE: Elimination of In-House Legal Department RECOMMENDATION: The attached resolution is presented for your approval. REASONS: After receiving a letter dated January 4, 2019 from our former City Attorney of his desire to leave the City, two workshops were held on January 11, 2019 and January 16, 2019 to consider the options on how best to meet the future legal needs of the City. During the workshops, one of the options considered was selection of an outside law firm to serve in the position of City Attorney, which is permitted by the City's charter. On January 17th at its monthly Commission meeting, a majority of the City Commission voted to select and appoint an outside law firm as the new City Attorney.A Request for Proposal (RFP)was prepared to solicit Legal Services and subsequently issued on February 4th,with responses from law firms due March 4th. It is our goal to have new counsel selected and in place by March 31, 2019. Given that the City Attorney is a charter position, through this resolution, I am now seeking the Commission's official elimination of the in house legal department no later than March 31, and to do whatever is necessary to accomplish this. In that regard and as you recall, all the events surrounding this matter were unexpected and this created an immediate need for outside legal counsel and advice. Lynn M. Dannheisser, our current COMP consultant, was also our founding City Attorney and she has had over 35 years of experience as a city 199 attorney. Due to the immediacy of the circumstances, her familiarity with the City, its personnel, and the events surrounding this transition, I asked her to assist with, among other issues created by the separation, the preparation of the RFP for new legal counsel and to provide 'Nu) additional support to our interim City Attorney and interim Deputy City Attorney. We will need her continuing assistance, along with labor counsel,to proceed with what we hope will be a seamless transition. I appreciate the stellar manner in which this transition is being conducted by this Commission and our staff. ATTACHMENTS: Description Resolution Item Number: 10.M. `qui) 200