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HomeMy WebLinkAboutR-2001-215 ® RESOLUTION NO. 2001-215 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN EMPLOYMENT CONTRACT WITH IVAN PATO TO PROVIDE FOR HIS EMPLOYMENT AS THE CITY MANAGER; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the City Commission of the City of Dania Beach, Florida, as prescribed by Part III, Article 3, Section 3 of the City Charter, announced its intention to enter into an employment contract with Ivan Pato as City Manager of the City of Dania Beach, Florida as authorized by such provisions of the Charter, pursuant to Resolution No. 2001-197, adopted on October 23, 2001. Section 2. That such Resolution provided that the contract shall not be executed on behalf of the City until a public hearing concerning the contract had ® been conducted by the City Commission, such hearing to be held on November 13, 2001, at the regular City Commission meeting beginning at 7:00 p.m., and such meeting to be held in the City Commission Chambers of City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida. Section 3. That the City Clerk was directed to publish notice of the public hearing once in a newspaper generally circulated within the City, such notice to be published at least five (5) days before the hearing, and such notice was so published. Section 4. That after a public hearing was conducted and concluded at the November 13, 2001 City Commission meeting, the City Commission was, pursuant to the terms of the City Charter as specified above, empowered with the authority to execute the subject contract. Consequently, by virtue of the authority of this Resolution, the proper City Officials are authorized and directed to execute the Contract, which shall contain the terms and provisions as approved by the City Commission. ® Section 5. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 6. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on NOVEMBER 113, 2001. ATTEST: PATRICIA FLURY MAYOR — COMMISSIONER CHARLENE JO SON CITY CLERK ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES COMMISSIONER MIKES - NO VICE-MAYOR CHUNN - YES MAYOR FLURY - YES APPROVED AS TO FORM AND CORRECTNESS: 0 BY: \ , /4A � THOMA J. ANS PO CITY ATTORNEY 2 EMPLOYMENT CONTRACT CITY MANAGER THIS IS AN EMPLOYMENT CONTRACT (the "Contract") entered into on wb ` 2001, between THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation of Florida (the "City") and Ivan Pato, an individual (the "Manager"), jointly referred to as "the Parties". WHEREAS, the City Commission of City (the "Commission") desires to employ the services of the Manager as City Manager of the City of Dania Beach, Florida pursuant to Part III, Article 3, Section 3 of the City Charter; and WHEREAS, the Manager desires to accept employment as City Manager of the City of Dania Beach; and WHEREAS, the parties desire to set forth in writing in this Contract the terms of employment with the City; In consideration of the mutual covenants, terms and conditions contained in this Contract, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree as follows: Section 1. Duties of the City Manager. Manager is employed by Commission to act as the City Manager, to exercise the powers and perform the functions and duties specified in Part III, Article 3, Section 4 of the City Charter and undertake such duties as are otherwise prescribed by the Commission from time to time. Section 2. Term. 2.1 Manager agrees to remain in the exclusive employ of City from the date of complete execution of this Contract until March 11, 2003 (the "Term" of employment), which date is the date of the next regular municipal election of the City and Manager agrees neither to accept other employment nor to become employed by any other employer until such termination date, unless the termination date is altered as provided below. 2.2 Nothing in this Contract shall prevent, limit or otherwise interfere with the right of the Commission to terminate the services of Manager at any time, subject only to compliance with the provisions set forth in Section 3 of this Contract. It is understood between the parties to this Agreement that Manager shall be generally considered an "at-will" employee, subject, however, to the terms of this Contract. • • 2.3 Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the Manager to resign at any time from his position with City, subject only to compliance with the provisions set forth in Section 4 of this Agreement. Section 3. Termination and Severance Pay. 3.1 In the event the employment of Manager is terminated for convenience by the Commission before the expiration of the term of employment as set forth in Paragraph 2.1 of this Contract and during such time the Manager is willing and able to perform his duties under this Agreement, then in that event City agrees to pay Manager a lump sum cash payment (the "severance compensation") equal to three (3) months of aggregate salary, as well as benefits and applicable insurance coverages for the three (3) month post-employment period. In the event Manager is so terminated as specified above with less than three (3) months remaining in the term of employment and during such time Manager is willing and able to perform his duties under this Contract, then in that event City agrees to pay Manager severance compensation equal to the balance of payment for services that would otherwise be performed by Manager for the period of time remaining in the Term, as well as benefits and insurance coverages for such period. In either case of termination as described above, Manager shall also be compensated for all earned and accrued sick leave, vacation leave, holidays, and all other benefits which accrued up to the date of termination. 3.2 The Commission may terminate the employment of Manager for convenience at • any time, with or without notice and with or without any reason or reasons given. The Commission agrees to afford the Manager a public hearing regarding the termination, which shall not be considered a matter of "right" of Manager, if either Commission, Manager or both wish to conduct such a hearing. 3.3 In the event that the Manager is unable to perform his duties as specified in Section 1 of this Agreement for an extended period of time for any reason including disability, as certified by a physician, or death, this Agreement shall be deemed terminated. In the event that the Agreement is terminated under this Section, the severance compensation specified in this Section shall not be applicable, but the City shall pay the Manager or his beneficiary all accrued sick and vacation leave. Section 4. Resi nation. In the event Manager voluntarily resigns his position with City before expiration of the Term of employment, then Manager shall provide the City Commission with at least two (2) months' written notice in advance, unless the parties agree in writing otherwise. In the event of resignation by the Manager under this Section, the Manager shall not be entitled to receive the severance compensation described above, nor any insurance coverages, but the City shall pay Manager all accrued sick, vacation and other leave calculated at the rate of pay in effect upon the date of the resignation. • 2 • Section 5. Salary and Annual Evaluation. 5.1 The Manager shall receive an annual salary of $92,000.00, payable in accordance with the same payment procedures for Department Heads of City. 5.2 Manager shall receive all other benefits of employment otherwise provided to Department Heads of City. 5.3 The Commission shall, at its option, review and evaluate the performance of the Manager after six (6) months of employment (as an "Initial Evaluation") and another evaluation shall be held within one (1) year from the commencement of services under this Contract. Based upon the results of any evaluation, the Commission may in its sole discretion adjust the Manager's salary, benefits or both. Nothing in this Section shall limit the ability of the Commission to evaluate the performance of Manager more frequently. Section 6. Retirement Benefits. 6.1 The City shall allow the Manager to participate in the General Employees' Retirement System retirement plan available to other Department Heads of City. The Manager may, by providing written notice to the City Finance Director, elect to have the City pay funds equal to the amount that would otherwise have been contributed to the plan by the City on the Manager's behalf and deposited in a deferred compensation plan of the Manager's choice (as provided by Section 18-29.l(a)(5) of the City Code of Ordinances). 6.2 Upon the Manager's termination or resignation, the City shall transfer ownership to the Manager of his share of the plan's funds. Section 7. Insurance Coverages. 7.1 The City shall pay the premiums for the Manager to participate in the same insurance plans as are provided to other Department Heads of the City. Section 8, Automobile Allowance; Use of Automobile. 8.1 City shall pay Manager a vehicle allowance in the amount of Five Hundred ($500.00) Dollars per month, effective and retroactive as of October 9, 2001. On or about January 1, 2002, in lieu of such an allowance, City agrees to purchase for Manager's use a Ford Crown Victoria or comparable automobile. Section 9. Hours of Work. 3 • 9.1 It is recognized that Manager must devote a great deal of time outside of normal office hours to business of the City, and to that end the Manager will be allowed flexibility in maintaining office hours consistent with his responsibility as a professional. Manager shall not engage in any outside non-City related business whatsoever. Section 10. Professional Development. 10.1 City agrees to pay the professional dues, subscriptions, travel and subsistence expenses of Manager for professional participation in meetings associated with his employment and professional development and associated short courses, institutes and seminars. Travel must be approved consistent with the policy of the Commission which requires advance Commission approval for travel, except in cases of emergency, in which cases approval by the Commission must be subsequently obtained. 10.2 Manager shall obtain advance approval from the Commission for each membership that the Manager seeks to have paid at City expense. Section 11. General Expenses. 11.1 City shall bear the full cost of any fidelity or other bonds required of Manager under the Charter, any law, ordinance or as may be required by any entity to allow Manager to conduct City business, such as compliance with the bonding requirements of a financial institution.. 11.2 The Finance Director or designee is authorized to disburse funds to pay amounts charged by City Manager on a credit card to be issued to him by City for use for personal expenses associated with his City employment. Section 12. Indemnification. 12.1 City shall defend, save harmless, and indemnify Manager against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Manager's duties. City in its sole discretion will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered on or in it. This indemnification shall extend beyond termination of this Agreement for any acts undertaken or committed by Manager in his official capacity, regardless of whether the notice or filing of a lawsuit for such tort, claim, demand, or other legal action occurs during the term of this Contract or occurs subsequent to termination. City shall have the exclusive right to appoint legal counsel for all purposes associated with the provisions of this Section. • 4 Section 13. Conflict of Interest Prohibition. 13.1 Manager shall not, without the express prior written approval of the Commission, individually, or as a partner, joint venturer, officer, shareholder or any other similar position of any kind or nature whatsoever, invest or participate in any business venture which conducts or intends to conduct business within the corporate limits of the City, except for stock ownership in any company, the capital stock of which is publicly held and regularly traded. 13.2 Except for purchase of a personal residence, Manager shall not own or invest in any real property within the corporate limits of the City, without prior notification to and advance written approval by the Commission, which approval may be withheld by the Commission in its sole discretion. Section 14. Other Terms and Conditions of Employment. 14.1 The Commission, in consultation with the Manager shall fix any such other terms and conditions of employment as the Commission may determine from time to time, relating to the performance of Manager, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Contract, the City Charter or any other law. 14.2 In addition to the benefits identified in this Contract, City agrees to provide Manager with any and all other benefits that apply to all Department Heads of the City. Section 15. General Provisions. 15.1 This Contract contains the complete understanding of the parties and supercedes any oral statements or representations made by the parties. This Contract shall not be amended unless the same formality is observed as was used in the formation of this Contract. 15.2 The rights and obligations granted in this Contract are personal in nature and cannot be transferred or assigned by the Manager. 15.3 This Contract shall become effective upon execution by City officials on behalf of the Commission after a public hearing has been conducted as prescribed by the City Charter. 15.4 If any provision or any portion of this Contract is held unconstitutional, invalid or unenforceable, the remainder of this Contract or unaffected portions of it shall not be affected and shall remain in full force and effect. 15.5 This Contract shall be governed by Florida law and venue for any litigation arising from this Agreement shall be in Broward County, Florida. 5 15.6 In any litigation arising out of the terms of this Contract, each shall bear its own attorney fees and costs. 15.7 Manager and Commission each had assistance of legal counsel or the opportunity and means to retain such assistance in connection with the preparation and review of the terms of this Contract and none of its provisions shall be construed more strictly against one party or the other, since the Parties mutually negotiated the terms of this Contract and it was prepared in writing accordingly. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first above written. CITY OF DANIA BEACH, FLORIDA ATTEST: BY: Mayor-Commissioner BY: Charlene Johnso ity Clerk APPROVED AS TO LEGAL SUFFICIENCY: BY: Thomas J. Ansbro, City Attorney Signed, sealed and delivered CITY MANAGER in the presence of the following witnesses: V V11 Print Name an P o Signature A/t//'/c c1, Print Name Signature 6 STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me on NOV. 8 , 2001, by Ivan Pato who is ersonally known to me or has produced as identification and did (did not) take an oath. Notary Public, State of orida p1q, Linda G. Frry� My Commission Expires: ComraWm#CC 76798(► Ac Expires .16,2002 BONDED THOU ARM=BONDING M.INQ § 18-29.1 DANIA CODE provided by this plan. Such an employee shall have the right to become a member of the plan at a later date and receive credited service pursuant to subsection(d)below. Membership in the plan shall be optional for persons appointed to the position of city manager.As an alternative.to membership in the plan, the city manager may elect to Have funds equal to the:amount that would otherwise,,be,contributed to the plan by the city on his/her behalf, deposited into a deferred compensation plan of the city manager's choice. (6) (a) Each elected public official in office on October 1, 1984, may elect not to become a member of the plan, in which case he shall be forever barred from future membership in the plan. This election by such elected public officials must be made by December 31, 1984.Any such elected public official who elects to enter She plan and who could have been a member of the prior plan(which was in effect up to June 23, 1981) but declined to join said prior plan shall have the option of buying back his service prior to October 1, 1984. The amount and terms of this buy back shall be according to subsection 18-29.1(d)(2). In the absence of this buy back, service credit for such elected public officials shall commence on October 1, 1984.Any elected public official in office October 1, 1984,who was not eligible for membership in the prior plan shall receive service credit prior to October 1, 1984, without the requirement of buying back such previous service. (b) Each elected public official whose initial term in office commences after October • 1, 1984, shall become a member of this plan on a mandatory basis,just as is the case for employees of the city. (c) In no event may an elected public official whose initial term in office begins later than his fifty-fifth birthday become a member of the plan. (b) Application for membership. Each person eligible for membership shall complete an application within forty(40)days after his date of employment or,if later,after the date he first becomes eligible,the form of which shall cover the following points,as well as such other points or items as may be prescribed by the board: (1) Acceptance of the terms and conditions of the plan and trust; and (2) Designation of a beneficiary or beneficiaries; and (3) Agreement to make employee contributions during the period of membership; and (4) Provision of acceptable evidence of his date of birth. (c) Change in designation of benejciar,,. A member may from time to time change his designated beneficiary by a written notice upon forms provided by the board, signed by the member and witnessed. Upon such change,.the rights of all previously designated beneficiaries to receive any benefit under the plan shall cease. All such forms shall be filed promptly with the board. (d) Regarding prior credited service. (1) For members of the prior plan as of the amended plan effective date who-have made contributions since first eligible for prior plan coveml;c, no repurchase or buy back of past service is or will be required; credited service as regards such employee shall be, granted from date of employment. Supp. No 5i 1092 PENSIONS AND RETIREMENT § 18-29.1 (s) Actuarial equivalence or actuarially equivalent means that any benefit payable under the terms of this plan in a form other than the normal form of benefit shall have the same actuarial present value on the date payment commences as the-normal form of benefit. For purposes of establishing the actuarial present value of any form of payment,other than a lump sum distribution, all future payment shall be discounted for interest and morality by using seven(7)percent interest and the 1983 group annuity morality table for males, with ages set ahead five (5)years in the case of disability retirees. In the case of a lump sum distribution, the actuarial present value shall be determined on the basis of the same mortality rates as just described and the Pension Benefit Guaranty Corporation's interest rates for terminating single employer plans which rates are in effect(a)ninety(90)days prior to the member's date of termination if distribution is made within six(6)months of such date of termination,or(b) nihety.(90)drays prior to the distribution date if distribution is made later than six(6)months after the member's date of termination. (Ord.No.268, §2,6-23-81;Ord.No.20-84, §§ 1-4,9-11-84;Ord.No.30-84,§ 1, 12-11-84; Ord. No. 17-86, § 1, 4-8-86; Ord. No. 20-94, § 1, 12-13-94; Ord. No. 10-95, § 1, 10-10-95) Sec. 18-29.1. Membership. (a) Conditions of eligibility. (1) All employees already covered under the city's prior plan on the amended plan effective date shall automatically continue participation under the amended plan and trust without any further action being required, except for completing the application for membership described in subsection (b) of this section. (2) All employees not covered by the prior plan on the amended plan effective date shall be eligible for membership as of the amended plan effective date upon meeting the requirements set forth in subsection (b) of this section. (3) All employees hired after the amended plan effective date shall be eligible for membership as of their respective dates of full-time employment upon meeting the requirements set forth in subsection (b) of this section. (4) Effective September 1, 1973, all present employees as a condition of continued employment by the city shall become members of the system whether or not they have completed one year of continuous employment. All future new employees shall become members of the system, as a condition of employment, on date of hire by the city. (5) Membership in the plan shall be mandatory as a condition of employment with the city; provided, however, (i) that any person who is an employee on the amended plan effective date but who is not already a member of the prior plan may elect not to enter the plan, in which case he shall riot be eligible for any of the benefits provided by this plan; and (ii) that any employees who were excluded from the plan because of age at the time of their original employment but who subsequent thereto have become eligible and qualified to participate and be a member of the plan may elect not to participate in the plan, in which case they shall not be eligible for any of the heuefits "upp No 57 1091 CITY OF DANIA BEACH MEMORANDUM TO: Mayor and Commissioners Ivan Pato, City Manager cc: David Keller, Finance Director Charlene Johnson, City Clerk FROM: Tom Ansbro, City Attorney DATE: November 1, 2001 RE: Proposed City Manager "Employment Contract" Attached is a copy of the referenced Contract. It may only be "executed" after the public hearing tentatively scheduled for the November 13, 2001 regular City Commission meeting has concluded, as prescribed by the City Charter. Also attached is another copy of the "outline" previously furnished to you at the Workshop meeting, at which the Contract and its terms were recently discussed (City Commission Workshop meeting of October 18, 2001). Please recall that at the Workshop Meeting, there did not appear to be any definitive direction given for inclusion of a "Termination (or Suspension) for Cause" provision, which would allow the Commission to terminate or suspend employment, with or without pay, for the alleged commission by the Manager of an offense (usually one ultimately resulting in conviction of a crime involving "pecuniary gain" or "moral turpitude"). As the Contract draft is currently written, in a "worst case" scenario, if the Commission wished to terminate the employment of the Manager "for cause", payment of three months' severance will be required by the Contract. Mayor and Commissioners Ivan Pato, City Manager November 1, 2001 Page 2 It may be advisable to include a definitive provision, e.g., allowing the Commission to terminate or suspend employment for cause, for "ultimate conviction of a felony, whether or not adjudication is withheld, involving pecuniary gain or moral turpitude". A number of other Contract terms may require elaboration or refinement, but those matters can be addressed at the upcoming public hearing (November 13 Commission meeting). TJA:slw Attachments • City of Dania Beach, Florida City Manager Employment Contract - List of Terms 1. Duration : (per City Charter, Part III, Article 3, Section 3: "The employment contract shall not be for a period which extends beyond the date of the next regular municipal election subsequent to the date of execution of the contract." (March-11, 2003)) 2. Compensation: $ a) Salary (and when paid, i.e., how frequently) b) Other (e.g., "Deferred Compensation" as % of salary) 3. Termination: a) For cause (e.g., conviction of a crime) Crimes 1. involving pecuniary gain 2. moral turpitude 3. any felony, misdemeanor or both 4. Whether or not adjudication is "withheld" b) For convenience" 1. How much advance written notice by City (days, weeks or months) Note: Per Charter: no right to a public hearing ("clear the air") if contract not renewed or terminated 4. Suspension for "Just Cause": a) with pay, or b) without pay - e.g. arrest; what type(s) of offense(s): "pecuniary gain", "moral turpitude", both? any arrest or indictment? 5. Resignation: How much advance written notice to City (days, weeks, months)? No severance to be paid Payment of accrued leave, benefits only? any continuation of any insurance coverages? If so, 1. which? 2. how long? 6. Severance: Applies if terminated for "convenience" only a) how much "compensation"? b) how paid? 1. lump sum, or 2. regular pay periods c) how long? d) any insurance coverage(s)? 1. which? 2. how long? 3. until re-employment? 4. time certain or until re-employment, whichever first occurs? 7. Automobile: a) Full use of City vehicle? Who pays fuel, oil, repairs, maintenance, property damage and comprehensive liability insurance? Who selects (model, make, options, warranty) or b) Car allowance. Amount: $ 8. Vacation Leave Sick Leave Holidays Longevity Other . 9. Personal equipment: a) telephone (cellular) b) laptop computer, "Buy-out price" if contract terminated for any reason c) other? 10. Performance Review: a) how often b) criteria 11. Insurance a) Life b) Health 1. Dependent(s) c) Disability 1. Short term 2. Long term d) Dental 1. Dependent(s) e) Physical Examinations 12. Hours of work a) Minimum number for City? b) Maximum number non-City? c) Exclusively work for City - no outside employment? 13. Residency a) If moving expenses 1. Closing costs (out of pocket) for current home, new home, or both? 2. Movers' expenses 3. Other 14. Duties: a) Per Charter b) Per Code of Ordinances c) Other - specified? d) Others assigned by City Commission "from time to time" 15. Professional Development a) Membership(s): fees, dues 1. What organizations b) Seminars c) Travel d) Subscriptions 16. Retirement Benefits . 17. Indemnification; Bonds 18. Conflict of Interest NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED RESOLUTION: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on November 13, 2001, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission room of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Resolution entitled: A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE CITY COMMISSION TO ENTER INTO AN EMPLOYMENT CONTRACT WITH IVAN PATO AS CITY MANAGER; PROVIDING FOR A PUBLIC HEARING TO BE HELD ON NOVEMBER 13, 2001 PERTAINING TO THE TERMS OF SUCH CONTRACT BEFORE IT IS EXECUTED; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of that Resolution and the proposed Employment Contract are on file in the office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal working hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed Contract. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the • proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact Charlene Johnson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 (954) 924-3622 at least 48 hours prior to the meeting. /s/ Charlene Johnson, CMC City Clerk Sun Sentinel 11/06/01 WEISS SEROTA HELFMAN PASTOBIZA & GUEDES, P.A. ATTORNEYS AT LAW NINA L. BONISKE BROWARD OFFICE JOHN R. HERIN, JR. JAMIE ALAN COLE 3107 STIRLING ROAD, SUITE 300 CHRISTOPHER F. KURTZ EDWARD G. GUEDES FORT LAUDERDALE, FLORIDA 33312 PETER A. LICHTMAN STEPHEN J. HELFMAN KAREN LIEBERMAN* GILBERTO PASTORIZA MATTHEW H. MANDEL JOSEPH H. SEROTA JAMIE ALAN COLE BERNARD S. MANDLER' RICHARD JAY WEISS MANAGING SHAREHOLDER-BROWARD,.OFFICE ALEXANDER L. PALE NZUELA-MAURI DAVID M.WOLPIN %� ANTHONY L. RECIO STEVEN W. ZELKOWITZ GARY I. RESNICK* TELEPHONE (954) 763-4242 NANCY RUBIN' TELECOPIER (954) 764-7770 DANA S. SCHWARTZ THOMAS J. ANSBRO' WWW.WSH-FLALAW.COM GAIL D. SEROTA' LILLIAN ARANGO DE LA HOZ' ARI C. SHAPIRO MIAMI-DADE OFFICE ALISON S. BIELER JEFFREY P. SHEFFEL MITCHELL A. BIERMAN 2665 SOUTH SAYSHORE DRIVE • SUITE 420 FRANCINE THOMAS STEELMAN MITCHELL J. BURNSTEIN MIAMI, FLORIDA 33133 NANCY E. STROUD* ELAINE M. COHEN TELEPHONE (305) 854-0800 • TELECOPIER (305) 854-2323 SUSAN L. TREVARTHEN DOUGLAS R. GONZALES CARMEN I. TUGENDER GERALD T. HEFFERNAN* OF COUNSEL DANIEL A. WEISS' October 25, 2001 0 cs Rosa Johnson r_') CI USB Public Records ? P.O. Box 1489 Tallahassee, FL 32302 G? ... rn c�+ Re: Background Check for Ivan Pato Dear Ms. Johnson: Enclosed please find a check in the amount of$15.00 payable to FDLE in order for you to process a background check on the following individual: ' Name: Ivan Pato, New City Manager of Dania Beach Sex: Male Race: White FpLE foumt .gt' ;1ovida (�riminai histon� ba ,: d can the information Date of Birth: 11/22/41 provided. No :orir inai record check was cove ted for other states or for Social Security Number: 134-34-9464 the FEa1. CITY OF DANIA BEACH MEMORANDUM To: Tom Ansbro From: Karen Lieberman Date: November 13, 2001 Re: Background Investigation for Ivan Pato Tom, we were asked to obtain a background check for Ivan Pato. We submitted the request to the Florida Department of Law Enforcement (FDLE). FDLE's check was confined to the state of Florida. FDLE found no Florida criminal history. You were not sure how extensive the "check" was intended by the Commission to be and you asked if there is a procedure for conducting a"nationwide" background check, in case that is what the Commission expected. I spoke to Tonya Goelz at FDLE's Background Investigation Department. She explained that an FBI rule mandates that a nationwide background check will only be conducted when requested by a state agency (such as Florida FDLE), when a state law (e.g., a Florida statute) or public law (such as the Public Housing Law) provides that a nationwide search must be conducted in order to hire an applicant for a particular job or position. She also advised that it is possible to conduct individual "state by state" investigations. She has contact numbers for most states, although about half of the states are classified as "not a public records state" (e.g., California). You mentioned that you would want to report to the Commission on the above. If you need any further information, please let me know. Thanks. KL:slw 566.001 Ms. Rosa Johnson October 25, 2001 Page 2 Please forward the background check to the undersigned. Thank you for your attention to this matter. Very truly yours, Karen Lieberman KL:slw 566.001 WEISS SEHOTA HELFMAN PASTORIZA & GUEDES, P.A.