HomeMy WebLinkAboutReso 2002-414
RESOLUTION NO. 2002-~
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, REQUESTING A RECLASSIFICATION OF
POSITION, FOR HANS OTTINOT, FROM ASSISTANT CITY ATTORNEY
TO DEPUTY CITY ATTORNEY; REQUESTING A THREE-MONTH
SEVERANCE PACKAGE UPON LAY-OFF OR TERMINATION BY THE
CITY; DIRECTING THE CITY MANAGER TO INCLUDE THIS
RESOLUTION IN THE EMPLOYEE'S PERSONNEL RECORDS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Hans Ottinot was employed as Assistant City Attorney on February 20,
2000, and has performed admirably since that time, receiving special recognition ofthe Police
Department; and
WHEREAS, Hans Ottinot has become an invaluable assistant to the City Attorney in all
areas of practice including, but not limited to, all litigation, police matters (including forfeitures),
labor and employment matters, telecommunications issues, contractual matters and research
projects; and
WHEREAS, Mr. Ottinot is not an assistant, in the classic sense of the word, inasmuch as
he covers as many areas of legal practice as does the City Attorney, as opposed to only one area
of specialty and, therefore, merits the title of Deputy City Attorney; and
WHEREAS, his position is more elevated than any Department Director who, under the
City's personnel manual, receives a three-month severance for any lay-off or termination under
Rule 8.1 of the Employees' Policy and Procedures Manual;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
1. Appointment of Deputy City Attorney. Hans Ottinot, Esquire, is hereby appointed
Deputy City Attorney under the auspices of the City Attorney's Office.
2. Severance Benefits. The Deputy City Attorney shall receive three-month's severance
payment in the event of any lay-off or termination, in accordance with Rule 8.1 of the
Employees' Policy and Procedures Manual of May, 2000, but not in the event of
voluntary resignation.
3. Directive to City Manager. The City Manager is hereby directed to include a copy of this
approved Resolution and attachments in the employee's personnel records.
4. Effective Date. This Resolution shall become effective upon adoption.
Deputy City Attorney Appointment
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PASSED AND ADOPTED this 1 ih day of January, 2
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" Riqhard Brown-M~rilla, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
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L ~ Dannheisser, City Attorney
Moved by:
Second by:
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VOTE: S-o
Mayor Samson
Vice Mayor Iglesias
Commissioner Edelcup
Commissioner Goodman
Commissioner Kauffman
yes Vno_
yes vno_
yes Vno_
yes~no_
yes~o_
Deputy City Attorney Appointment
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MEMORANDUM
To: Lynn Danheiser, City Attorney Date: October 1'5;
From: red Maas, Chief
Subject: Commendation
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I must advise you of the outstanding relationship and admiration our agency has
developed in working with your assistant, Hans Otinot.
Over the past year, Hans has demonstrated a work ethic and demeanor that has
impressed all of us. His dedication to and interest in the police department in areas
of legal advice, forfeiture, resolution and general counsel has been tremendous.
He is likeable and easy to work with and has even developed a police sense of
humor that he shares with us as is evidenced by the attached. He has won several
forfeiture issues that even before the hearings we felt were tentative at best; but he
won.
Personally, I have enjoyed my dealings with him and he continues to be available to
our meetings, requests and needs. I just felt you needed to hear how we hold him in
such esteem.
Recently, we had a divisional meeting, regarding forfeiture proceedings, paperwork,
pitfalls and related issues. We came away with a great feeling of accomplishment
and the direction on both sides was inspiring. I ask that you have a copy of this
placed in Hans' personnel file as it is certainly warranted.
C: Chris Russo, City Manager
CAMy Documents \Chief Maas\Memo Commendations Hans.doc
CITY OF SUNNY ISLES BEACH
Job Description
Job Title: Deputy City Attorney
Department: Office of the City Attorney
Shift: Varied
FLSA Status: Exempt
Reports To: City Attorney
Approved By:
Approved Date:
SUMMARY: Assist the City Attorney in providing effective legal counsel and representation in all
general matters affecting the City.
Job Description: The Deputy City Attorney assists the City Attorney in serving as legal advisor to
the City Commission. Assists the City Attorney in providing legal advice to the City Manager, the
City Departments and their staff, and appointed boards. Prepares and approves proposed
ordinances, resolutions, bid documents and contracts to be considered by the City Commission.
The Deputy City Attorney through the City Attorney renders legal opinions to the City Commission,
the City Manager and the City staff and appointive boards on municipal government matters,
including the interpretation of the City Charter, statutes, ordinances and other regulatory matters
and cases. The Deputy City Attorney also represents the City or supervises the representation of the
City by outside counsel in certain litigation matters. In addition, the Deputy City Attorney represents
the Police Department in cases involving Contraband Forfeiture Act. Prepares all pleadings, appears
and argues all motions and conducts discovery in forfeiture cases, and conducts trials and prepares
post -trial motions and appellate briefs.
Supervisory Responsibilities: Through the City Attorney directly supervises two employees in the
Office of the City Attorney. Carries out supervisory responsibilities in accordance with the Office
of the City Attorney's organizational policies and applicable laws. Responsible for interviewing,
hiring, and training of employees.
Qualifications: To perform this job successfully, an individual must be able to perform each
essential duty satisfactorily. Thorough knowledge of Florida law, and administrative processes
pertaining to municipalities. The requirements listed below are representative of the knowledge,
skill, and /or ability required. Reasonable accommodations may be made to enable individual with
disabilities to perform the essential functions.
Education: Must be a graduate from an accredited law school and have at least four (4) years of
experience in the practice of law. Membership must be in good standing in the Florida Bar.
Language Skills: Ability to read, write and speak English. Ability to read, analyze, and
interpret the most complex documents. Ability to respond effectively to the most sensitive inquiries
or complaints:
Certificate, Licenses, Registrations: Florida Bar License.
`). OF SUN P
To:
From:
Date:
Re:
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 949-3113 Fax
(305) 947 -2150 Building Department
(305) 947 -5107 Fax
MEMORANDUM
The Honorable City Commission
Lynn M. Dannheisser, City Attorney
January 17, 2002 P,
RESOLUTION REGARDING RECLASSIFICATION OF POSITION
RECOMMENDATION:
It is recommended that the City Commission approve the attached Resolution.
REASON:
City Commission
David Samson, Mayor
Danny Iglesias, Vice Mayor
Norman S. Edelcup, Commissioner
Gerry Goodman, Commissioner
Lila Kauffman, Commissioner
Christopher J. Russo, City Manager
Lynn M. Dannheisser, City Attorney
Richard Brown- Morilla, City Clerk
Hans Ottinot left a prestigious Ft. Lauderdale law firm to become employed as Assistant City
Attorney for our City on February 20, 2000. Since that time, he has performed admirably,
engendering the confidence of all department heads and receiving special recognition of the
Police Department. Hans has become an invaluable asset to the City Attorney' Department in all
areas of practice including, but not limited to, all litigation, police matters (including forfeitures),
labor and employment matters, telecommunications issues, contractual matters and research
projects of any kind.
It is evident that Mr. Ottinot, is not merely an "assistant," in the classic definition of the word, as
most assistant attorneys specialize and practice in only one or two areas of the law. Mr. Ottinot,
on the other hand, covers many areas and sits in my chair whenever I am unavailable. I therefore
believe and am requesting you support me in granting Hans the title of Deputy City Attorney.
Although for the Commission, for me, and other members of the staff, the title change is merely
a cosmetic change because he has carried out the responsibilities of a Deputy City Attorney
throughout his tenure with the City. I do believe he deserves recognition for his service. (As one
example, you may be interested to know, Hans has represented the City's Police Department in
The Honorable City Commission
January 17, 2002
Page 2
all forfeiture cases before the Circuit Court and has not lost one single case! Through his efforts,
the Police Department has been able to collect.over $200,000 of forfeited assets).
During the past fiscal year, Mr. Ottinot has played an instrumental role in protecting revenues
that the City received from Telecommunications providers, by drafting legislation to comply
with the Communications Services Tax Simplification Law recently enacted by the Florida
Legislature. He has also played an instrumental role in getting the City its first governmental
access cable channel and, because of his expertise in telecommunications law, the City has no
further need to spend money in hiring outside law firms to represent it in telecommunications
matters. Further, he has also assisted the City Manager in carrying out the duties of his office
while working on many complex projects for me.
In recognizing Mr. Ottinot's contribution to the City, I can attest that he has a strong
commitment to serve the public and a tenacious desire to become a premier municipal attorney
and I certainly believe his new title of Deputy City Attorney is well deserved. With it will come
no salary increase, however, consistent with all department heads over which he is more elevated
in position, and consistent with at least one Assistant City Manager in the past, I would request
that Mr. Ottinot officially be entitled to a three -month severance package upon lay -off or
termination, pursuant to Rule 8.1 of the Employees' Policy and Procedures Manual. This
severance package would not pertain, of course, in the event of voluntary resignation.
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Attachment