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04-23-92 Special " . CITY OF DELRAY BEACH, FLORIDA - CITY COMMISSION SPECIAL MEETING - APRIL 23, 1992 - 5:00 P.M. CITY MANAGER CONFERENCE ROOM AGENDA Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons 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. The City does not provide or prepare such record. Pursuant to Section 3.07 of the City Charter of the City of Delray Beach, Florida, Mayor Thomas E. Lynch has instructed me to advise you of a Special Meeting of the Commission to be held in the City Manager's Conference Room at 5 P.M. on Thursday, April 23, 1992. This meeting has been called for the purpose of considering the following: 1. Appointment of Assistant City Attorney/Police Legal Advisor. L'ftb£.~IIadi¡ Alison MacGregor Harty City Clerk . I CITY ATTORNEY'S OFFICE TEL ~·jo. 407 278 4755 ~pr 22.92 11 :09 F' :-1-' [IT' DF DELAA' BEA£H CITY ATTORNEY'S OFFICE zoo NW J$l {\\'E:.Jl':E . DEI-RAY [lEACH. H.ORIDr\ 33444 FAC<:;JMfl.F. "07¡~78-4755 W ! t ' Di t Ll r er B rec ne (407) 243-7092 MEMORANDUM Date: April 21, 1992 To: City Commission v1¡{'(~ From: Jeffrey S. Kurtz, City Attorney Subject: Appointment of Assistant city Attorney/Police Legal Advisor pursuant to the City Charter the City Commission appoints assistant city attorneys, as well as the city attorney and epecial counsel; therefore, this item is being placed on your agenda for your meeting of April 23, 1992. At your January 21, 1992 Commission meeting, the City Commission allocated funding for a police legal advisor, Since that time, our office reviewed over 180 applications tor the position, including personal interviews with 15 of those individuals. The Police Chief aña~ then had second interviews with five finalists from ,.~ which I am pleased to recommend to the City Commission the appointment of Eric D, Hlghto~er. Mr. Hightower received both his undergraduate and law degrees from the University of Florida. He has been a member of the Florida Bar since 1988 and has been practic1ng as an Assistant State Attorney in Palm Beach county for the last four years. Prior to his employment by the State Attorney, he had worked in Gainesville, Florida as a supervisor and counselor for sex offenders receiving therapy. Mr. Hightower anticipates being able to join the City Attorney's staff on Monday, May 18, 1992. I have offered Mr. Hightower a starting annual salary of $41,000 which is commensurate with his experience and present level of salaries being paid to attorneys in the private and public sector. The other terms and conditions of Mr. Hightower's appointment will be as follows: The salary of $41,000 would be on an annual basis with merit increases occurring on October 1 in conjunction with the start of every new fiscal year; cost of living inc~ea8es would be granted on the same basis as those given to other upper management level personnel in the City; vacation and sick days would be the same as with all 1"111 , CITY ATTORNEY'S OFFICE TEL No. 407 278 4755 ~pr 22,92 11:10 F.iJ3 Memo to City Commission April 21, 1992 Page 2 non-represented general employees (one per month each to start) ; insurance benefits on par with other non-represented general employees; and Mr. Hightower would be eligible to participate in the ICMA Retirement Plan beginning on the first anniversary of his date of hire with the City. Additionally, Mr. Hightower would receive the automobile allowance granted to assistant city attorneys. Obviously, Mr. Hightower's acceptance of our offer to be reta1ned as the new Assistant City Attorney/police Legal Advisor is subject to confirmation of medical and background information. Mr. Hiyhtower's addition as Police Legal Advisor will enable the Police Department to receive enhanced services including more in-house training and expansion of the forfeiture program. In addition, it is anticipated that this addit10n will enhance our office's responsiveness to other areas of the city. A copy of Mr. Hightower's resume is attached to this memorandum for your perusal. It 1s my intention to place this matter on your special City Commission meeting of April 23, 1992 for your consideration. - At such time, the appropriate motion would be to appoint Eric D. High~er as Ass1stant City Attorney/Police Legal Advisor at the annual salary of $41,000,00 to start under the terms and conditions as set forth in this memorandum all to be effective May 18, 1992. JSK. jw Attachment cc: David Harden, City Manager John Elliott, Assistant City Manager Chief Richard overman, Delray Beach Pollee Department Department Heads Eric D. Hightower polaclv2.jak - ,,' I TEL No. 4-~ ~~~ 47SC ~pr 00 Q? 14:4Q F' . l:; 1 CITY ATTORNEY'S OFFICE Ur LrO 'I_~ ~~I_- - . - Feb:ruaq 25, 1992 Jeffrey Kurtz, City Attorney 100 N.W. 1st Avenue Delray Beach, FL 33444 ".... Dear Mr. Kurtz ': ",' I am very .interested in becominga~ir~~£ your team of , , l1tigators 1.n the City A~torneY'8 Office. Specif1ÒM:-1Y, I have a strong ~nterest in your position o~ Legal Advisor for the Delray Beach Police Department. " , " For the past four years, I have been an Assistant state -'-' ~ ~~. . Attorney in Palm Beach County. ,As such, 1 have, prosecuted "\:I!~' ~' m1sde~ors and felonies of all types inCluding ho~ic1des and ~ t ,..' .. . . capital crimes. In particular, I have workeð in the Crimes ,. , .. Against Children Division. ," . .¡t,) .,'. Due to the partioular nature of the position, I have done ,«', ~.~;, -extensive research for motion hearings on all areas of law, ..;,~, . including search warrants, conføssions, photo I.D.'s, lineups, ".'. ,r' use of force by p~lice officers and other arCaD as needed. As ,. part of this research, I have gained proficienoy writing " ~ Memorandums of, Law and legal briefs. .. . \ , . Due to my time at the state.. Attorney'.. ~~:' I have done .,.' , many trials both jury and non-jury. I have seoured many convictions, including conviotions for capital sexual battery. Also, due to my prosecution of all types of felonies and misdemeanors, I have worked with officers in all the different divisions of a polioe department,\i.e.road patrol, detec~ive, homicide, property crimes, etc. ' , I s~rongly feel that due to this experience, I would be a valuable asset to your office. I have worked with officers in the Delray Beach Police Pepartment and have a high regard for the job they do. ~ . I,,'. CITY ATTORNEY'S OFFICE TEL ~,jo. 407 278 4755 ~pr- 22.92 14:44 F' 1",-' ~ . .. " .. Additionally, I have lived in the palm Beach county area for years and feel I know the problems law enforcement face here in South Florida. Thank you for your time and patience in this matter and I look forward to hearing from you in regards to an interview. SRIC . Esquire EDH : :'It:, . ...ç,. . ... , '-- ";"J"". .. .' : . - ...:":t.. ~'" i~' . .C;TY RTTORNEY'S OFFICE TEL No. 407 278 4755 Rpr 22,92 14:4:- F . ,=1:-, . , . ~ . , .. r ERIC D. mGHTOWER 1500 North Congress A venue #26-C West Palm Beach, Florida 33401 Home Telephone (407) 697-2689 . SUMMARY: Attorney with excellent qualifications available for a position with a private firm or governmental agency. Three years of experience in trial litigation. deposi- tions. lelal research, motion hearings, plea negotiations and client relations. WORK mSTORY: 1988 .. Present State Attorney's Office, West Palm Beach, Florida Assistant State Attorney. Prosecute juveniles, sex offenders, child abusers and adult criminals in the felony system. 1983 - 1988 . North Florida Evaluation and Treatment Center, Gainesville, Florida Staff Supervisor. Managed building security, staff and residents. Initiated payroU'c06têJination for the unit. Stepped in as Case Manager for residential therapy. --- . 1982 - 1983 Gainesville Job Corps Center, Gainesville, Florida Residential Counselor. Case Manager for resident training and living siems. Coordinated training prolrams for live-in residents. 1982 University Attorney's Office, Gainesvi1le, Plorida Law Clerk. Researched lelal issues, wrote legal briefs and memorandums. 1982 Juvenile Alternatives Services Project, Oainsville, Florida. Case Manaaer. Supervised job training skills of clients. Coordinated business and public relations with the city of Gainesville. EDUCATION: Univesity of Florida, Gainesville, Florida Juris Doctor in Law, 198J University of Florida. Gainesville, Florida B.A. in History. 1979 ORGANIZATIONS: Palm Beach County Bar Association f. Malcolm CUnnin¡ham, Sr. Bar Association REFERENCES: Professional and personal references upon request. 1-.