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Home My Public Portal AboutResolution No. 23-165 - Approving a policy for city attorney legal invoice submission, review and approvalSponsored by: City Attorney RESOLUTION NO. 23-165 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING A POLICY FOR CITY ATTORNEY LEGAL INVOICE SUBMISSION, REVIEW AND APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Opa-Locka, Florida ("City Commission") finds that an updated policy for submission, review and payment of legal invoices is needed for the City; and WHEREAS, by way of history, the City Commission of the City of Opa- Locka, Florida passed Resolution 21-9832, which authorized a review process for City Attorney invoices; and WHEREAS, following passage of said Resolution, a policy was then implemented by the former City Manager to clarify the intent of the resolution and outline steps that will be taken for the submission, review and approval of legal invoices prior to submittal to the State of Florida for review and payment; and WHEREAS, pursuant to the said policy, within three (3) days after submittal of an invoice from the City Attorney, the City Manager was required to review the invoice, make inquiries, where deemed appropriate, and submit the invoice to the State of Florida for review and payment. Further, the policy stated that "the City Manager understands and interprets Resolution 21-9832 not as an automatic trigger for payment, but as a requirement to review the invoice prior to submittal to the State of Florida for payment"; and WHEREAS, Resolution 21-9832, was passed by the City Commission for reasons of efficiency to ensure that payment was made to the City Attorney in a timely manner; and WHEREAS, on February 4, 2021 the City Attorney communicated with legal counsel for the State Inspector General's Office regarding the policy and no objection was ever expressed regarding to the former City Manager's policy; and Resolution No. 23-165 WHEREAS, on July 26, 2023, the City Commission approved an amendment to the City Attorney's contract to increase the monthly retainer. The City budget was subsequently adjusted for the amendment; however, the subject Resolution has not been officially approved by the State of Florida Inspector General; and WHEREAS, on September 28, 2023, a telephone conference ensued between the City Attorney and legal counsel for the State's Office of the Inspector General regarding, in part, the approved increase by the City Commission; and WHEREAS, legal counsel for the State Inspector General has expressed that tighter internal controls are requested for both payment and submission of City Attorney legal invoices; and WHEREAS, to address the concerns of the State Inspector General, the City Commission desires to implement internal controls for the submission, review and payment of legal invoices; and WHEREAS, additionally, the City Commission desires to establish a policy whereby one (1) commissioner shall be designated responsible for reviewing legal invoices, with alternates if the person is unavailable; and WHEREAS, the State Inspector General does not object to a City Commissioner being designated as a reviewer of legal bills, so long as that person is comfortable reviewing said invoices; and WHEREAS, the City Commission finds it fitting and appropriate that the policy set forth herein be followed for submission, review and approval of legal invoices. NOW THEREFORE, BE IT RESOLVED THAT THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. by reference. Recitals. The recitals to the preamble herein are incorporated. 2 Resolution No. 23-165 Section 2. Approving Policy of Submission, Review and Approval of Legal Invoices. The City Commission hereby approves the following policy for the submission, review and approval of legal invoices of the City Attorney: a) Standard monthly retainer invoices shall be submitted directly to the City Manager or designee to be paid within thirty (30) days following submission by the City Attorney. b) Standard monthly retainer invoices shall be submitted no more than sixty (60) days following work being performed. c) For litigation invoices, the City Attorney shall meet with Commissioner Williams within three (3) days of submission of legal invoices to discuss the litigation invoices and answer any questions related to the invoices. If additional information is required, said information shall be submitted to Commissioner Williams who shall then authorize the submission of the legal invoices to the City Manager or designee for prompt submission to the State of Florida for review and approval. d) In the event Commissioner Williams is unavailable to review litigation invoices within three (3) days, either the Mayor or Vice -Mayor may meet with the City Attorney for the review of litigation invoices in the same manner described in paragraph (c) above. e) Commissioner Williams, or any alternate City of Opa-Locka elected official reviewing invoices shall ask questions necessary to make a decision regarding approval. f) For litigation invoices, the City Attorney shall submit invoices no later than sixty (60) days following work being performed. However, for good cause shown, invoices shall be submitted no later than ninety days (90) after work is performed. g) Any commissioner reviewing a litigation invoice should do so with the understanding that review is not an automatic trigger for payment and that questions are expected. h) For any litigation invoice submitted after September of any fiscal year, it is necessary that any legal invoices be submitted no less than five (5) days prior to the time that final budget amendments can be approved by the State of Florida, to the extent applicable. 3 Resolution No. 23-165 Section 3. Authority of Mayor. The Mayor is hereby authorized to execute an amendment of the City Attorney's contract to comport with the submission, review and approval deadlines set forth herein. Section 4. Effective Date. This Resolution shall be effective immediately and shall be forwarded to the Governor's Designee for review. PASSED AND ADOPTED this 11th day of October, 023. TEST: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: B adette Norris -Weeks, P.A. City Attorney Moved by: Commissioner Kelley Seconded by: Commissioner Williams VOTE: 4-0 John H. 'ior Jr., Mayor Commissioner Bass ABSENT Commissioner Kelley YES Commissioner Williams YES Vice Mayor Ervin YES Mayor Taylor YES 4 Sponsored by: City Manager and City Attorney RESOLUTION NO. 21-9832 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO APPROVE PENDING AND FUTURE INVOICES FOR CITY ATTORNEY LEGAL EXPENDITURES; PROVIDING FOR CORRECTION OF SCRIVENERS' ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant Section 3.7 of the City of Opa-Locka's Code of Ordinances, the City Attorney reports directly to the City Commission; and WHEREAS, currently, all billing statements for legal fees are reviewed and signed off on by the City Attorney with the exception of the billing statements for the City Attorney's office which are reviewed and approved by the City Manager before submittal to the State of Florida; and WHEREAS, for reasons of efficiency, the City Manager and City Attorney have requested that City Commission authorize the City Manager to approve all pending and future legal expenditures from the Law Office of Burnadette Norris -Weeks, P.A., to include invoices 2019-01941 and 2019-01942; and WHEREAS, approval by the City Manager of billing statements from the Law Office of Norris -Weeks, P.A. is in the best interest of the City of Opa-Locka, FL. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AS FOLLOWS: Section 1. Adoption of Representations. The above recitals are true and correct and are incorporated into this Resolution by reference. Section 2. Authorizing the City Manager to Approve. The City Commission hereby authorizes the City Manager to approve pending and future invoices for city legal expenditures from Burnadette Norris -Weeks, P.A., unless otherwise determined by the City Commission. Section 3. Effective Date. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED and ADOPTED this 13th day of January, 2021. Resolution No. 21-9832 Matthew A. Pigatt, Mayor ATTEST: @kn a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Z}ris-Weeks, P.A. City Attorney, Moved by: COMMISSIONER BURKE Seconded by: COMMISSIONER WILLIAMS VOTE: 5-0 Commissioner Burke YES Commissioner Davis YES Commissioner Taylor YES Vice -Mayor Williams YES Mayor Pigatt YES 1st Reading/Public Hearing: 2"d Reading/Public Hearing: Adopted: Effective Date: Sponsored By: September 13, 2023 October 11, 2023 October 11, 2023 October 11, 2023 Interim City Manager ORDINANCE NO. 2023-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 2, ARTICLE II, OF THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES ENTITLED "CITY COMMISSION", SECTION 2-27 ENTITLED "EXPENSE ACCOUNT FOR MAYOR AND EACH CITY COMMISSIONER" TO INCREASE MONTHLY EXPENSE REIMBURSEMENT ALLOWANCES FOR THE CITY COMMISSION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Opa-Locka has been allotted a monthly reimbursement amount not to exceed Two Hundred Dollars ($200.00) as reimbursement for expenses; and WHEREAS, the reimbursement is used to cover publications (subscriptions), dues, food and drink for dignitaries and public officials, cleaning, gasoline, transportation, and communications; and WHEREAS, there has been a significant rise in the covered expenses, specifically food and gasoline and the City Commission desires to raise the monthly allowance to Three Hundred Dollars ($300.00) to offset economic inflation; and WHEREAS, the City Commission finds that it is in the best interests of the City and its residents to authorize the amendment of Chapter 2, Article II of the City's Code of Ordinances, entitled "City Commission", Section 2-27 entitled "Expense account for mayor and each city commissioner" to increase monthly expense reimbursement allowances from Two Hundred to Three Hundred Dollard for the City Commission. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: SECTION 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. SECTION 2. AUTHORIZATION Amending Chapter 2, Article II, Division 1, Section 2-27 entitled "Expense account Ordinance No. 2023-19 for mayor and each city commissioner", which shall read: Sec. 2-27. - Expense account for mayor and each city commissioner. The mayor and each city commissioner, in addition to the compensation pursuant to the Charter, and in addition to per diem and travelling expenses paid pursuant to Florida Statutes, Section 112.061, may receive reimbursement of monies expended during each monthly period, not to exceed the sum of two hundred dollars X00) ($300.00) per month, for monies paid for publications (subscriptions), dues, food and drink for dignitaries and public officials, cleaning, gasoline, transportation, communications and other similar and related expenses incurred in the performance of the duties of mayor and commissioner, provided: (a)A voucher, in a form prepared by the city manager, is executed by the mayor or commissioner submitting said voucher setting forth the nature of the expense and the purpose therefor. (b) Receipts are attached, if available, or estimates of gasoline based on mileage. SECTION 3. SCRIVENER'S ERRORS Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors, which do not affect the intent of this Ordinance may be authorized by the Interim City Manager, following review by the City Attorney for legal sufficiency, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 4. SEVERABILITY If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. SECTION 5. CONFLICT All sections or parts of sections of the applicable City of Opa-Locka ordinances currently in place in conflict herewith are intended to be rescinded and repealed to the extent of such conflict. SECTION 6. EFFECTIVE DATE This Ordinance shall, upon adoption, become effective as specified by the City of Opa-Locka Code of Ordinances and the City of Opa-Locka Charter and is subject to the approval of the Governor or Governor's Designee. PASSED and ADOPTED this nth day of October, 2023. 2 Ordinance No. 2023-19 A EST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: a Flores, City Clerk Burlaadette Nois-Weeks, P.A. City Attorney Moved by: Commissioner Williams Seconded by: Commissioner Vice Mayor Ervin VOTE: 4-0 Commissioner Bass ABSENT Commissioner Kelley YES Commissioner Williams YES Vice Mayor Ervin YES Mayor Taylor YES John H. Ta or Jr., Mayor 3 City of Opa-locka Agenda Cover Memo i i City g Manager: Darvin Williams CM Signature: 0 L��i Ordinance �� ther�""' Commission Meeting Date: 9.13.2023 Item Type: (EnterX in box) Resolution X Fiscal Impact: (EnterX in box) Yes No Ordinance Reading. (EnterX in box) 1st Reading 2nd Reading X Yes No Yes No I X X Funding Source: Account#: (Enter Fund & Dept) Ex: 10-511306 10-511307 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 (EnterX in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X m • IN • • I■ Sponsor Name Commissioner Williams Department: City Commission Short Title: I An ordinance of the City Commission of the City of Opa-locka to amend Chapter 2, Section 2-27 entitled "Expense account for mayor and each city commissioner" to increase the monthly allowance to three hundred dollars ($300.00). Staff Summary: History: The City Commission has been allotted a reimbursement of monies for related expenses incurred in the performance of the duties of mayor and commissioner, not to exceed two hundred dollars ($200.00) monthly per member of the Commission. The reimbursement is used to cover publications (subscriptions), dues, food and drink for dignitaries and public officials, cleaning, gasoline, transportation, and communications. Current: There has been a significant rise in the covered expenses, specifically food and gasoline. The City Commission is requesting a monthly allowance increase to three hundred dollars ($300.00) to help offset economic inflation. Financial Impact - The proposed increase will increase FY 24 annual expense by $6,000. This additional expense is incorporated into the FY 24 Proposed Annual Budget and is subject to being appropriated in the final adoption of this budget. Proposed Action: Staff recommends the City Commission approve the legislation providing an increase in the Commission's monthly allowance to three hundred dollars ($300.00) per member of the Commission. Attachment: 1