SUBJECT/RECOMMENDATION:
Title
Approve an Amended Legal Services Agreement between the City of Clearwater and Attorney Nancy Mag, who is the Local Hearing Officer for the purpose of conducting hearings related to red-light-camera violations, and authorize the appropriate officials to execute same. (consent)
Body
SUMMARY:
Since 2003, pursuant to an employment services contract approved by Council, Attorney Nancy Mag has been the Local Hearing Officer for the purpose of conducting hearings related to red-light-camera violations. On the third Wednesday of each month, the City Clerk has scheduled hearings for those individuals wanting to contest the notice of violation issued to them as a result of their vehicles’ having been captured on a video camera running a red light. Ms. Mag has been paid an hourly rate of $150.00 for those hearings, with a guaranteed minimum of 2 hours.
Recently, an IRS auditor opined that the hourly wage paid to the Nancy Mag would require the City to treat Ms. Mag as a city employee for tax purposes. The IRS auditor suggested that paying Ms. Mag a retainer, rather than an hourly wage, would avoid the issue. Thus, the Legal Services Agreement between the City of Clearwater and Attorney Nancy Mag has been amended accordingly so that Ms. Mag will be paid a monthly retainer of $300 to conduct the hearings.
APPROPRIATION CODE AND AMOUNT:
0010-01139-530100-521-000-0000