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Home My WebLink AboutReso 1997-0005 ...' RESOLUTION NO. 97-5 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA APPROVING APPOINTMENT OF CITY ATTORNEY AND NECESSARY SUPPORT STAFF AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Commission for the City of Sunny Isles Beach requires the immediate services of a city attorney and support staff, and WHEREAS, the Mayor of the City of Sunny Isles Beach has nominated Lynn M. Dannheisser, Esq. KNOW THEREFORE, IT RESOLVED BY THE COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, as follows: 1. Lynn M. Dannheisser, Esq. be and hereby is appointed city attorney with a compensation of $100,000 per year plus retirement benefits and such other benefits that may be eventually accorded all other city employees and on such other nonmonetary terms as may negotiated by the Mayor. 2. Lynn M. Dannheisser, Esq. is hereby authorized to hire a paralegal/secretary upon terms and conditions that are competetive with other municipalities in order to create the law department for the City. Attest: . ... ":. --.. ", .... ., '. ~ ,:'""~ ,t. ~-:'l i }'-x.:.--.. ..~ '....:, '. \ () . .,~,:- , .. , f .-- i \ "-'" . . MIAMI:F:\DOCS\LMD\RE\64277.1:8/13m(1i:~p~)'I.., :: 'l.. . " ....,... ~ ..... .' ~. ;~.I' " - Approved As to Form and Legal Sufficiency ~ City Attorney I. r _ ..t Second by: Vlel (1AY{)~ IUJlETS!:Y r!..OMM ,1710 /<. .eovJ , Moved by: VOTE AS FOLLOWS: y{.S /V} A '/0 jL $f"Y150rJ Yc~ UICGfJ1.AYO~ ll-u<E-rSKY Yes. L.u/J1fV1l'55/o/VEtC- IGLESIAS yes C u /Vll'h 15 $1 () rJ i,<.-~ ~ I.A r= /h. A ;J YeS c... d t'J-? rJ11 SS I o,J€ rt- fYJu!<-fL 0 vJ MIAMI:F:\DOCS\LMD\RE\64277.1 :8/13/97 (l2:42pm) .Vov 19 97 10:10F L.,-,n M. Oannheisser L fAA' al. DAA :NHEISSER, ESQ. 11501 S. W. 69TH COURT PL•VECREST, FLORIDA 33156 August S. 1997 The Honorable Mayor David Samson City of Sunny Isles Beach, Florida 251 174th Street, "41704 Suanv Islas Beach, Florida 33160 Dear Mayor Samson: 130'i 665 -4727 Ill accordance with Resolution No. 97 -5 appointing the undersigned as City Attorney, this letter will set forth our understanding with respect to the specific terms of that employment I• Compensation: As set forth on the Resolution, the compensation shall be $100,000 per year (plus benefits as set forh below that may be eventually accorded all other City employees) and it shall be payable in accordance with the regularly scheduled method of compensation instituted for other city employees. It is understood and agreed that all work to be accomplished as City Attorney shall be performed on three designated days per week, preferably Mondays, Tuesdays and Thursdays. It is understood, however, that should a legal emergency arise, it will be attended to as necessary are without regard to the designated days. I will be present at the City of Sunny Isles Beach on the days designated at such time there are offices available. II. Paralegal /Secretary: I would like to propose the Citv's hiring of Cecile Hayles to fulfill the positions of both paralegal /secretary at a compensation rate of $31,000 plus such benefits as may be eventually accorded all other City employees, including health and retirement benefits. Her work shall also be performed on a three day a week basis, however, one of those days may be on a day that I will not be present in order to create additional coverage. Until such time as there is staff, Ms. Hayle, or such other person as we may designate if ivls. Hayte does not accept this employment, shall be available to provide secretarial support, as necessary and as possible, to the Mayor and members of the City Commission. This position shall become effective the day after Labor Day, 1997. �1av 15 S7 !C: too ty�n P!. Da.nnneisser (3C-1 6SS -4727 P•3 III• Term of Employment: :fly employment shall commence on August S. 1997, and in accordance with the Chatter, shall serve at the pleasure of the City of Sunny Isles Beach Commission. IV• Retirement Benefits: At such time as the City Manager is employed, the City shall take all actions recessary to enroll the City in a retirement plan in u;hich the undersigned shall participate. The retirement contribution shall be made in payments coinciding with each salary payment to the undersigned. In the event a retirement plan is unavailable, for any reason, the City shall contribute to all IRA or other retirement plan to be established by me in the amount of 1090 of my compensation, with payments coinciding with each salary payment to the undersigned. V. Professional Dues: The City shall budget and pay for all reasonable and customary professional dues and subscriptions necessary for the City Attorney's continuation and full participation in state and local associations and organizations necessary and desirable for the City Attorney's continued Professional growth and advancement and for the good of the City. This shall include, but not be limited to, membership in the Florida Bar, American Bar Association and Dade County Bar Association. VI. Other Benefits: The City shall provide and make required premium payments to maintain current levels of a disability coverage policy, hospitalization, major medical, dental, and /or such other benefits as may eventually accorded the Ciry Manager or other department heads. VIL Vacation: For the period August 7, 1997 through August 7, 1993• the undersigned shall be credited duce weeks vacation and twelve days of sick leave at the time of the execution of this agreement. Thereafter, the City shall accord the City Attorney with the same holidays, vacations, sick and other leaves, benefits and accrual as would be accorded the City r`Ianager and depanment head of the City. VIII. Expenses: The undersigned shall receive reimbursement for reasonable and documented out -of- pocket expenses incurred by me on City business. Lk. Liability Insurance: The City shall provide whatever professional liability insurance is available and necessary for the undersigned and the law department. NOV 19 97 t0:11c L7•n •n M. Cannneisser (3i1QI SSS -4727 F.< S. Creation of Law Department,. It is my goal to provide effective legal counsel and representation in all general matters affecting the City. including but not limited to, creation of an inter] a] agreement with Dade County, arista ce in securing all sources of revenues due the City, contracts, legal opinions, ordinances and general legal advice and counsel for the Commission, the t7actt and al] department heads. However, it must be understood that outside counsel must be retained al City Manager for most litigation matters, labor law issues and specialized e there may be other issues which arise in which I believe the C yt's besttinteres[ ail! b addition, by the retention of outside counsel. In those specific situations, I will attempt to stay within the budget as eventually established by the Commission and the City Manager and, in the event that retention of outside counsel would exceed that budget, I will seek the prior consent of the Mayor and /or the Commission. I believe the foregoing addresses all issues to be mutually considered. I am truly honored by and appreciate the opportunity to serve as the City's first City A[[orney. t look forward to working with you and every Commission to provide the best possible legal services for the newly incorporated City of Sunny Isles. If you are in agreement with the terms set forth !n this letter, please place your signature below. Yours truly, y . Dannheisser Acknowledged and Agreed to this 8th day of August, 1997. CITY OF SUNjNY ISLES BY ayor cc: The Honorable Commissioner Lila Kaufman The Honorable Commissioner Lrving Turetsky The Honorable Commissioner Daniel Iglesias The Honorable Commissioner Connie bforrow