HomeMy Public PortalAbout18-9569 Hiring of Firm to represent the vs Barry Mukamal Case #18-28275-CA 01 Sponsored by: City Attorney
RESOLUTION NO. 18-9569
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, HIRING JOHNSON, ANSELMO,
MURDOCH, BURKE, PIPER & HOCHMAN, P.A. TO DEFEND
THE CITY OF OPA-LOCKA IN BARRY E. MUKAMAL VS. CITY
OF OPA-LOCKA CASE NUMBER 18-28275-CA-01; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, On August 24, 2018, Plaintiff filed a Complaint alleging Breach of
Contract due the City of Opa-locka's ("City") termination of Stephen Roy Shiver on
November 24, 2015 and failure to pay the compensation due to him; and
WHEREAS, the new lawsuit is substantially identical to the "pending" Roy Shiver v.
City of Opa-Locka, Myra Taylor, and George Howard matter currently being handled by
Anselmo, Murdoch, Burke, Piper & Hochman, P.A pursuant to the Florida Municipal
Insurance Trust Policy; and
WHEREAS,the Florida Municipal Insurance Trust Policy does not provide coverage
for this type of case but Anselmo, Murdoch, Burke, Piper & Hochman, P.A is willing to
continue to provide representation pursuant to the terms attached as Exhibit A; and
WHEREAS, the City Commission finds that it is in the best interest of the City to
hire Anselmo, Murdoch, Burke, Piper & Hochman, P.A. to defend the City in Barry E.
Mukamal vs. City of Opa-locka Case Number 18-28275-CA-01.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND 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
The City Commission hereby hires Anselmo, Murdoch, Burke, Piper & Hochman,
P.A. to defend the City in Barry E. Mukamal vs. City of Opa-locka attached hereto as
Exhibit B.
Section 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Resolution No. 18-9569
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected copy of same with the City Clerk.
Section 4. 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 24th day of October, 2018.
Imo - A
yra I, T ylor
Mayor
Attest to: Approved as to form and legal sufficiency:
i ()-(.4A-A. c,-------7.__.-------
Joa a Flores THE BROWN LAW GROUP, LLC
Cit Clerk City Attorney
Moved by: VICE MAYOR KELLEY
Seconded by: COMMISSIONER RILEY
Commissioner Vote: 4-1
Commissioner Holmes: YES
Commissioner Riley: YES
Commissioner Pigatt: YES
Vice Mayor Kelley: NO
Mayor Taylor: YES
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Subject: Re: Denial GC2016083462(Bkrptcy Estate of Shiver v. Opa-Locka)
From: Mike Piper(piper @jambg.com)
To: vtblaw @bellsouth.net;
Cc: Cintron @jambg.com; Semexant @jambg.com;
Date: Tuesday, October 9,2018 5:42 PM
Vincent:
With a change in the payment terms,we can reduce the retainer to $10,000. See the
attached proposed legal services agreement.
Best Regards,
Piper
On Tue, Oct 9, 2018 at 8:09 AM, Vincent Brown<vtblaw @bellsouth.net>wrote:
Mike:
Possibly doable, but need to lower the retainer to maybe $10,000.00.
Send a retainer.
Thanks,
Vincent T. Brown, Esq. The Brown Law Group, LLC 847 NW 119th Street, Suite 202
North Miami, FL 33168 305-688-7500 / 305-688-7501 (fax)
www.thebrownlawgroup.net This e-mail is intended only for the individual(s) or
entity(s) named within the message. This e-mail might contain legally privileged and
confidential information. If you properly received this e-mail as a client or retained
expert, please hold it in confidence to protect the attorney-client or work product
privileges. Should the intended recipient forward or disclose this message to another
person or party, that action could constitute a waiver of the attorney-client privilege. If
the reader of this message is not the intended recipient, or the agent responsible to
deliver it to the intended recipient, you are hereby notified that any review,
dissemination, distribution or copying of this communication is prohibited by the sender
and to do so might constitute a violation of the Electronic Communications Privacy Act,
18 U.S.C. section 2510-2521. If this communication was received in error we apologize
for the intrusion. Please notify us by reply e-mail and delete the original message
without reading same. Nothing in this e-mail shall, in and of itself, create an attorney-
client relationship with the sender.
From: Mike Piper<piper @jambg.com>
To: Vincent Brown <vtblaw @bellsouth.net>
Cc: Alonzo Hatchette <AHatchette @flcities.com>; PL Mail <plmail @flcities.com>; Lynn Jones
<jones @jambg.com>
Sent: Monday, October 8, 2018 2:03 PM
Subject: Re: Denial GC2016083462 (Bkrptcy Estate of Shiver v. Opa-Locka)
1 of 6 10/18/2018, 11:09 AM
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Dear Mr. Brown:
As you are aware from the below,the Florida Municipal Insurance Trust (FMIT) no longer
is providing the City of Opa-Locka with a defense in this matter.
This firm is happy to continue its representation of the City upon the following terms:
(1)the City will immediately pay a fee and cost retainer to the firm in the amount of
Twenty Thousand Dollars ($20,000.00);
(2)the firm will continue to defend the City's interests in the matter at the same billing
rates that the firm charges to the FMIT ($175/hour for partner attorney time; $145/hr. for
associates; $85/ hr for paralegals);
(3) the firm will invoice the City monthly and will deduct monthly fees and costs incurred
from the retainer balance;
(4) whenever the retainer balance falls below $5,000.00, the City will replenish the
retainer to a balance of$20,000.00; and
(5) upon the conclusion of the matter and the City's payment of the firm's final invoice for
services rendered and costs incurred, the firm will refund to the City any remaining
retainer balance.
Please advise, in writing, of the City's agreement with the above by the close of business on
Friday, October 12, 2018.
I look forward to hearing from you.
Very truly yours,
Michael R. Piper
For the firm
Johnson,Anselmo,Murdoch,Burke, Piper&Hochman,P.A.
2455 E. Sunrise Blvd., Suite 1000
Ft. Lauderdale, FL 33304
(954)463-0100
On Thu, Oct 4, 2018 at 2:05 PM, Alonzo Hatchette <AHatchette @flcities.com>wrote:
Good afternoon,
I've reviewed the Complaint for Breach of contract with regards to a new lawsuit filed by Shiver's
bankruptcy trustee. The Agreement expressly excludes coverage for breach of an express or
implied contract. There does not look be to be coverage or a duty to defend at this time. Within
the complete Plaintiff is asking for relief and non-monetary relief along with damages.
2 of 6 10/18/2018, 11:09 AM
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The Agreement
The Agreement's General Liability Coverage is applicable to these claims. It requires the allegation
of an 'occurrence' resulting in damages for either bodily injury, property damage, personal injury or
advertising injury, for there to be coverage. Within the Complaint there are no claims of Bodily
Injury, Property Damage, Personal Injury nor Advertising Injury for there to be coverage.
The agreement specifically excludes claims seeking injunctive, declaratory or any other non-
monetary relief. Please refer to the Liability Agreement and E&O Endorsement, the section titled
Exclusions, specifically paragraphs, A, DD, and JJ which reads as follows:
EXCLUSIONS
This Coverage Agreement does not apply:
A. to any liability arising from any alleged breach of any express or implied contract, nor to
bodily injury, property damage or any liability arising out of the Member's assumption of
liability in a contract or agreement, except an incidental contract or interlocal agreement, as
those terms are defined herein;
R. to any liability arising in whole, or in part out of: 1. any act or omission of a Member
committed while acting outside the course and scope of his employment, or committed in bad faith
with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights,
safety or property; 2. any Member obtaining remuneration or financial gain to which the Member
was not legally entitled; 3. the willful violation of any federal, state or local law, ordinance or
regulation committed by or with the knowledge or consent of any Member; or 4. violation of public
trust;
X. to any liability for fines, punitive or exemplary damages; or any non-compensatory
damages or penalties imposed pursuant to any federal or state anti-trust, civil rights,
antidiscrimination, or racketeer influence and corrupt organization (RICO) laws;
DD. to any claim, demand or action seeking injunctive, declaratory, writ of mandamus, or any
other non-monetary relief against a designated member or any of its agents;
JJ. to any claim for attorneys'fees or costs for any action not covered by this Agreement
E&O Endorsement:
Under the Coverage Agreement, the applicable exclusionary language is applicable:
C, The following additional exclusions are included for purposes of this endorsement:
This endorsement does not apply to any liability arising out of the following:
4. any claim demand or action seeking relief, or redress, in any form other than money
damages, and any costs, fees, expenses or attorneys'fees relating to such claims
5. to any obligation for which a Member becomes obligated to pay future wages as a result of
any alleged wrongful employment practice liability or employee benefits program liability
Based upon the allegations contained within the Complaint and the applicable exclusionary
language, it is the position of Florida Municipal Insurance Trust that coverage and/or a duty to
defend the City in this matter does not exist.
If you have any questions please feel free to contact me directly.
Alonzo
3 of 6 10/18/2018, 11:09 AM
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From: Mike Piper<piper @jambg.com>
Sent: Friday, August 24, 2018 2:08 PM
To: Vincent Brown <vtblaw @bellsouth.net>
Cc: Alonzo Hatchette <AHatchette @flcities.com>; PL Mail <plmail @flcities.com>; Erin Pola
<Pola @jambg.com>; Johann Semexant<Semexant @jambg.com>; David Storey <DStorey @flcities.com>;
David Cominsky <DCominsky @flcities.com>
Subject: Re: Fw: Civil Action Summons; FMIT claim #GC2016083462
Vincent & Alonzo:
Thank you for this.
This new lawsuit is substantially identical to the "pending" Roy Shiver v.
City of Opa-Locka, Myra Taylor, and George Howard matter (FMIT
claim # GC2016083462). The legal claims are the same. The
differences are that the plaintiff now is the bankruptcy trustee (proper
under the law), and the individual defendants have been dropped.
The "pending" matter has been languishing in jurisdictional limbo since
the federal court dismissed Shiver's federal claims. Shiver's then-
counsel never took steps to revive the state court action (by notifying the
state court clerk of the remand). Now, we know why. This new lawsuit
replaces that one.
I will appear as counsel for the City and address the Complaint as
appropriate.
As always, call with any questions.
Best Regards,
Piper
On Fri, Aug 24, 2018 at 12:18 PM, Vincent Brown <vtblaw @bellsouth.net>wrote:
To all:
4 of 6 10/18/2018, 11:09 AM
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Please see below.
Thanks,
Vincent T. Brown, Esq. The Brown Law Group, LLC 847 NW 119th Street, Suite 202 North
Miami, FL 33168 305-688-7500/305-688-7501 (fax) www.thebrownlawgroup.net This
e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail
might contain legally privileged and confidential information. If you properly received this e-mail
as a client or retained expert, please hold it in confidence to protect the attorney-client or work
product privileges. Should the intended recipient forward or disclose this message to another
person or party, that action could constitute a waiver of the attorney-client privilege. If the reader
of this message is not the intended recipient, or the agent responsible to deliver it to the intended
recipient, you are hereby notified that any review, dissemination, distribution or copying of this
communication is prohibited by the sender and to do so might constitute a violation of the
Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was
received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the
original message without reading same. Nothing in this e-mail shall, in and of itself, create an
attorney-client relationship with the sender.
Forwarded Message
From: Joanna Flores<jflores @Opalockafl.gov>
To: "VTBLAW @BELLSOUTH.NET"<VTBLAW @BELLSOUTH.NET>; Newell J. Daughtrey
<ndaughtrey @Opalockafl.gov>
Cc: "Myra L.Taylor, Mayor-City of Opa-locka"<mtaylor @Opalockafl.gov>; "Timothy Holmes, Commissioner-City
of Opa-locka"<tholmes @Opalockafl.gov>; "Joseph L. Kelley,Vice Mayor-City of Opa-locka"
<jkelley @Opalockafl.gov>; "John B. Riley, Commissioner-City of Opa-locka"<jriley @Opalockafl.gov>; "Matthew
Pigatt, Commissioner-City of Opa-locks"<mpigatt @Opalockafl.gov>; Michele Samaroo
<msamaroo @Opalockafl.gov>; Sherine Bullock<sbullock @Opalockafl.gov>; Diane Darden
<ddarden @Opalockafl.gov>; Sha'mecca Lawson <slawson @Opalockafl.gov>;"admin @thebrownlawgroup.net"'
<admin @thebrownlawgroup.net>; "'Jacqueline @thebrownlawgroup. net-<jacqueline @thebrownlawgroup.n et>
Sent: Friday,August 24,2018 12:15 PM
Subject: Civil Action Summons
Good Afternoon:
Please see attached Civil Action Summons received in the Office of the City Clerk on Friday,
August 24, 2018.
Sincerely,
Joanna Flores, CMC
City Clerk
City of Opa-locka
780 Fisherman Street, 4th Floor
Opa-locka, FL 33054
T: 305.953.2800
C: 786.877.4038
Email:jflores @opalockafl.gov
Website: www.opalockafl.gov
Public Records Notice: Under Florida Law, email addresses and electronic communications are
public records. If you do not want your email address or the content of your electronic
communication released in response to a public records request, do not send electronic mail to
this entity.
5 of 6 10/18/2018, 11:09 AM
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Attachments
• OpaLockaFeeAgreement.pdf(53.93KB)
6 of 6 10/18/2018, 11:09 AM
Filing# 76758961 E-Filed 08/21/2018 01:58:57 PM
IN THE CIREUIT`COURi OF 111"
JUDICIAL CIRCUIT IN AN pp FOR
MIAMI-DADE coUtfeY:FppRipA
CASE NO.: 2018-028275-CA-01
BARRY E. MUKAMAL, as Chapter
7 Trustee of the Bankruptcy Estate
of Roy Stephen Shiver, Jr., a
Plaintiff,
V8.
THE GREAT CITY OF OPA LOCKA,
FLORIDA, a municipal corporation,
Defendant.
CIVIL ACTION SUMMONS
THE STATE OF FLORIDA:
TO EACH SHERIFF OF THE STATE:
YOU ARE COMMANDED to serve this Summons and a copy of the Complaint in
this lawsuit on Defendant
THE GREAT CITY OF OPA-LOCKA
cto Mayor Myra Tayor
780 Fisherman Street
Opa-Locka, FL 33054
8/22/2018
DATED this day of , 2018.
HARVEY RUVIN
Clerk of Court
By. 1 • !i
As Deputy Clerk
cou�j
IMPORTANT
A lawsuit has been filed against you. You have 20 calendar days after this
Summons is served on you to file a written response to the attached Complaint with the
Clerk of this Court. A phone call will not protect you. Your written response, Including
the case number given above and the names of the parties, must be filed if you want the
Court to hear your side of the case. If you do not file your response on time, you may
lose the case, and your wages, money and property may thereafter be taken without
further warning from the Court. There are other legal requirements. You may want to
call an attorney right away. If you do not know an attorney, you may call an attorney
referral service or a legal aid office (listed in the phone book).
If you choose to file a written response yourself, at the same time you file your
written response to the Court, located at:
Clerk of the Court
Miami-Dade County Courthouse
73 W. Flagler Drive
Miami, FL 33130
you must also mail or take a copy of your written response to the Plaintiff's Attorney
named below:
Marc A. Silverman, Esq.
Frank,Weinberg& Black, P.L.
7805 S.W. 8th Court
Plantation, Florida 33324
(954)474-8000
IMPORTANTE
listed ha sido demanded()legalmente. Ilene 20 dias, contados a partir del recibo
de esta notificacion, pare contester la demands adjunta, por escrito, y presentarla ante
este tribunal. Una Hamada telefonica no lo protegera. Si usted desea que el tribunal
considere su defense,debe presenter su respuesta por escrito, incluyendo at numero del
caso y los hombres de las partes interesadas. Si usted no contests la demanda a tiempo,
pudiese perder el case y podria ser despojado de sus ingresos y propledades,o privado
de sus derechos, sin previo aviso del tribunal. Existen otros requisitos legates. Si lo
desea, puede usted consulter a un abogado inmediatamente. Si no conoce a un
abogado, puede Ilamar a una de las oficinas de asistencla legal que aparecen en la gula
telefonica.
Si desea responder a la demanda per su cuenta,al mismo tiempo en que presents
su respuesta ante el tribunal, debera usted envier por correo o entregar una-copia de su
respuesta a Is persona denominada abaft) como "Plaintiff/Plaintiffs Attorney"
(Demaridante o Abogado del Demandante).
jMPORTANT
Des poursuites judiciares ont ete entreprises contre vous. Vous avez 20 fours
consecutifs a partir de la date de 1'assignation de cette citation pour deposer une
response ecaite a la plainte ci-jointe aupres de ce tribunal. Un simple coup de telephone
est insuffsant pour vous proteger. Vous etes obliges de deposer votre reponse ecrite,
avec mention du numero de dossier ci-dessus et du nom des parties nominees id, si
vous souhaitez que le tribunal entende votre cause. Si vous ne deposez pas votre
reponse mite dans to relai requis,vous risquez de perdre la cause ainsi que votre salaire,
votre argent,et vos biens peuvent etre saisis par la suite,sans aucun preavis ulterieur du
tribunal. II y a d'autres obligations juridiques et vous pouvez requerir les services
immediats d'un avocet Si vous ne connaissez pas d'avocat, vous pourriez telephoner a
un service de reference d'avocats ou a un bureau d'assistance juridique (figurant a
i'annuaire de telephones).
Si vous choisissez de deposer vous-meme une reponse ecrite, it vous faudra
egalement, en meme temps que cette formalite, faire parvenir ou expedier une copie de
votre reponse ecrite au "Plaintiff/Plaintiffs Attorney" (Plaignant ou a son avocet) nomme
cidessous.
Marc A. Silverman, Esq.
Plaintiffs Attorney
Frank,Weinberg & Black, P.L.
7805 S.W. 6th Court
Plantation, FL 33324
Florida Bar No. 144444
In accordance with the Americans with Disabilities Act of 1990 (ADA), disabled persons
who, because of their disabilities, need special accommodation to participate In this
proceeding, should contact the ADA Coordinatorr", not later than five (5) business days
prior to the afore-mentioned proceeding. '*'Dade County Court ADA, Ellis D. Petigrew,
(305) 375-2006 (Voice), (305) 375-2007 (TDD), *** Broward County Court ADA, (954)
831-6364(Voice and TDD).***Paim Beach County(561) 355-2431.
Filing # 76699778 E-Filed 08/20/2018 03:21:41 PM
IN THE CIRCUIT COURT OF THE 11TM
JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
CASE NO.:
BARRY E. MUKAMAL, as Chapter
7 Trustee of the Bankruptcy Estate
of Roy Stephen Shiver, Jr.,
Plaintiff,
vs.
THE GREAT CITY OF OPA LOCKA,
FLORIDA, a municipal corporation,
Defendant.
COMPLAINT
Plaintiff, BARRY E. MUKAMAL, as Chapter 7 Trustee of the Bankruptcy Estate of
Roy Steven Shiver, Jr. ("Plaintiff") by and through his undersigned counsel, sues the
Defendant, THE GREAT CITY OF OPA-LOCKA, FLORIDA, a municipal corporation
("Defendants)and states:
GENERAL ALLEGATIONS
1. This is an action for breach of contract and for damages in excess of
$15,000.00, exclusive of attorneys'fees, costs, and/or interest within this Court's subject
matter jurisdiction.
2. Plaintiff, BARRY E. MUKAMAL, as Chapter 7 Trustee of the Bankruptcy
Estate of Roy Steven Shiver,Jr., is the duly appointed and acting Chapter 7 trustee in the
pending bankruptcy proceedings related to Roy Stephen Shiver,Jr. ("Shiver"),to wit the
Chapter 7 bankruptcy case pending before the United States Bankruptcy Court for the
1
Southern District of Florida, Miami Division,styled In is Roy Stephen Shiver, Jr., Debtor,
Case No.: 17-24922-RAM(the"Bankruptcy Proceedings"),and is-sui furls in all respects.
As bankruptcy trustee,the Plaintiff is entitled as a matter of bankruptcy law to pursue for
the benefit of Shiver's creditors any and all daims and causes of action held by Shiver
when his bankruptcy case was commenced on December 15,2017. See, e.g., 11 U.S.C.
§§ 541&704.
3. Defendant, THE GREAT CITY OF OPA LOCKA, FLORIDA, as all times
material hereto is and was a municipal corporation and political subdivision of the State
of Florida, and is sui juris in all respects.
4. All conditions precedent to the bringing of this action have been met, have
occurred, or have been waived.
5. All transactions and/or occurrences giving rise to this action arose and
transpired in Miami-Dade County, Florida, and as such, venue Is proper in this court
pursuant to Chapter 47,al.at.
FACTUAL ALLEGATIONS.
6. Shiver was employed by the Defendant in the position of City Manager
pursuant to that certain Employment Agreement Between the Great City of Opa-Locka,
Florida and Stephen Roy Shiver, City Manager dated September 2, 2015 (the
"Employment Agreement"), which had an initial term of thirty (30) months (from
September 2, 2015 through February 28, 2018). A true copy of the Employment
Agreement is attached hereto as Exhibit "A" and fully incorporated herein by this
reference.
2
7. Pursuant to the terms of the Employment Agreement, in the event that the
Defendant terminated Shiver, he was to be paid "all compensation that shall include
salary, all accrued benefits including sick and vacation days, and any unpaid car or
expense allowances all as permitted by Florida Statutes Section 215.425,which provides
that severance pay provided may not exceed an amount greater than twenty(20)weeks
of compensation."
8. Apparently, almost immediately after Shiver assumed the position of City
Manager, he identified serious issues related to the financial condition of the Defendant,
including numerous and significant unpaid invoices,and other financial inconsistencies in
the Defendant's finances and informed the Defendant's duly elected officials of same, as
well as Shiver's obligation to report the financial issues to Florida's Governor pursuant to
§218.503, au. Sit., and announced his findings at separate budget hearings of the
Defendant to no avail.
9. Thereafter on or about October 22, 2015, Shiver sent Florida's Governor,
Rick Scott,a detailed letter(the"Letter)pursuant to§218.503,f.Mgt,raising the same
financial concerns that were apparently revealed to him after settling into his position with
the Defendant as its City Manager. A true copy of the October 22,2015 Letter is attached
hereto as Exhibit"8"and fully incorporated herein by this reference. In the Letter, Shiver
detailed the Defendant's"challenging financial condition,"as well as some of the positive
changes that were being made to remedy the problems. Shiver's self-stated justifications
for the Letter are set forth therein and fully incorporated herein.
3
10. In response to the Letter,Defendants Mayor,Myra Taylor, informed Shiver
that she and the Defendant's Commissioners had gotten together and were going to
"force°Shiver's resignation in retaliation for Shiver's sending the Letter to Governor Scott.
In response,Shiver pointed out that the"get Nether°described by Mayor Taylor was an
illegally held meeting in the shade,*in violation of Florida's Sunshine Law in and of itself.
11. Undeterred by the illegality of the meeting, however, Mayor Taylor, upon
information and belief, directed Commissioner Santiago (of Defendant's City
Commission) to place an agenda item on the October 27, 2015 Special Commission
Meeting Agenda(a true copy of said Agenda which is attached hereto as Exhibit"C"and
fully incorporated herein by this reference),and more particularly,Agenda items 6(a)and
6(b),which stated:
6(a) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA,TERMINATING THE EMPLOYMENT WITH ROY
STEPHEN SHIVER AS CITY MANAGER OF THE CITY OF OPA-LOCKA,
FLORIDA: PROVIDING FOR INCORPORATION OF RECITALS,
PROVIDING FOR AN EFFECTIVE DATE; and
6(b) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA LOCKA, FLORIDA, APPOINTING AN INTERIM CITY MANAGER
EFFECTIVE IMMEDIATELY, PROVIDING FOR INCORPORATION OF
RECITALS, PROVIDING FOR AN EFFECTIVE DATE
12. Apparently, during the Special Meeting on October 27, 2015, no valid
reason for the termination of Shiver's Employment Agreement was articulated, and
certainly, no event of°cause" was articulated. The matter was tabled and the issue of
Shiver's termination was brought up at the November 24, 2015 Special Commission
Meeting. After Mayor Taylor articulated that,due to the sending of the Letter, she could
no longer work with Shiver, the Commission voted to terminate the Employment
4
Agreement by a 3-1 margin. A true copy of the minutes from the November 24, 2015
Special Commission Meeting reflecting the resolution to terminate Shiver is attached
hereto as Exhibit°D"and fully incorporated herein by this reference.
13. While the November 24, 2015 termination of Shiver was accomplished by
the Defendant, it is clear that it was not justified in accordance with the terms of the
Employment Agreement, which provides that the Employment Agreement"may only be
terminated if the City Manager abandon [sic] his job or is formally charged for criminal
conduct." Cleary, this was not the basis for Defendant's termination of the Employment
Agreement, and as such, Defendants termination thereof was a material breach of the
Employment Agreement.
14. As a direct and proximate result of the Defendant's breach of the
Employment Agreement, Shiver suffered damages in excess of$15,000.00, exclusive of
attorney's fees, costs, and/or interest
15. Pursuant to the terms of the Employment Agreement, Shiver was/Is
entitled to be paid the compensation due him under the Employment Agreement as set
forth in Sections 1(a), 3-8, and 10 of the Employment Agreement, to wit the remainder
of the compensation due to him for the remaining term of the Employment Agreement,
including, all of his bargained for compensation payable to Shiver is set forth in Sections
3 through 8 of the Employment Agreement, to wit (a) annual base salary in the amount
of$150,000.00;(b)an annual contribution of twelve percent(12%)of Shiver's base salary
into Defendants ICMA-RC Retirement Plan; (c) the Defendants executive insurances
package for himself and his dependent family members, or at Shiver's election in lieu of
5
receiving said benefits an additional $600.00 per month; (d) payments for Shiver's
disability insurance; (e)the premiums on a term life insurance policy with a benefit of two
(2)times Shivers base salary; and(f)all other fringe benefits, including, but not limited to
accrued holiday,annual and sick leave.
16. To the extent that the Court determines that Shiver's remaining
compensation is"severance pay"within the Defendant's rights, given the fact that Shiver
was not terminated for any of the permitted reasons, at the very least, Shiver is entitled
to twenty (20) weeks of"severance pay," as provided for in §215.425(4Xd),
which provides, in pertinent part, that the term "severance pay" as referenced in the
Employment Agreement, means the actual or constructive compensation, including
salary, benefits, or perquisites, for employment services yet to be rendered which is
provided to an employee who has recently been or is about to be terminated.'
17. Plaintiff has engaged the undersigned attorneys to represent him in this
action and has agreed to pay them a reasonable fee for their services and to reimburse
them for all costs expended in furtherance of said efforts.
18. In addition to the aforementioned compensation, the Employment
Agreement provides in Section 9 A(2)thereof that in the event of litigation to enforce the
terms of the Employment Agreement, the prevailing party shall be entitled to recover its
attorney's fees and costs from the non-prevailing party.
WHEREFORE, Plaintiff, BARRY E. MUKAMAL, as Chapter 7 Trustee of the
Bankruptcy Estate of Roy Steven Shiver prays that this Court enter a final judgment in
6
favor of Plaintiff and against the Defendant, THE GREAT CITY OF OPA-LOCKA,
FLORIDA, a municipal corporation:
a. finding that Defendant materially breached the Employment Agreement;
b. finding that Defendant's breach(es) of the Employment Agreement directly
and proximately caused damage to Shiver and Plaintiff, as his successor,
and that as the result thereof, Plaintiff is entitled to recover from Defendant
an amount within this Court's subject matter jurisdiction;
c. Awarding Plaintiff his reasonable attorney's fees and costs in connection
with the prosecution of this action; and
e. Granting such other relief as the Court deems appropriate and just under
the circumstances.
Respectfully Submitted thisday of August, 2018.
FRANK,WEINBERG & BLACK, P.L.
Attorneys for Plaintiff
7805 S.W. 6th Court
Plantation, FL 33324
Telephone: (954)474-8000
Facsimile: (964) 474-9850
By: r,
M' C A. SILVERMAN
•f
Fl... Bar No. 144444
/
7
EMPLOYMENT AGREEMENT BETWEEN
The Great City of O -locks,Florida AND Roy Stephen Shiver,City Manager
This Agreement, made and entered into this September chi. ,2015, by and
between The Great City of Opa locka, Florida, a municipal corporation
(hereinafter called "City") and Roy Stephen Shiver, (bereinafter called "City
Manager").
Section;t Term
A. The Initial Term of this Agreement shall be for a period of thirty(30)months from
September 2,2015 -February 2S,2018. After the expiration of the Initial Term,
the City shall have the option to renew the term of this Agreement for an additional
twelve(12)month period.
•
H. In the event that the City Manager is terminated, as defined in Section 9
of this Agreement, the City Manager shall be entitled to all compensation
that shall include salary, all accrued benefits including sick and vacation f `=.r
days and any unpaid car or expense allowances all as permitted by eeea „, 'r,r
Florida Statutes Section 215.425, which provides that severance pay
provided may not exceed an amount greater than twenty (20) weeks of
compensation.
Section 2: Duties and Authority
A. The City agrees to employ Roy Stephen Shiver as City Manager to
perform the functions and duties specified in the Charter for the City of
Opa-locks and to perform other legally permissible and proper duties and
functions without interference.
B.Tne City Manager is the cl-iief administrative officer of the City and shall
faithfully perform the duties as prescribed in the job description as set
forth in the City's charter and/or ordinances and as may be lawfully
assigned by the City and shall comply with all lawful governing body
directives, county, state, and federal law, City policies, rules and
ordinances as they exist or may hereafter be amended.
C,It shall be the duty of the City Manager to employ, direct, assign,
reassign, evaluate, and to accept resignations of all of the employees of
the City under his supervision consistent with the City rules, policies,
ordinances,charter,county,state,and federal law.
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Page 1 of 7
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•
D.It shall also be the duty of the City Manager to organize,.reorganize,and
arrange the staff of the City and to develop and establish internal.
regulations, rules, and procedures which the City Manager deems
necessary for the efficient and effective operation of the City consistent
with the lawful City directives,policies, ordinances,city charter,may,
state,and federal law.
E.The City Manager shall perform the duties,of city manager of the City
with reasonable care,diligence,skill and expertise.
P.M duties assigned to the City Manager by the governing body shall be
appropriate to and consistent with the professitmal role and responsibility of the
City Manager.
. G.The Casty Manager cannot be reassigned from the position of City Manages'to
another position without the City Manager's express written consent.
H.The City Manager or designee shall attend,and shall be permitted to attend,all
meetings of the governing body,both public and closed,or otherwise consistent
with state law.
I. At the direction of the City Commission,the City Manager may also serve as
the()pa locks Community Redevelopment Agency Executive Director.
Section 3: Compensation
A. Base Salary:City agrees to pay City Manager an annual base salary of$150,000,
payable at the same time that the other employees of the City are paid.
B. The City shall execute all necessary agreements on behalf of the City
Manager's retirement benefit participation in ICMARRC Retirement Plan.
(The City will pay an amount equal to twelve percent(12%)of the City
Manager's annual base salary).
Sect 4:Health,Disability and Life Ina wee Benefits
A. The City Manager shall active the City's executive insurance package for
himself and dependent family members;including health insurance(PPQ Plan).
other medical insurance available to other employees,life insurance,dirnbi ity,
vision,and mimetic dental insensate. At his option,the aty Manager can
receive the above stateed coverage from the My or is lieu of receiving the
coverage may receive per month.
B. The City agrees to put into force and to make required premium payments for
page 2 of 7
dieaWity coverage for the City Manager.
C. The City shall poly the mown of premium due for to mn life in mrance in the
amwmt of two(2)times the City Manages anal base salary,th dadhrg all
increases is the base salary,or m the City Manages option,the City agates to
pay the full amount of the prembmi doe for a Whole Ufa insurance policy with
a death benefit equal to the City Managea's base salary.
D. All provisions of the City C hart r and Code,and regulations and rue sc of the
City, relating to annual and sick leave, nniresnerat and pension system
holidays and other hinge Was (i.e. GAP insurance) and
working conditions as they now exist or hereafter may be awed,also shall
apply to the City Manager as they wound to other employees of the Cary; hi
addition to said benefits enumerated spedfi ally herein for the benefit. of the
City Manager. except as basin proeided.
Section 5: Vacation and flick
The City Manager shall accrue fifteen(15)sick leave days per year and'twenty- five
(25)vacation leave days pr year.
Seeder:6:Automobile
The City agrees to provide the City Manager with an automobile and foil coverage
automobile insure=during:the term of this Agreement.
Section 7:Retirement
The City shall execute oar behalf of the City Mongol's retirement benefit
perticipadon hr FRS(The Roddda Retirement Systehr}plan.
Section S:General Business Expenses
A. The City shall budget and pay for professional dues, travel, short courses,,and
,mire.
B.City shall pay for or rehnberse the City Manger for all ordinary,necessary sod
reasonable business expenses incurred or paid by the City Manager in
furtherance of City's objectives,all of which shall be reimbursed and paid hr
accordance with Otis policies and procedures of general application.The City
shall provide the City Manager with a credit card to be used by the City
Manager to pay for these expenses.
C. Recognizing the iinpottance of costing commtmicadon and mantimaxim
productivity, the City shall provide the City Manager a laptop comma',
Piga3of7
software, and a monthly allowance of one hundred fifty dollar ($150) for
mobile phone.
Section 9:Termination
A.This Agreement may only be terminated if the City Manner abandon his job
or is formally charged for criminal conduct. For the purpose of this
Agreement,termination shall occur:
1 .1t three members of the City Commission vote to tern:,i:eate the City
Manager in accordance with this Agreement at a properly posted and
duly authorized public meeting.
2. In the event a lawsuit is initiated to enforce the terms of this agreement,
the prevailing party shall be entitled attorney's fees and suit costs.
S.The City shall not reduce the base salary,compensation or any other financial
benefit of the City Manager and.if it does,such action shall constitute a breach
of this Agreement.
Section 10: Severance
Severance shall be paid to the City Manage- when employment is terminated.
without cause as specified in this Agreement and pursuant to Florida Statutes
5u:,215.425 ass stated Section I (0), in the amount of 20 weeks of salary not less
than forty-five (45), but not more than sixty (60) days from the date of the
termination and in equal bi-monthly installments.
Section 11: Re:si;;teasien
it either party terminates the agrwment,that party shall provide a minimum of thirty
(30)days'notice.
Section 12: flours of Worts
The City recognizes that the City Manager must devote a great deal of time outside
the normal office hours on business for the City,and to that end City Manager shall
be allowed to establish an appropriate work schedule. The schedule shall be
appropriate to the needs of the City and shall allow the City Manager to faithfully
perform his assigned ditties and responsibilities.
Section 13:Ethical Conunitniants
The City Manager will at all times uphold the tenets of Ethics.Specifically,the City
Manager shall not endorse candidates,make financial contributions,sign or circulate
Page 4 of?
patio,or participate fans-raising activities for individuals seeing or holding
elected office,nor seek or a ceps any pawed or profit derived from
confidential intermadon or misuse of public time. Provided, however, the City
Mamsgrrr may amend fundmi'ssera for isms at candidates.excluding City of Op*
locks issues or ldayodCaansaissiao seats.
The City shall support the aty Manager in keeping these commitments by refraining
from any ceder,direction or inquest that would tapes the City Manager to violate
the Code of Ethicsh. Specifically, neither the governing body nor any individual
member thereof shalt.requ est the City Manager to'endorse any candidate,make arty
financial co on,sign or chadate any lam,or participate in arty
activity for iadividuals seeking or bolding elected dice,nor to.handle any Matta of
persona
The City Manager shall comply with Chapter.1 12,Florida Stotates and section 2
11.i,Mimi-Dade County Conflict of Nernst and Code of Bodes.
Section 141:Outside Armes
The employment provided for by this Amt shall be the City M primary
employment.The City Msoager may continue to receive rettidnai compensation from
activities prior to this _Agmement. Recognizing that certain outside cwtaokiasg or
teaching opportunities provide induct benefits to the City and the community,the
City Manager may elect to accept limited teaching, tonsuidng or other business
opportunities with the understondiOS that end"'ae80gements most not create a
conflict of interest nor coons:Lime interference with his to sponsibilities under this
Agreement.
Sec on 15:Indemaifficsfon
A. The City shall defend,indemnify and pay ally or settlements in zegerd
to any personal liability arising out of and in the scope of the City Managers
responsibilities, to the Reheat extent authorized by Florida Statutes, and other
laws, and in accordance with the City Opa-locka Code of Ordinance, is
addition to any insurance purchased by the Qty. The City agrees to pay all
reasonable litigation expenses of the City Manger thrtmghout the pendency of
any City of Opa-locka lid to which the Cray Maur is a party as•a m sak
of ads or omission within the course and scope of bats employment,witness or
advisor to the City. Such expense payments shall condense beyond the City
Managers service to the City as long as litigation is pig.
B. Nothing is this section shall constitute a waiver of sovereign immunity or a
waiver of any other defense orimmunity to such lamb.
Page 5 of 7
c Nothing in this:ate deli create any private.right of action spine the
City by any third party.
D. Nothing in this section shall provide for any defense,indamdfiesion ere
payment if the City Manager acted in bad faith.with.malidous purpose,or in
a manner exhibiting•wanton and an'Sfal disregard of human rights,safety,or
•
Section 16 Bonding
The City shall bear the fall cost of any fidelity or or bonds required of the City
Maier under any law or ordinance.
Section 17:Other Terms and Conditional.ofBnnaley neat
A The city, only upon written agreement with City Manner, approved by
resolution,shall Fix,any inch other teams and conditions of ertpdoymetat.as it
may determine from time to thee, relating to the petformance of the City
Manager,provided such terms and conditions me ant inconsistent with or in
conflict with the provisions of,the City Owner,Ordinances or any sate,or
federal law.
B. Upon the tenoination of this Agreement for any mason,the City shall enter
into a separate Agreement with Roy Stephen Shiver,with a term of not less
than two(2)months for management Consulting nailing to the Madam of the
position of City Manager. and the compensatiaa shall be is the rate of
compensation,including all benefits as Roy Stephen Shiver received as City
Manager.
Section 1St General Frovi ens
A. integration. This Agreement sets forth and establishes; the entire
understanding between the City and the City Manager miming to the
employment of the City Manager by the City. Any prior discussions or
representations by or between the City and the City Manager are merged
into and rendered Quit and void by this Agreement The City and***City
Manager by mound written agreement,approved by resolution of the City
Commission,may amend any pnwision of'8ns agreement dating the life of
the agreement. Such amendmians shall be incorpaiatad and made a part
of this agreement.
B. Binding Effect.This Agreement shall be binding on the City end the City
Manager as well as their heirs,assigns,executors,personal representatives
and successors',sheerest.
I<stjs 6of?
G Effective D This Agreement eladi become efketive on
September JC,2015.
D. Severability. The imtalidity or partial invalidity of any portion of this
Agtee:nem will not aitlect the validity of any other provision. In the avant
that any provision of this Agreement is held to be invalid, the remaking
provisions slhrdi be doomed to be in fail force and eiteet as if trey have been
matted by both the City and the City Manager subsequent to the
expungement awl=dilation of the invalid psovi .
B. This contract shall be governed by the laws of the state of Plodda and
venue sand be in Miami-Dade County. Florida.
Read and Approved as to Penn,Language,Legality and Execution thereat
•
Vincent T.Brown,Seq.
The Brown Law Group,LLC
City Attorney
i / p
..�/' Executed on September `ice.2015
Myra T. ..,., •
City of Opa-.... FL.
• Executed on September C1,1 2015
• . Shiver
•
Page 7017
•
•
.i•- ;ate_, Iffy'
"*2 r a p
Office: 305•453-25lL
3035--S53-2823
Pax: 30S-453-2870
October 22,2015
Roy Stephen Shiver,Jr.,City Manager
City of Qpa-locks,Florida
City Hatt 730 Fisherman Street
Opa-lecka,Florida 33054
The Honorable Governor Rick`Scott Via Email:Riek.Scott@EOG.MyFlorida.com
State of Florida Governor's Office
400 S.Monroe Street
Tallahassee,Florida 32399
Re: City of Opa-locka,Florida,City Manager notice of financial urgency and request to meet
Dear Governor Scott:
On September 2,2015,just weeks ago. the Opa-locka City Commission selected and contracted
with me to serve as their City Manager. Now that I've had these weeks of experience here,I am
duty hound to inform you that t am extremely concerned about the City's current financial
position. I believe, under Florida Statute Section 21$.5033(1) and (2) — Determination of
Iina'ncial emergency,I must bring City's current financial condition to your attention;and, thus I
re4'uest a meeting with you or your staff at the earliest convenience next week.
Although I need to advise you Af the reality of the City's challenging financial condition, I first
went to point out to you some of the positive fiscal changes we've made for the city government
since nw hire. I want you to know that,as the new City Manager, and with the support of the
tilsy'or and Commission, 1 have been able to ;Haile significant inroads to quickly rectify our
financial condition.
Since my employment, I have and continue to take steps, with the Mayor and Commission. to
"right size the ship"and shore things up and,I describe some of those efforts below. However,I
want to be clear,the magnitude of the current financial situation warrants my notification as in
my professional judgment the City has triggered certain sections of F.S. Section 218.503 by the
following recent conditions:
t. Local governmental entities ... shall be subject to review and oversight by the Governor ..,
when any one of the following conditions occurs:
(b)The City's failure to pay uncontested claims from creditors within 90 days after the claim is
presented,as a result au lack of funds.
e I'11ALL 780 Fisherman SteuetOP:1-LOWXP,,FLORIDA szas4 pas)osa-2021
I'AN EQUAL o3PDit'rt:NTiM EMPLOYER fire'DOES NOT DISCRIMINATE ON Tiff:DARE OF HAND'I :? :Y•sx-3-•x4. .+.:W
l� J_
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. _�__ �_.._....._........_ w._.._.._.._.._..._...._ __ !��yyy t�._... ____ __w�..__ _ ... ,
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•
(c)Failure to trensilw at the appropriate time,duo to tads of fb
2, Employer and ernp loyee.con hibutious for:
b. Any...benefit plan of an employee.
blather,the City is currently battling triggering paragtaph(d)which
(d) Faihuae for one pay period to pay,due to lack of fimds;
1. Wages and salaries owed to low or
2. Retirement benefits owed to former employees.
On the positive side,while I walked into the City Manager position at budget time with an over
S900,000 budget gap,at our final budget hearing on September 29,2015,I ptesented a balanced
budget which the Mayor and City Commission adopted. It sally reduced our employee
position count by 22%saving over S1 million in personnel expenses. And,for the fiestas in
four(4)years,I was able to balance their budget without significant borrowing. My professional
team found an additional$400,000 in°pe ning ease reductions,as will as missed existing
revenue and ident1Ejring legitimate new revenues emoted this current it year of$600,000. To feel
comfortable with my recommendations,as my hire date was during the final stage of the annual
budget approval process,I immediately brought in outside financial consultants versed In dealing
with financial crisis,to ensure the accuracy and integrity of the data and Information used in my
proposed mid final adopted FY 2015-2016 budget.
However,as I state above,the City continues on the brink of'financial urgency and below,in MI
disclosure,are some additional facts.
Due to numerous changes in City Managers and top aWl poor decisions over t+ecent years have
led to today's for cash flow gists. The City remains glade:wed in paying its hills timely a4
every two weeks is challenged just to meet staff payroll needs. The past practice of(pra ble
transfers between City funds has,in part,led to ow new,unaudited financial segments showing
a "S3,839,24$ overdrawn cash liability" in our Oovegmtental Funds as of just this past •
September 30, 2015. Our annual City budget is small and such liabilities, although not
Impossible to overcome,make for an exttemely difficult short term financial thrum if we are
unable to negotiate and stay the coarse I have mapped out. The City's Fecal Year 2014 financial
condition was found to be deteriorating by our auditing firm, and reported in the 2014
Comprehensive Annual Financial Report(CAFR)not only for 2014, but also as a repeat audit ,
finding from their Fiscal Year 2013 finding. Our auditor stated In dui last(2014)CAFR that
"The City of Opt-Locke was not determined to be a Ibw-risk auditee" a pas*ive statement
regarding a very serious matter, in my opinion. In closing, I have inherited a city operation
when outside for e s and lack of consistent management have significantly imPacted the
financial health of the organization.While there is hope with the adoption of my recent balanced
and prudent budget,we r+espzectiidly ask that we be allowed-to work closely with your office to
ensure a financial oversight committee will not be necessary and we are able to continue to
follow a fiscally prudent path.
Sincerely,
Roy Stephen Shiver,Jr.,City Manager SShtver@ppalockeagov
Cc: Legislative Audit Committee via Email:RAC@Leg.Sta te.FL.ns
alY 78,iblumnan omit oRIKOCKat FI den tip vim=
AN EQUAL aapainaart @prrmatte !lIB09raritanallitiA tiOWENrt UM OvHANI:CAP
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'Tim Great City"
1: SPECIAL COMBESSION MEDWII;
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CITY OF OPA-1.0CKA
"The Great
CLERK"S AcriosSliNtMAISY:s1INLTES
SPECIAL CO:NIMISSION MEETTSI;
TUESDAY,'November 24.2U15
1110 A.;'rt.
Shistionsly VittAgs_.:Suditoriuin
Z15 PretitletrlDuratic.t)banta Avenue(Perviz;Avcour
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t. C.A.1.1.TO ORDER:
!..1,1pr;ultra L.T.tylor the meeting ordt: t 1..1.0:3.m. Trev.hty.Noreen:I. 2015
sin,the.,otiy VtLtp dftti.2 tes.ident 11.trZa.01t913(Pexvirj
1:1•:ritki
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fft f*t.towin.4 tr.erntA:n cs:the City C000niN.sinn !1/41>m L.Tayini.
ma•Asi C(thitiettithlet lentnee Centmiistheet.1.kit Sonth:gn,ANe
tft nreznat.to.:r vo::v..Coy Mitthaitee Roy Strohm Sbicer,:I.,City it*
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EXHIBIT \` ij v
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conga ash the chew.Mr add rawda dal►fru the nomeser duty dandd ast;diesetalsa
airy Chy Atasaey Stows aexW bare sipcd oil at a drama tatasess*se
rabic the thyOmar.
Ficar Oratenesitaw Donal Jc* i. 13754 NW 22 Place. stand off by.igpadiag
addtfsoacd dais to skins the Cbassikm.She said that her hem Is bray Wawa the
Coototheloo grab to hold die ssehee aceossable roe+abet is solos at Ws to Swam The
Chy toes yam to mother dii Woo float 2010t end tad gaan thank "038011*.Grid%
tidal die wean isew the soma.it learc apemY jYorOmroa.Wit said the CO Ow*on;
need as laepnr.bat a Sande milt She dis oat&to p w Waal Dade Caddy tastaegast s
teat a sal sappan jest Oka in 21003.Gaalegdel of the mama is as the homer.tbelabkas Des
*each ad anyone ee**City Cerasiaiaa.
Naaada Etvise.00 quo*!Ammo,acid aloft the wads of the eamadssity does not soma
Ware l atarthmisska twain the Teaks*a bed that dos Otyb hetdtwodweioIsis ,
job althea istaference.She said Os data is bebag snaky and dose in cadaat she*aid
Gads;while reaps*seraattto*sad*addnotbeabletotsaketheirmiopsaisasStsMier.
The aat beiaeeisdadthe saga is byres/stdaaadthepawedlimeadoaatba
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only daaOsatawlhsSb atddeakmaybednal;at she Colotada sobs aldosed,'There as
a swab bat*wants ad der made=rowed so sa a both the C1y;ad na a ttlag balk the
City aids m soft adds the dab.She salted this day tease alas maw algae read aka lit to
deWjab•
=windy are so the podia sad aogoated a transistor. Della.tCassaady. Greta
Japed her a Meath=a*testae.She said drags Invaded alto*the sate nt
the flay sod is skald a Wee homy and bast lad WI tad her oddisbca sway Iowa day went
soaked to the City.She said tin is ahhdtmtod*doss whoa the goes shoal are said toils
pal she as Sea Opo laaha•She add thetas Wsthad wbb a piskd.A*lad dies rsta.
shat le di ask the attar aigbt•to bat*aiy yang Os a teaidsat it bas meta both as bsd*1t is
acne.The;aag people me s bl$pat of the prnbleaa.tt seesad*ieg is not done sthmsa the
saaadea.the mats oat poeWtosd a snow owoy.
Outs Robots.UUm Raised Ssata,said that die traabls da as is stalag aaaw is ea nets 7tar
City Maager is being Waosed dir evarbilig that is alas as sod its fat tighe.She said that
nobody aeapa a►acts*der as the dais.Ravpset was hat yams ago sad it has a►hesewo ad:
llathatat S+tairrost, 523$Dead Awai.addea ►ed several imam ha the City.aad sold the
osmosesthat dm is&Aim Waco maketat shy ier by dab*AA jab.
Brian Dams.3135 NW 134*Sweat.said that is adds*peisoed is its•maaagmt'(coarees:
sad dos is hosed as the chatter.r.Ito infesenced section A and C Dias mad mearrais City
Wasp*Shiws's thries.'dhe eta n ao trtatsaots the tar frost The Charter.is said the when
ttaeat is pros playing Maws*of=playa*who tabs ahem With Coaaoltdoeeca said Waksg
rains.not ss sa Ask re the anpioaaes that we W ip laid rat The Chaser and de aloe earn
2
srm a mewils•awrrMMM..•taR4 OS
•
• s.,..
•
doe the trentese la in d tpa of the dry to day oyanatarts at tba City.Thera Jett hero Ise City
Mmmyer i la Os hat bus)has bdeg terminated bill cwt Ghee bwsdaed thawed*dies in
menu(S300.000.00).This Cdr hirstaga*oat be die seal.1 J*et the City maws Sett.
Reddest sates fitter.BaGtoysms emote Sot.i!ie said rhea ant or too year employees timid em
tsar priority over wane employees.
ldsfor Taylor Masked everyone that bad glen thdt comments taad asaleotan-darity china
bleu-
6. R ESOLUTTOld:
ter) A hiSSOL rl70itt OP TUX CM (X)MMIpK ON SHE MT Olt OPA•
T.00RA.PLOBWDA TSISMINALTINIII'LIMIIMlldiOVIWEITTAGSSE R11114 0•1
STEVEN m !'7 MHG WOk @SCD lAIION OP ESC1?AL3t1 PWWInNO
FORAM ii:PFBCDVE DA.12.03tansoerdOp MayarTayhrr.
The abase readedna war wad by City Attenaey Snare.
Maw Taylor yawed the pod over to Vice Mayer dolma bores the sponsored this
tentimoae eadma ma two.
6 wan wowed by Cmtaniseian t Sandazot sad aeaomiod by Mayor Taylor to pus the
diaper Talks said doe k het boa aid that that bias a*dead came nab tip Mhmogee Shiva.
hawser she does net Snow his ametgritsa have a'padsnool teems with lire so tied isora the code.
it is Maw Skiver oat itiodedion is 1is halessrte tiro stylny abet he
to he Cbtostisetaa anseeedteg to The Clow The
maws node loons fed daemons adive need the*tweed&eoememear to tame la tad seta
ova the Ciq."'The:City is not the floe City at be In a Ownedl sitbsaios.and it will amt ba'tbe
lad'.The City did nos do the opportunity to Pit a rowdy Plea io babG she Clay hack,is Ilea
with fli some.The Infaawetiea was seed drektis to Talialsresae and that the mat rand
nee adtceu d.
Ste awed dot if sso avesetgia is pissed tat the City,edagabudiea it game.the Carthaindat in
peak and the staee*lima esety ng./hallow seal a doer aging what itrrsa the City wanted
them as do The snit wants the City to give than a plea to mills retainer The Owner hat
be*Mated aw avete)Croats with this mateeyer and eveaythisot that be is posies eat there.
Bath the dais and the tamps kotw eater an ado to blow The Corer and the matneter is ant
delay wt.She=id that aaa of bas redesssx:add her eat It arno Aalap is potpp ss be Ow.it
scede to be dome sow.
She Study expressed the she eanaa and area tat stock with the ssn .ter.He does net west to
het;anew when anti=was pin ass he neeaer saw caw to her=dada how they add meth ass
wtaierertbe iota.it.Site tepestad than the them and will emit watt whit City Mow Shiro.
3
swaawsementsamow+a..tgs;Uemt
Contadmionat Sam**odd thre be dome oat tnteaoead wby ire ante told that inetphing nom
day ebb the bodies and that me m to tied oat b is now*mad that he is reads to*ft sot the
VI*Mayor)foimee mid that be 4ueseI$aadassa deli*Ida pie*saylesthattheirbein it as
sad tar dm aaeeegrt*co be Jost mom them,.ear when Edda Ether woo tea Meeetleerbe
moat*fetry mane&lbw dams t3 A00. r«dte($6.000Z000.00)
i a:be a�e o thr.rneedathiand swa
their beane meet s d when be let).
Ile
said that City Mstaget Si*we athvdd Awe come w the Caaeokeko aid htley them
dometw mtam*whet:betterbeendoingto*Me the eandukta width*ugh*oTtiyeCoy.
Ha said that bedice ant woe8*yet Om*bp bell dose.Kr vomit to knew why metyme't
Men is so Work The son soli dal afro oeaeoi wroth with the atwe x altd Kin bat the yraw r
•
to do wenbleg them the shad=Ito will do so.$e dace not want to come to ameibig slmr
medley and den mebar Awgag►ta mound.
Them Way no ember discusses.the=than pawed bye 3.1 tone.
vice Myer Holmes Yen
Coandadona Halley Noe Pomo
Comotheionet Panda No
Com isdoateSa theto Yes -
Mayor Taylor Yes
(b) A REVOLUTION OP THE CM ameasson pit THE CITY OF OPA*
WCKA AFFOIN ING AN alt[ MY *MGM PROYIaNG FOR
DICORPORATION OP I TALI& PROVIDLNO FOR AN smarm DATE.
Spectond 1•1 Harm Ttha
'rIw above omebeloa son read by City Aaomoy Stowe.
it was woad by Comer Sasebo sod saes td by(Uarotiermter Pteder to pits the
acsole inn.
Mae helm ca bother dir ttakm.thematioepas odbys4-Cvow.
Commissioner bonny Ni i Plasm
Ca+mmBWmaP4ader Yet
Comairsioner Seetiego Yet
Vice Mapes Mesas Yrs
Moor Yen
lel A RESOLUTION OP THE CITY C O SSION OP THE am OF OPA•
LOCKA.FLORIDA.MIMING RESOLUTION 13A0d9.DEIXTING ROY STEVEN
SHIVER AS SIGNATORY A:40 ADDING DAVID CSHVERTOK WHOM CITY
4
40440coasr,.ww.aso.40.401411/414
MANAGER); PROVIDING FOR DWORRORATION OF IIIiCITAIES THE
MR AN EFFECTIVE DATE Spewed by Mayas Tesler.
Theatres'idealutton was road by by Awing theme
k was moved M Crunnisekerx Pander mod wended by Larteninshmor Stodge to pads.the
realnints
nett WAS co Nailer divatssiga,die modes mood by a 4.0 root.
Cata4met Phu* Yes
Viol Hew mid Yes
( X*y NePtrroat
, isigar Taylor 'Yet
fd) A RESOLO11ON OF THE OTT CONISOSSION OF THE OTT OF t3PA
LOCEA. FLORIDA, TO Alm THE ern C►tISS3ON R MGR
AUTHORIZED Pte} TO OPERATE AS A BOARD OF NOW NM
cum=AND PROSPECtIVE FISCAL STATIH AND stasoteatitwaTettS OE
THE OTT PURSUANT TO ARTICLE THI secnon ]f!) OP TOR FLORIDA
cote 7TI'CTTbN AND ARTICLE R SECTION 33(S}OH Fit manta OP T@E
an OF OPA PROVIDING FOR THE APPOINTMENT OF HBAIONts
OFFICER:CONVENING TtlE WARD OP INQUIRY......».._ ...�..,_,,.,,..,t
PROVIDING FOR DICORfORAT ON OP RECITALS FROVUm G FOR AN
Efl1 CTIVEDATSpaeaosedbrCooNadunoePfeees
Thcdasvarasebukn*OS read try ChyMaradyRoma
I was stored by Cicrnmksioner Nader and sotanded by Orterandotor Stodge.
Vice Meyer N c 4 e a e s asked Cernaussicou Pander if t h e moimicn ma h e told off o d after the
Cotendssiaarr mid that Is flat with bins but warted wannsd skis they vote ea Is wet COO*hack
with t e pa:t rota*et a Ltardetc QarithIn Need days,.
edger leper greed with vice Mayor tfobaas.
City Attorney Stew*wants to detify riot the only atilt that Is brine bss s be Met Itt the west
moony is appointing a healing examiner end de date end time that the boast will coaweaa.
Thou brig no further di sljoth she mane paled by*3-1 apse.
Cturantarioaos Samlogu Yes
Vie Mayor Nokia No
Ss.ra...a+rwra..u.N.emw-stfaasa
Comadditand Kelley Not Patlarit
Aaron Pada Ye
Mord Issitor Yes
7. ADJOURNMEPtt
TbasWag to Wow dramas'vmabalm deems.b du maid by Omanissiottar
Pis*:soil seaddedb}Om lass Swinge mt , , td Iltapra.
ATTEST
i $ .
Y
4 .