HomeMy WebLinkAboutR-03-0665J-03-736
6/12/03
9/18/03 SE
RESOLUTION NO. ij 3 r 6 F 5
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE PAYMENT OF A CLAIM FOR
ATTORNEYS' FEES AND COSTS FOR THE
REPRESENTATION OF POLICE OFFICER MOISES
MARTINEZ, IN THE CASE OF STATE OF FLORIDA VS.
MOISES MARTINEZ, CIRCUIT COURT, CASE
NO. F99-7732, UNDER THE AUTHORITY OF
SECTION 111.065, FLA. STAT., IN AN AMOUNT NOT
TO EXCEED $25,000.
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 Moises
Martinez, in the case of State of Florida vs. Moises Martinez,
Miami -Dade Circuit Court, Case No. F99-7732, in an amount not to
exceed $25,000, is authorized.
J U N 1 2 2003
Resolution No.
#j3- 66�
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.11
PASSED AND ADOPTED this 12th day of June
ATTEST:
PRISCIL A. THOMPSON
CITY CLERK
AP
459SE:BSS
CORRECTNESS -.t/
2003.
MR111111111111111111111111111111111111111111111111 FUMMAN,
ANUE�L A- . `,.
i� 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 J3— 665
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Priscilla A.
City Clerk
FROM: Alej
City
DATE: OcAAWFLf, 2003
RE: Corre ed Scrivener's Error -Resolution No. 03-665
(J-0 -736)
Resolution No. 03-665, adopted June 12, 2003, contains a scrivener's error as to the
amount of attorneys' fees and costs to be paid for the representation of Police Officer Moises
Martinez. A review of the June 12, 2003 City Commission Meeting "FTR" Recording clearly
verbalizes that attorneys' fees and costs to be paid for Officer Martinez is ... in an amount not
to exceed $25, 000..., and not ... in an amount not to exceed $30, 000... as erroneously
reflected in Resolution No. 03-665 transmitted by this Office to you for your official records.
The attachment, which is a substitute ORIGINAL resolution to replace the document
you presently possess as Resolution No. 03-665, has been revised to reflect the proper amount
to be paid for the representation of Police Officer Martinez.
After the correct document has been executed, please forward a copy to this Office.
This memorandum may be attached to Resolution No. 03-665 so that any concern regarding
the substitution of said Resolution is clarified.
rTR r, 191 my
Attachments
c: Warren Bittner, Assistant City Attorney
Christopher A. Green, Assistant Attorney
,j3-- 665
J\03 -736
6/ /03
RESOLUTION NO. 03- 665
A RESOLUTION OF THE MIAMI CITY COMMISSION
UTHORIZING THE PAYMENT OF A CL/AF
TORNEYS' FEES AND COSTS F
R RESENTATION OF POLICE OFFICERR INEZ, IN THE CASE OF STATE OF FLMOIS MARTINEZ, CIRCUIT COURTNO. F -7732, UNDER THE AUTHORSECTIO 111.065, FLA. STAT., IN AN A
TO EXCEE $30,000.
WHEREAS, SectionV
ta . provides the agency
employing a law enforcethe option to pay legal
fees and costs for any officer in any civil or
criminal action when thut of the performance of
the officer's official
NOW, THEREFORE, BE IT SOLVED BY E COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Sec/ircuit
der the authority of Sec 'on 111.065, Fla.
Stat., f a claim for attorneys' es and costs
incurredepresentation of Police Of 'cer Moises
Martineze of State of Florida vs. Moises artinez,
Miami-Daurt, Case No. F99-7732, in an amount not to
exceed $thorized.
CITY
MEETTa CN�3
JUN 1 2 200
Resolution Pio.
03- 665
SUPERSEDED
Section 2. This Resolution shall become effective
imme 'ately upon its adoption and signature of the MayorZ
11
PASSE AND ADOPTED this 12th day of June
EL A. D AZ, MAYOR
ATTEST :, _
l / 7
PRISCILLA A. THOMP50 '
j29 CITY CLERK
APPROVED A5, -W FORM AND CORRRCTNESS:
;WDRQ-V I LARELLO
ATTORNEY
459:BSS
If the Mayor does not sign this Resolution, it shall bece
effective at the end of ten calendar days from the date it wa
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
SUPERSEDED #j3-665
CA -12
CITY OF MIAMI
CITY ATTORNEW DFFICE
II �
TO: Mayor and Members of
FROM: Alejandro Vilarello,
DATE: June 3, 2003
RE: Proposed Resolu�Y
ming the payme orney Fees and costs
Miami -Dade Circuitt, Case No. F99-7732
State of Florida vs. Moises Martinez (J-03-516)
The attached proposed resolution, will, if adopted, decline the claim for attorneys' fees and
costs incurred by Officer Moises Martinez with regard to the above -referenced criminal case.
Officer Martinez was represented by William D. Matthewman, Esq.
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 $37,034.31.
Officer Moises Martinez was charged with attempted second-degree murder, battery, and
improper exhibition of a dangerous weapon or firearm. On March 4, 1999, while off-duty, the
officer responded to a domestic dispute involving his mother. The officer first utilized pepper spray
against a participant in the dispute. That participant then allegedly threatened the officer in such a
way as to make him fear for his life, causing the officer to discharge three rounds from his weapon.
All missed. Because the Court denied the prosecution a continuance, the prosecutor nolle prossed
the case. After an internal investigation into this discharge, Officer Martinez was disciplined with a
120 -hour suspension, which is the subject of a pending appeal before the Civil Service Board.
Notwithstanding the pending discipline, Officer Martinez was returned to full duty and is currently
assigned to uniform patrol.
The Florida Attorney General has advised our office that a prosecutor's "nolle prosequi" of a
criminal action is the equivalent of a plaintiffs dismissal of a civil lawsuit. AGO 2003-13.
Consequently, s. 111.065(2), F.S., gives the City the option to pay the criminal attorney's fees
incurred by Officer Moises Martinez that arose out of the performance of the officer's official duties.
The amount of attorneys 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 $25,000.00 would be a reasonable fee for the services provided.
The City Manager has recommended that the officer's claim for reimbursement be denied
(attached).
03— 6f 5
Declining the payment of A, neys' Fees and Costs
State of Florida vs. Moises Martinez
Miami -Dade Circuit Court Case No. F99-7732
June 3, 2003
Page 2
At this time, the City Commission has the following options with respect to the payment of
Officer Martinez' legal costs and attorneys fees: (A) decline to pay any amount; (B) pay the full
amount requested by the Officer's Attorney ($37,034.31), based upon Mr. Matthewman's opinion
that his fees for his services are reasonable; or (C) pay the amount determined to be a reasonable fee
for Mr. Matthewman's services ($25,000), 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 with
respect to the reasonableness of the fees.
If payment for such legal fees and costs are approved, funds will be allocated from the City of
Miami Self -Insurance and Insurance Trust fund, Index Code No. 515001.624401.6.652.
W887:AV:WB:BSS
cc: William Matthewman, Esq.
Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
03 ` 660
CITY OF MIAMI
CITY ATTORNEY'S OFFICL
MEMORAN
TO: Joe Arriola, City Manager
FROM: Alejandro Vilarello, City : i
DATE: April 24, 2003
RE: Claim for the payment Attorney Fees and Costs
Miami -Dade Circuit Court, Criminal Case No. F99-7732
State of Florida vs.Moises Martinez
This memorandum seeks your recommendation concerning the payment of legal fees and
costs to Attorney William Matthewman for his representation of Officer Moises Martinez in the
above -referenced criminal case.
Florida Statute section 111.065 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 $37,034.31.
Officer Moises Martinez was charged with attempted second-degree murder, battery, and
improper exhibition of a dangerous weapon or firearm. On March 4, 1999, while off-duty, the
officer responded to a domestic dispute involving his mother. The officer first utilized pepper spray
against a participant in the dispute. That participant then allegedly threatened the officer in such a
way as to make him fear for his life, causing the officer to discharge three rounds from his weapon.
All missed. Because the Court denied the prosecution a continuance, the prosecutor nolle prossed
the case. After an internal investigation into this discharge, Off. Martinez was disciplined with a
120 -hour suspension, which is the subject of a pending appeal before the Civil Service Board.
Notwithstanding the pending discipline, Off. Martinez was returned to full duty and is currently
assigned to uniform patrol.
The Florida Attorney General has advised our office that a prosecutor's "nolle prosequi" of a
criminal action is the equivalent of a plaintiffs dismissal of a civil lawsuit. AGO 2003-13.
Consequently, section 111.065(2), F.S., gives the City the option to pay the criminal attorney's fees
incurred by Officer Moises Martinez that arose out of the performance of the officer's official duties.
The amount of attorneys 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 $25,000.00 would be a reasonable fee for the services provided.
At this time, the City Commission has the following options with respect to the payment of
Officer Martinez' legal costs and attorneys fees: (A) decline to pay any amount; (B) pay the full
03— 665-
ae Arriola, City Manager
Re: Claim for payment of Attorney Fees and Costs — Off. Moises Mai—aez
April 24, 2003
Page 2
amount requested by the Officer's Attorney ($37,034.31), based upon Mr. Matthewman's opinion
that his fees for his services are reasonable; or (C) pay the amount determined to be a reasonable fee
for Mr. Matthewman's services ($25,000), based upon the opinion of the expert criminal defense
attorney retained by the City to review Mr. Matthewman's fees, with whom I concur.
Your recommendation (below) should be forwarded to the City Commission for consideration at its
next available meeting.
CITY MANAGER'S RECOMMENDATION (check one):
I RECOMMENDED 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., $37,03431.
I RECOMMEND THAT THE CLAIMED ATTORNEY'S FEES BE PAID IN THE
AMOUNT DETERMINED TO BE REASONABLE IN THE OPINION OF THE CITY ATTORNEY
AND THE EXPERT CRB41NAL DEFENSE ATTORNEY RETAINED BY THE CITY TO REVIEW
MR. MATTHE S, I.E.,
1
JOE OLA, City Manager
AV:WB:managerl
cc: John Timoney, Chief of Police
3— #0
Page 8
LETTRE A L' OEA,
CONVERGENCE ...
(Lettre ... suite de la page 7)
Monsieur le President,
A quelques jours de 1' assemblee generale annuelle de F Organisation des Etats
Am6ricains (O.E.A) qui se tiendra du 8 an 10 juin 2003 an Chili, le Directoire de la
-onvergence Democratique vows salue avec respect et souhaite un travail fructueux a
cette assemblee.
La situation politique du pays s' est aggravee depuis le passage de la " delegation
internationale de haut niveau OEA — CARICOM ", en Haiti les 19 et 20 mars 2003.
(voir Lettre de Convergence/ 15)
Chaque semaine Usez ff aifii en Marche en
Vous abonnan}
Adaelez Margo: S09-229-0026
G��Y oF'ff'
CITY OF MIAMI, FLORIDA
Avi you chanje Dat on Meeting
The City Commission chanje dat dezy6m meeting you mwa. Jin 2003 dapre
Rezolisyon 03-666. Rankont ki to gen you fat le 26 Jin 2003 ap f6t le M6kredi 25 Jin
.2003 a 9:00 dimatin nan City Commission Chambers, City Hall 3500 Pan American
Drive, Miami, Florida
Tou-t piblik la invite you -1 vinn asiste rankont Ian.
(City Seal)
Priscilla A. Thompson
(#11056)
City Clerk
Mercredi 18 Juin 2003
Haiti en Marche Vol. XVII No.
Reg federal ke program CDBG City of Miami obseve ekzije ke on jiridiksyon kap patisipe
founi citoyen yo ak avi sou op6tinite you 1`6 amandman nan pwogram CDBG -a. Menm jan
piblik la avize de tout amandman ki f6t yo jan sa endike pi ba:
1. Dizcvssion and proposae ran ^Iutlor approving the. City of tfiami's PUbiir,' Housing Agoncy (PHA) Plans
incl0mg the Five (5) Year Strategic P'an for Fiscal Year 2:700-2004 and the Anni_ral F'an for Fisca'.
Year z^03, in connection wlth the impl9mentst;on and admirlis,r;,;on cf the City S Serr'ron 3 'Modorate
Rrh� bll;tatian Program; authorizing the CHs) %1.in3ger tc submit the PHA Plans far tev;ews(aaproval try
trade US De;t. of HUD; furiher allocating SoGicn 9 Mude•ats RohaSilltatian Procram Funcs of
$2,(42.094 nor client c-,^slS and "$.:38,292 :o the City of Mami Department of Community Dolveloament
to, Adminl. tr itive Costs'or a tolal of S2.980.365.
2. Disougslon and proposed resolutior approving the rgvsed City of %1iami Looal Housing A s'slonce Plan
(LHAP), attached ano Incorporated, for the perlod of July 1, 2001 thrcugh June 30, 2G04, for the
cr_n'inued ;5-rt°tiDation of the City in the Florida. State Housing ''rtt;atives (SHIP) Propr3r'; authorizing
the
City 1A,7r3oer to submit a modified ,fen for rayl w and approval by the Fter;d2 Housing Finarco
Corpor2tion.
3 Discission Brad proposed resolution adortig,, pollcles for the 2�` Ye^r Commurity Develf nment Block
Gra it (C0f30,1 funding pracess related to the Comme-c.al Fa4a e Treatment Program.
4, Discussion and proposed resolution eCocating `z40,CCo of Fi;cal YE1ar 2003-200d Emergerc, Shelter
Grant (_SG1 Funds as followcL:
I ALOKASYON POU 29TH YEAR EMERGENCY SHELTER GREAT FUNDS I
EMERGENCY SHELTER GRANT ACTIVITY: AMOUNT
Denart-'6nt of CDm r'unl'y Develorrnor• 'Grant Administration c 1$,200
City of salami ciG ne:ess Progra-r iazE 000
TOTAL r oLNY OF ESG PROGRAM FUNDS- S440,000 - -
5. Discussion end proposed reealUiion al'oceling SIO. 140.301) of the 29" Year Commurnty Dsve;o{ meet
51ock Gra11 (COSG) Program Ettitlnmentftlnds and 85.090,••".•00 of program inmma fcr a tpt3; of
S15,140,000 to support City municipyl :. rvlce? and relatad act�'01ies for the 29'* Frnf,,ni Yea-
Legirnirq 0 -toter 1, 2003 as `,ol;own;: _
�G FUN61Nt jlC IVITYI
Komisyon Miami City ap 6ganize yon
rankont you diskite sou sije ki gen rap6 ak
Community Development Block Grant ak 16t
F 3
pwogram HUD
*
JEDI 24 JEN , 2003 1:30 PM
�rO.,Ft
CITY OF MIAMI COMMISSION ChIAMBER
_
3500 PAN AMERICAN DRIVE
MIAMI. FLORIDA .
Reg federal ke program CDBG City of Miami obseve ekzije ke on jiridiksyon kap patisipe
founi citoyen yo ak avi sou op6tinite you 1`6 amandman nan pwogram CDBG -a. Menm jan
piblik la avize de tout amandman ki f6t yo jan sa endike pi ba:
1. Dizcvssion and proposae ran ^Iutlor approving the. City of tfiami's PUbiir,' Housing Agoncy (PHA) Plans
incl0mg the Five (5) Year Strategic P'an for Fiscal Year 2:700-2004 and the Anni_ral F'an for Fisca'.
Year z^03, in connection wlth the impl9mentst;on and admirlis,r;,;on cf the City S Serr'ron 3 'Modorate
Rrh� bll;tatian Program; authorizing the CHs) %1.in3ger tc submit the PHA Plans far tev;ews(aaproval try
trade US De;t. of HUD; furiher allocating SoGicn 9 Mude•ats RohaSilltatian Procram Funcs of
$2,(42.094 nor client c-,^slS and "$.:38,292 :o the City of Mami Department of Community Dolveloament
to, Adminl. tr itive Costs'or a tolal of S2.980.365.
2. Disougslon and proposed resolutior approving the rgvsed City of %1iami Looal Housing A s'slonce Plan
(LHAP), attached ano Incorporated, for the perlod of July 1, 2001 thrcugh June 30, 2G04, for the
cr_n'inued ;5-rt°tiDation of the City in the Florida. State Housing ''rtt;atives (SHIP) Propr3r'; authorizing
the
City 1A,7r3oer to submit a modified ,fen for rayl w and approval by the Fter;d2 Housing Finarco
Corpor2tion.
3 Discission Brad proposed resolution adortig,, pollcles for the 2�` Ye^r Commurity Develf nment Block
Gra it (C0f30,1 funding pracess related to the Comme-c.al Fa4a e Treatment Program.
4, Discussion and proposed resolution eCocating `z40,CCo of Fi;cal YE1ar 2003-200d Emergerc, Shelter
Grant (_SG1 Funds as followcL:
I ALOKASYON POU 29TH YEAR EMERGENCY SHELTER GREAT FUNDS I
EMERGENCY SHELTER GRANT ACTIVITY: AMOUNT
Denart-'6nt of CDm r'unl'y Develorrnor• 'Grant Administration c 1$,200
City of salami ciG ne:ess Progra-r iazE 000
TOTAL r oLNY OF ESG PROGRAM FUNDS- S440,000 - -
5. Discussion end proposed reealUiion al'oceling SIO. 140.301) of the 29" Year Commurnty Dsve;o{ meet
51ock Gra11 (COSG) Program Ettitlnmentftlnds and 85.090,••".•00 of program inmma fcr a tpt3; of
S15,140,000 to support City municipyl :. rvlce? and relatad act�'01ies for the 29'* Frnf,,ni Yea-
Legirnirq 0 -toter 1, 2003 as `,ol;own;: _
�G FUN61Nt jlC IVITYI