HomeMy WebLinkAboutR-02-0276J-02-235
3/5/02
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF
FINANCE TO ISSUE A CHECK PAYABLE TO JACK R.
BLUMENFELD, P.A., IN THE AMOUNT OF
$68,168.50, INCLUSIVE OF ALL COSTS, IN FULL
SETTLEMENT OF ANY AND ALL CLAIMS FOR ATTORNEY
FEES AND COSTS FOR THE REPRESENTATION OF CODE
ENFORCEMENT BOARD MEMBER ANGEL GONZALEZ, IN
THE CASE OF STATE OF FLORIDA VS. ELADIO
ARMESTO-GARCIA AND ANGEL GONZALEZ, IN THE
CIRCUIT COURT OF THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY,
FLORIDA, CASE NO. M98-60186 A&B; AND
ALLOCATING FUNDS FROM THE CITY OF MIAMI
SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 515001.624401.6.652.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The Director of the Department of Finance is
authorized to issue a check payable to Jack R. Blumenfeld, P.A.,
in the amount of $68,168.50, inclusive of all costs, in full
settlement of any and all claims for attorney fees and costs
incurred for the representation of Code Enforcement Board Member,
Angel Gonzalez, in the case of State of Florida vs. Eladio
Armesto-Garcia and Angel Gonzalez, in the Circuit Court of the
Eleventh Judicial Circuit in and for Miami -Dade County, Florida,
CITY
ra mr7
o2-- 276
Case
No. M98-60186 A&B, with funds allocated
from
the City of
Miami
Self -Insurance and Insurance Trust
Fund,
Index Code
No. 515001.624401.6.652.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor Y
PASSED AND ADOPTED this 14th
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
CORRECTNESS:
TTORNEY
1 08 .G
day of March 2002.
X�
UEL A. DIAZ, MA
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 02— 276
• CITY OF MIAMI OCA -
13
CITY ATTORNEY'S OFFICF
MEMORANDUM _
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
DATE: March 6, 2002
RE: Proposed Resolution for March 14, 2002 City Commission Meeting
Payment of attorney fees and costs to Jack R. Blumenfeld
State of Florida vs. Eladio Armesto-Garcia & Angel Gonzalez
in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida, Case No. M98-60186 A&B
(J-02-235)
The attached proposed resolution, will, if adopted, authorize the Director of Finance to
issue a check payable to Jack R. Blumenfeld, P.A., in the amount of $68,168.50, inclusive of all
costs, for attorney fees and costs, in full settlement of any and all claims for the above -referenced
case.
Code Enforcement Board Members Eladio Armesto-Garcia and Angel Gonzalez were
charged with violating the Sunshine Law concerning matters within the scope of their public
duties. After a jury trial for which Angel Gonzalez retained the services of an attorney, Angel
Gonzalez was acquitted of the charges against him.
Mr. Jack R. Blumenfeld has requested payment of attorney fees and costs for the
representation of Angel Gonzalez, pursuant to common law doctrine recognized in Lomele v. City
of Sunrise, 423 So.2d 974 (Fla. 4" DCA 1982), and Thornber v. City of Fort Walton Beach,
568 So.2d 914 (Fla. 1990), which removes any discretion from the City to pay the attorney fees
under these circumstances.
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.
W680:WB:BSS
cc: Jack R. Blumenfeld, Esq.
Carlos A. Gimenez, City Manager
Elvi G. Alonso, Agenda Coordinator
02- 276