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Home My Public Portal About20-9779 Recinding Resollution #20-9747 for Newall DaughtreySponsored by: City Manager RESOLUTION NO. 20-9779 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RESCINDING RESOLUTION NO. 20-9747 AUTHORIZING FINAL PAYMENT OF ANNUAL LEAVE, PERSONAL LEAVE AND SICK LEAVE, TOTALING $6,362.73, CONNECTED WITH THE TENURE OF FORMER INTERIM CITY MANAGER NEWELL DAUGHTREY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFLCTIVE DATE. WHEREAS, Newell Daughtrey ("Daughtrey") previously served as Interim City Manager for the City of Opa-locka, Florida ("City") from December 12, 2018 until October 11, 2019; and WHEREAS, according to the City's Human Resources Department records, the time and benefits tracking system reflected that Daughtrey had accrued leave time prior to his separation from the City in 2019, totaling $6,362.73; and WHEREAS, Daughtrey requested a payout for leave time; and WHEREAS, the City Attorney's Office was asked by the Human Resources Department to provide an opinion as to whether Mr. Daughtrey was entitled to receive a payout of his annual and sick leave as a former City Manager and employee who did not have an employment contract with the City. Pursuant to the information provided, the City Attorney's office answered in the affirmative based on past practices of paying similarly situated former City Managers and interim managers; and WHEREAS, on April 22, 2020, pursuant to Resolution No. 20-9747, the City Commission authorized payout to Daughtrey for Annual Leave, Personal Leave and Sick Leave in the total amount of $6,362.73; and WHEREAS, additional records were provided showing that Mr. Daughtrey was only employed by the City for nine (9) months, which did not allow for accrued leave under the City's policy during his tenure; and WHEREAS, Both Sections 3-301 (annual leave) and 3-311 (sick leave) of the applicable City policy permits payouts of accrued leave time only after one (1) year 1 Resolution No. 20-9779 of employment with the City and Mr. Daughtrey did not reach the requisite one (1) year threshold; and WHEREAS, while in the past, similarly situated City Managers/Interim Managers who separated from the City received a payout for earned annual, personal and sick time, the City's relevant employment policies and procedures do not support a payout in the instant matter; and WHEREAS, the City Manager is requesting that the City Commission rescind Resolution No. 20-9747, authorizing final payment of Annual Leave, Personal Leave and Sick Leave, totaling $6,362.73 in connection with the tenure of former Interim City Manager Newell Daughtrey. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission is hereby rescinds Resolution No. 20-9747 authorizing final payment of Annual Leave, Personal Leave and Sick Leave, totaling $6,362.73, connected with the tenure of former Interim City Manager Newell Daughtrey. Section 3. This Resolution shall take effect immediately upon adoption, and is subject to the review of the State of Florida Financial Emergency Oversight Board approval. PASSED AND ADOPTED this 8th day of July, 2020. ATTEST: arena Flores, City Clerk 2 Matthew A. Pigatt, Mayor Resolution No. 20-9779 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: (171/01-1,1 ACC Burnadette Norris- eeks, P.A. City Attorney Moved by: COMMISSIONER KELLEY Seconded by: COMMISSIONER BASS VOTE: 3-0 Commissioner Bass YES Commissioner Burke ABSENT Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt ABSENT 3 City of Opa-Locka Aeenda Cover Memo City Manager: John E. Pate CM Signature: A.iiP C Pa Commission Meeting Date: 07.08.2020 Item Type: (EnterX in box) Resolution Or6inance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading. (Enter X in box) lit Reading 2" Reading X X Public Hearing: (EnterX in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement: (EnterX in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: m Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X • IN III • • Sponsor Name City Manager John Pate Department: City Manager's Office Short Tide: A resolution of the City Commissions of the City of Opa-locka, Florida rescinding Resolution 20-9747, authorizing final payment of annual leave, personal leave and sick leave totaling $6,362.73, connected with the tenure of former Interim City Manager Newall J. Daughtrey. Staff Summary: The City Commission adopted legistion authorizing final payment of accrued time to former Interim City Manager Newall J. Daughtrey, however after further review and legal review it was discovered that Mr. Daughtrey was not entitled to receive a payout because he was only employed by the City for nine months. Mr. Daughtrey did not reach the requisite one year threshold, therefore prior legislation should be rescinded. Proposed Action: Repeal prior legislation. Attachment: CITY OF OPA-LOCKA CITY ATTORNEY'S OFFICE MEMORANDUM TO: John E. Pate City Manager FROM: Michelle Austin Pamies, Esq. DATE: June 19, 2020 Re: Payout of Leave — Newall Daughtrey The City Attorney's Office was initially asked whether Mr. Newall Daughtrey was entitled to receive a payout of his annual and sick leave as a former City Manager who did not have an employment contract with the City. We answered in the affirmative because he would be entitled to a payout of leave as a former employee. The City Commission subsequently passed a resolution authorizing the payout of leave to Mr. Daughtrey. Since that time, we received another question from the Human Resources Department, specifically inquiring as to whether Mr. Daughtrey was entitled to receive a payout when he was only employed by the City for nine (9) months. After reviewing the applicable City policies in effect at the time of Mr. Daughtrey's employ, our opinion is that Mr. Daughtrey did not have any accrued leave time that could be paid out. Specifically, both Sections 3-301 (annual leave) and 3-311 (sick leave) of the applicable City policy permit payouts of accrued leave time only after one (1) year of employment with the City. Mr. Daughtrey did not reach the requisite one (1) year threshold. Accordingly, we recommend that your office bring this item back to the Commission so that the resolution approving the payout to Mr. Daughtrey can be rescinded. Sponsored by: City Manager RESOLUTION NO. 20-9747 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING FINAL PAYMENT OF ALL ACCRUED ANNUAL LEAVE, PERSONAL LEAVE AND SICK LEAVE, TOTALING $6,362.73, CONNECTED WITH THE TENURE OF FORMER INTERIM CITY MANAGER NEWALL DAUGHTREY; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Newall Daughtrey ("Daughtrey") previously served as Interim City Manager for the City of Opa-locka, Florida ("City") from December 12, 2018 until October 11, 2019; and WHEREAS, Daughtrey accrued leave time prior to his separation from the City in 2019, totaling $6,362.73; and WHEREAS, in the past, similarly situated City Managers who separated from the City received a payout for outstanding earned annual, personal and sick time that was accrued; and WHEREAS, the City Manager is seeking approval to pay Daughtrey for any unused time accrued during his tenure as Acting City Manager. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Manager is hereby authorized to issue final payment to former Interim City Manager, Newall Daughtrey, for outstanding earned annual, personal and sick time accrued during his tenure as Interim City Manager, totaling $6,362.73. Section 3. This Resolution shall take effect immediately upon adoption, and is subject to the review of the State of Florida Financial Emergency Oversight Board approval. Resolution No. 20-9747 PASSED AND ADOPTED this 22nd day of April, 2020. i Matthew A. Pigatt, Mayor ATTEST: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SU IENCY: B rn Bette Norr -Weeks, P.A. Attorney Moved by: COMMISSIONER KELLEY Seconded by: COMMISSIONER BASS VOTE: 4-1 Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt NO City of Opa-Locka Agenda Cover Memo Department Director. Department Director Signature: City Manager: John E. Pate CM Signature: Ae.W 9;4 Commission Meeting Date: 04.22.2020 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) $6,362.73 Yes No Ordinance Reading: (Enter X in box) lit Reading 2" Reading X Public Hearing: (EnterX in box) Yes No Yes No x x Funding Source: Account# : 12-512110 City Manager Executive Salary (Enter Fund & Dept) Ex: Advertising Requirement: (Enter X in box) Yes No x Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (EnterX in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication • • • m • Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name City Manager Department: City Manager Short Title: A resolution authorizing the City Manger to pay Newall Daughtrey $6,362.73 (gross pay) for accrued Annual, Personal, and Sick time during his tenure with the City of Opa-locka. Staff Summary: Mr. Daughtrey served as Acting City Manager and during that time he accrued leave time. In the past City Manager's who separated from the City received a payout for any outstanding earned annual, personal, and sick time accrued. Proposed Action: The City Manager is seeking approval to pay Mr. Daughtrey for any unused time accrued during his tenure as Acting City Manager from December 12, 2018 until October 11, 2019. Attachment: City of Opa-locka Kierra Ward Office: 305-953-2815 Human Resources Director MEMORANDUM Email: kward@opalockafl.gov To: City Manager's Office From: Kierra Ward, Human Resources Director Re: Final Payout — Newall Daughtrey Date: January 27, 2020 Enclosed are the final calculations for Newall Daughtrey his termination was on October 11, 2019. At the time of his termination, his accrual hours were as follows: Description of Accrual Hours Earnings Net pay Annual/Vacation & Personal 101.64 $5,930.04 $5,003.66 Sick 3.70 $432.69 $399.59 Total $6,362.73 $5,430.25 Mr. Daughtrey's tenure was from December 12, 2018 to October 11, 2019. At your earliest convenience please approve the enclosed final payout. Approved 0 Denied lam' nE.P e ger Human Resources Department •780 Fisherman Street 4th floor, Opa-locka, FL 33054 • (305)953-2815 OuickCelc Results Check 1 Name: Newell J. Daughtrey Company. ZLU - City Of Opa Locke File S: 305 Period Begin Date: 12/21/2019 Period End Date: 01/03/2020 Request Description: Tax Frequency. 9 - Spread taxes over 9 weeks Worked In Department 660210 - Manager's Office Disburse Lien Deductions: No Gross to Net Summary Total Hours 109.64 Total Earnings (Gross Pay) 5,930.04 Total Taxes 748.48 0' Total Deductions 177.9e0 Net Pay 5,00as6 Total Mertes Gross to Net Detail Hours/Earnings Regular Overtime V - ANNUAL LVE P - PERSONAL Total 5,930.04 Rate https://workforcenow.adp.com/wfn-static/21.0.20.28/com mon/print.htm I Hours Earnings Field f 54.0865 101.64 5,497.35 3 54.0865 8.00 432.69 4 Taxes Federal 294.83 Social Security 367.66 Medicare 85.99 Total 748.48 Deductions P—FRS 3%-rteci 1 0 Total 177.90 Memos 109.64 5,930.04 I of 2 1/7/2020, 3:49 PM X - 401k Max Elig/c 5,930.04 Total 5,930.04 https://workforcenow.adp.com/wfn-static/21.0.20.28/common/print.htm l 2 of 2 1/7/2020, 3:49 PM QuickCak Results Check 1 Name: Newall J. Daughtrey Company: ZLU - City Of Opa Locka File 0: 305 Period Begin Date: 12/21/2019 Period End Date: 0V03/2020 Request Description: Tax Frequency: 9 - Spread taxes over 9 weeks Worked In Department 660210 - Manager's Office Disburse Lien Deductions: No Gross to Net Summary Total Hours 8.00 Total Earnings (Gross Pay) 432.69 Total Taxes 33.10 Total Deductions N.t Par 399.59 Total Memos 432.69 Gross to Nat Dotal! Hours/Eamings Regular Overtime S - SICK Total Rata 54.0865 Texas Social Security 26.83 Medicare 6.27 Total 3310 DaducUons Total https://workforcenow.adp.com/w fn/payrol l/process/Qu ickCalc/mu I ti/Q... Hours EarnIngs Fold a 8.00 432.69 3 8.00 432.69 Memos X - 401k Max Elig/c 432.69 Total 432.69 1 of 2 I/7/2020, 3:48 PM https://workforcenow.adp.com/wfn/payrol I/process/Qu ickCalc/multi/Q... 2 of 2 I /7/2020, 3:48 PM