Fort Lauderdale commission approves interim city attorney contract after debate over severance and retirement contributions

The Fort Lauderdale City Commission on Sept. 16 approved an employment agreement for Interim City Attorney Dwayne M. Spence that grants a 3% merit salary increase and includes a severance provision after months of discussion about retirement contributions and contract length.

The commission’s debate focused on four items Spence requested: a customary 3% merit increase, maintaining his elevated salary for a period after returning to deputy city attorney, a 6.13% contribution tied to a retirement vehicle, and a severance arrangement in the event he is terminated within a year after a permanent city attorney is seated. Commissioners agreed to the 3% increase and to keep the adjusted salary for a defined period; they also directed city attorneys to structure any retirement contribution prospectively rather than as retroactive pay. After an initial vote that failed to include severance, the commission reconsidered and approved the full amended agreement that includes a severance provision.

Why it matters: The city attorney’s office performs legal work that touches most municipal functions. The vote formalizes compensation and contract terms for Spence as the commission continues a search to select a permanent city attorney and seeks to avoid service gaps during any transition.

What the contract does: The approved measures include a 3% merit increase to take effect as specified in the agreement, continuation of the higher salary level for a limited transition period when Spence would return to the deputy role, and a severance arrangement consistent with state law. Commissioners and staff agreed the 6.13% retirement contribution would be structured prospectively — to avoid legal issues with retroactive pay — and subject to legal review.

Discussion highlights: Spence summarized his work as interim city attorney and described the volume of the office’s output during his stewardship, saying the office produced dozens of ordinances, resolutions and contracts while maintaining day-to-day operations. Several commissioners praised his stewardship and said they were concerned about possible leadership gaps if a new city attorney could not assume office immediately after selection.

Commissioner comments included a mixture of support and caution. Commissioner Ben Sorensen and others urged a solution that ensured continuity through the hiring process; Vice Mayor Herbst raised concerns about severance precedent and about retroactive retirement contributions. City legal staff advised that retroactive retirement contributions are legally sensitive and that prospectively structuring the payment would be more defensible.

Formal actions: The commission first voted on a resolution to approve Spence’s employment contract with some provisions held for further clarification. After further revisions and legal review, the commission reintroduced and approved an amended resolution that included the severance provision and language requiring the retirement contribution to be prospective, not retroactive. The final roll call vote approved the amended employment contract.

Next steps and caveats: Commissioners asked staff to finalize the contract language to reflect the prospective retirement contribution and to ensure legal compliance on any payment timing. The commission also directed managers to move forward with the city attorney selection process so any need for prolonged interim service is minimized.

Ending note: The contract approval completes a lengthy public discussion about compensation, legal constraints on retroactive payments, and continuity in a key municipal office during an active search for permanent leadership.