Loading...
HomeMy WebLinkAboutR-03-0664J-03-735 6/12/03 RESOLUTION NO. 0 664 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT OF A CLAIM FOR ATTORNEYS' FEES AND COSTS INCURRED FOR THE REPRESENTATION OF POLICE OFFICER WILLIE BELL, IN THE CASE OF STATE OF FLORIDA VS. WILLIE BELL, CIRCUIT COURT, CASE NO. F00-019910, UNDER THE AUTHORITY OF SECTION 111.065, FLA. STAT., IN AN AMOUNT NOT TO EXCEED $30,000. WHEREAS, Section 111.065, Fla. Stat., provides the agency employing a law enforcement officer with the option to pay legal fees and costs for any law enforcement officer in any civil or criminal action when the action arose out of the performance of the officer's official duties; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Under the authority of Section 111.065, Fla. Stat., the payment of a claim for attorneys' fees and costs incurred for the representation of Police Officer Willie Bell, in the case of State of Florida vs. Willie Bell, Miami -Dade Circuit CITY CC?MMSSION MEETM OF JUN 1 2 2003 Restskoi am No. 03- 664 Court, Case No. F00-019910, in an amount not to exceed $30,000, is authorized. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.' PASSED AND ADOPTED this 12th day of June , 2003. ATTEST - 4, -r PRISCILLA A. THOMPSON CITY CLERK APPROVED AST6'FORM AND CORRECTNESS: LARELLO 0 W74,58:BSS 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 03— 664 CITY OF MIAMI CA=11 CITY ATTORNE OFFICE MEMO 'PA5fl" TO: Mayor and Members of City ssion FROM: Alejandro Vilarello, yv� DATE: June 3, 2003 RE: Proposed Resol d ming the payment of Attorney Fees and Costs Miami-Dade Circuit ourt, Case No. F00-019910 State of Florida vs iHie Bell (J-03-513) The attached proposed resolution, will, if adopted, deny the claim for attorney's fees and costs incurred by Officer Willie Bell with regard to the above-referenced criminal case. Section 111.065, F.S. provides the agency employing a law enforcement officer with the option to pay legal fees and costs for any law enforcement officer in any civil or criminal action when the action arose out of the performance of the officer's official duties, and the plaintiff requests dismissal of the suit or the officer is found to be not liable or not guilty. Attorney Ronald J. Cohen has made a request on behalf of the officer for reimbursement of attorney's fees incurred in the total amount of $51,855. Officer Bell's criminal prosecution arose out of an incident that occurred on December 1, 1999, when he encountered an individual named Carl Deshazior. On that date, Officer Bell was looking for a suspected stalker when he responded to an Overtown apartment building. Officer Bell was following up on a complaint made to another police officer concerning a suspect who had allegedly smashed the windows of the victim's car and was seen at the victim's work place. Officer Bell did not have the name or physical description of the suspected stalker. When Officer Bell entered the laundry room of the apartment building, he stopped Mr. Deshazior who was on his way out. Mr. Deshazior was assisting another maintenance man who was working on some washing machines. Officer Bell placed his hand on Mr. Deshazior to stop him from leaving. After a brief exchange of words, a physical confrontation ensued between the officer and Mr. Deshazior in the presence of three witnesses. Officer Bell arrested Mr. Deshazior for four felonies: battery on a police officer, two counts of depriving an officer of means of protection/communication, and grand theft. After Mr. Deshazior's arrest, the officer who initially received the complaint confirmed that Mr. Deshazior was not the suspected stalker. The State Attorney's Office decided not to file any charges against Mr. Deshazior. The State Attorney's Office investigated the incident and charged Officer Bell with two misdemeanors: battery and falsifying public records. Later, the State Attorney amended the charges against Officer Bell to include the charge of official misconduct, a third-degree felony. Officer Bell subsequently retained Attorney Matthewman to represent him in the criminal action. The officer was relieved of duty and reassigned to the Internal Affairs section pending the outcome of his criminal case. Ultimately, the State Attorney's Office agreed to "nolle prosse" (dismiss) the charges against Officer Bell in exchange for his completion of an Anger Control class. The Internal Affairs Unit found that the evidence was inconclusive as to the allegations of o3-- GG4 Declining the payment of A, neys' Fees and Costs State of Florida vs. Willie Bell Miami -Dade Circuit Court Case No.: F00-019910 June 3, 2003 Page 2 abusive conduct and misconduct lodged against Officer Bell. As a result of this finding, no disciplinary action was taken against Officer Bell and he was returned to full -duty status. The Florida Attorney General has advised our office that a prosecutor's "nolle prosse" of a criminal action is equivalent to a plaintiffs dismissal of a lawsuit. AGO 2003-13. Consequently, 111.065(2), Fla. Stat., provides the City the option to pay reasonable attorney's fees and costs incurred by Officer Bell in the defense of criminal charges that arose out of the performance of the officer's official duties. The amount of attorney's fees requested, including Mr. Matthewman's complete file, has been reviewed by an outside criminal defense legal expert retained by the City. That expert has determined that $30,000 would be a reasonable fee for the services provided. The City Manager has recommended that the officer's claim for reimbursement be denied (attached). At this time, the City Commission has the following options with respect to the payment of Officer Bell's attorney's fees and costs: (A) decline to pay any amount; (B) pay the full amount requested by Officer Bell's attorney ($51,855), if you find it to be reasonable; or (C) pay the amount determined to be a reasonable fee for Mr. Matthewman's services ($30,000), based upon the opinion of the expert criminal defense attorney retained by the City to review Mr. Matthewman's fees, and with whom I concur as to the reasonableness of the amount. If approved, fiends for said payment will be allocated from the City of Miami Self - Insurance and Insurance Trust fund, Index Code No. 515001.624401.6.652. W886:CAG:BSS cc: William Matthewman, Esq. Joe Arriola, City Manager Elvi G. Alonso, Agenda Coordinator 03— 6f)4 CITY OF N I NII CITY ATTORNEY'S OFFICE MENIOR -N TNI. TO: Joe -City Manager .00017 FROM: Alejandro Vilarello, Ci Att DATE: April 24, 2003 RE: Payment of Atto es and Costs State of Florida vs. illie Bell Miami -Dade Circuit Court Case No.: F00-019910 -4 r'tN S..tom• This memorandum seeks your recommendation conceming the payment of legal 16 ant costs to Attorney William Matthewman for his representation of Officer Willie Bell in the move - referenced criminal case. Your recommendation and our determination of the reasonableness of the fee must be presented to the City Commission at the next available Commission meeting Florida Statute section 111.065 provides the agency employing a law enforcement officer with the option to pay legal costs and reasonable attorney's fees for any law enforcement officer in any criminal action when the action arose out of the performance of the officer's official duties, and the plaintiff requests dismissal of the suit or the officer is found to be not liable or not guilty. Fla. Stat. § 111.065(2)(20U2). Attorney Ronald Cohen has made a request for reimbursement of attorney's fees on behalf of Officer Bell, the Fraternal Order of Police, Miami Lodge 20, and Seiden, Alder & Matthewman, P.A. Mr. Cohen has requested reimbursement in the total amount of $51,855. Officer Bell's criminal prosecution arose out of an incident that occurred on December 19 1999, when he encountered an individual named Carl Deshazior. On that date, Officer Bell wase:. looking for a suspected stalker when he responded to an Overtown apartment building. Officer Bell was following up on a complaint made to another police officer concerning a suspect who had allegedly smashed the windows of the victim's car and was seen at the victim's work place. Officer Bell did not have the name or physical description of the suspected stalker. When Officer Bell entered the laundry room of the apartment building, he stopped 1t: Deshazior who was on his way out. Mr. Deshazior was assisting another maintenance man who was working on some washing machines. Officer Bell placed his hand on Mr. Deshazior to stop him from leaving.. After a brief exchange.of words, a physical confrontation ensued between I& ' officer and Mr_ Deshazior in the .presence of three witnesses. Officer Bell arrested Mr. Deshazior for four felonies: battery on a police officer, two counts of depriving an officer of means `of protection/communication, and grand -theft. After Mr. Deshazior's arrest, the officer who initially received the complaint confirmed that Mr. Deshazior was not the suspected stalker. The State Attorney's Office decided not to file any charges against Mr. Deshazior. The State Attorney's Office investigated the incident and charged Officer Bell with two misdemeanors: battery and falsifying public records. Later, the State Attorney amended the charges against Officer Bell to include the charge of official misconduct, a third-degree felony. Officer Bell subsequently retained Attorney Matthewman to represent him in the criminal action. The officer was relieved of duty and reassigned to the Internal Affairs section pending the ilk is w_ -4 r'tN S..tom• This memorandum seeks your recommendation conceming the payment of legal 16 ant costs to Attorney William Matthewman for his representation of Officer Willie Bell in the move - referenced criminal case. Your recommendation and our determination of the reasonableness of the fee must be presented to the City Commission at the next available Commission meeting Florida Statute section 111.065 provides the agency employing a law enforcement officer with the option to pay legal costs and reasonable attorney's fees for any law enforcement officer in any criminal action when the action arose out of the performance of the officer's official duties, and the plaintiff requests dismissal of the suit or the officer is found to be not liable or not guilty. Fla. Stat. § 111.065(2)(20U2). Attorney Ronald Cohen has made a request for reimbursement of attorney's fees on behalf of Officer Bell, the Fraternal Order of Police, Miami Lodge 20, and Seiden, Alder & Matthewman, P.A. Mr. Cohen has requested reimbursement in the total amount of $51,855. Officer Bell's criminal prosecution arose out of an incident that occurred on December 19 1999, when he encountered an individual named Carl Deshazior. On that date, Officer Bell wase:. looking for a suspected stalker when he responded to an Overtown apartment building. Officer Bell was following up on a complaint made to another police officer concerning a suspect who had allegedly smashed the windows of the victim's car and was seen at the victim's work place. Officer Bell did not have the name or physical description of the suspected stalker. When Officer Bell entered the laundry room of the apartment building, he stopped 1t: Deshazior who was on his way out. Mr. Deshazior was assisting another maintenance man who was working on some washing machines. Officer Bell placed his hand on Mr. Deshazior to stop him from leaving.. After a brief exchange.of words, a physical confrontation ensued between I& ' officer and Mr_ Deshazior in the .presence of three witnesses. Officer Bell arrested Mr. Deshazior for four felonies: battery on a police officer, two counts of depriving an officer of means `of protection/communication, and grand -theft. After Mr. Deshazior's arrest, the officer who initially received the complaint confirmed that Mr. Deshazior was not the suspected stalker. The State Attorney's Office decided not to file any charges against Mr. Deshazior. The State Attorney's Office investigated the incident and charged Officer Bell with two misdemeanors: battery and falsifying public records. Later, the State Attorney amended the charges against Officer Bell to include the charge of official misconduct, a third-degree felony. Officer Bell subsequently retained Attorney Matthewman to represent him in the criminal action. The officer was relieved of duty and reassigned to the Internal Affairs section pending the Payment of AttornL -yes and Costs Page 2 Apri124, 2003 Stare of Florida vs. Willie Bell Miami -Dade Circuit Court Case No.:F00-019910 outcome of his criminal case. Ultimately, the State Attorney's Office agreed to "nolle prosse" (dismiss) the charges against Officer Bell in exchange for his completion of an Anger Control class. The Internal Affairs Unit found that the evidence was inconclusive as to the allegations of abusive conduct and misconduct lodged against Officer Bell. As a result of this finding, no disciplinary action was taken against Officer Bell and he was returned to full -duty status. On April 1, 2003, the Attorney General advised our office that a prosecutor's "nolle prosse" of a criminal action is equivalent to a plaintiffs dismissal of a lawsuit. AGO 2003-13. Consequently, section 111.065(2) of the Florida Statutes gives the City the option to pay reasonable attorney's fees and costs incurred by Officer Bell in the defense of criminal charges that arose out of the performance of the officer's official duties. The City's criminal defense expert has reviewed Mr. Matthewman's file and time sheets and determined that $30,000 is a reasonable fee for Mr. Matthewman's legal services. In addition, the City Attorney's office has conducted its own review of Mr. Matthewman's file and we concur with our expert's findings. If approved, funds for said payment will be allocated from the City of Miami Self -Insurance and Insurance Trust fund, Index Code No. 515001.624401.6.652. At this time, the City Commission has the following options with respect to the payment of Officer Bell's attorney's fees and costs: (A) decline to pay any amount; (B) pay the full amount requested by Officer Bell's attorney ($51,855), if you find it to be reasonable; or (C) pay the amount determined to be a reasonable fee for Mr. Matthewman's services ($30,000), based upon the opinion of the expert criminal defense attorney retained by the City to review Mr. Matthewman's fees. CITY MAINAGER'S RECONLN ENDATION (check one: I RECOMMEND THAT THE CLAIMED ATTORNEY'S FEES NOT BE PAID. I RECOMMEND THAT THE CLAIMED ATTORNEY'S FEES BE PAID IN THE TOTAL AMOUNT REQUESTED BY MR MATTHEWMAN, I.E., $51,855. I'RECOM?vfEND THAT THE CLAE14ED ATTORNEY'S FEES BE PAID IN THE AMOUiv'T DETERMINED TO BE REASONABLE IN THE OPINION OF THE CITY ATTORNEY AND YPXPERT C AL DEFENSE ATTORNEY RETAINED BY THE CITi'\SO REVIEWIIL MATTHE N -11,'S FEES, I.E., $30,000. ` r\ ,n A JOE AR1.RIOLA, City Manager cc: Joh) Timoney , Chief of Police MLY, o3� GV)