HomeMy WebLinkAboutR-02-1051J-02-759
9/3/02
RESOLUTION NO. 02-1051
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF
FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST
ACCOUNT OF THE LAW FIRM OF SALE & KUEHNE, P.A.,
IN THE AMOUNT OF $33,089.62, INCLUSIVE OF ALL
COSTS, IN FULL SETTLEMENT OF ANY AND ALL CLAIMS
FOR ATTORNEY'S FEES AND COSTS INCURRED BY
BENEDICT F. KUEHNE, ESQ., FOR THE
REPRESENTATION OF POLICE OFFICER ANTONIO MIR,
IN THE CASE OF STATE OF FLORIDA VS. ANTONIO
MIR, MIAMI-DADE COUNTY COURT CASE
NO. M00-72563; 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 the Trust Account of the
law firm of Sale & Kuehne, P.A. in the amount of $33,089.62,
inclusive of all costs, in full settlement of any and all claims
for attorneys' fees and costs incurred by BENEDICT F. KUEHNE,
ESQ., for the representation of Police Officer Antonio Mir, in
the case of State of Florida vs. Antonio Mir, Miami -Dade County
Court Case No. M00-72563, with funds allocated from the City of
S E F 2 6 2002
R"olu fon Alio.
02-1051
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.'/
PASSED AND ADOPTED this 26th
ATTEST:
'9
PRISCILLA THOMPSON
CITY CLERK
EJANDRO VIL
TY ATTORNEY
W6508:CG:BSS
day of September 2002.
4 Of A
MANUEL DIAZ, MAYOR
CORRECTNESS ?%
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
Q2 -i051
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Marcelo Penha, Acting Director, Department of Management and Budget
Robert J. Nachlinger, Assistant City Manager
FROM: Maria J. ChiaroIt/
Assistant City Attorney
DATE: September 3, 2002
RE: City Commission Meeting September 11, 2002
Financial review and approval for payment in full settlement of any and all
claims for attorney's fees and costs incurred for the representation of
Police Officer Antonio Mir, in the case of State of Florida vs.
Antonio Mir, Miami -Dade County Court Case No. M00-72563 (J-02-759)
The attached Resolution authorizes payment to the trust account of the law firm of
Sale & Kuehne, P. A. in the amount of $33,089.62, inclusive of all costs, in full settlement
of any and all claims for attorney's fees and costs incurred by Benedict F. Kuehne, Esq., for
the representation of Police Officer Antonio Mir, in the case of State of Florida vs. Antonio
Mir, Miami -Dade County Court Case No. M00-72563.
Funds are available from the Self -Insurance and Insurance Trust Fund, Account
No. 515001.624401.6.652, for said settlement.
Please indicate your review and approval below by affixing your signature and
return this original memorandum to Beverly Solomon, Administrative Assistant II, of this
office as soon as possible.
REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION:
ROBERT J. NACHLINGER
ASSISTANT CITY MANAGER
W752:BSS
Attachment
REVIEW AND APPROVAL
BY THE DEPARTMENT OF
MANAGEME AND BUDGET:
MARCELO PENHA
ACTING DLRj6T,2&0
mo
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02-1051.
TO:
Fill"
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
Carlos A. Gimenez
City Manager
Alejandro Vilarello, Ci
DATE: September 3,
(GA
Payment of Attorney
Miami -Dade County
State of Florida vs. Antonio Mir
This memorandum seeks your recommendation concerning the payment of legal fees and
costs to the law firm of Sale & Kuehne, P.A., in the amount of $33,089.62. These fees were
incurred for the defense of Officer Antonio Mir in the above -referenced case.
On December 18, 2000, Police Officer Antonio Mir was charged with violating a County
ordinance for actions he allegedly took while in the course of his employment. The State alleged
that Officer Mir entered a restricted area at Miami International Airport while escorting Mayor
Carollo to a departing flight. After Officer Mir retained the services of Attorney Benedict
Kuehne to defend him in the matter, the State Attorney's Office dismissed the case. An Internal
Affairs investigation cleared Officer Mir and no disciplinary action was taken against him.
Mr. Kuehne has requested payment of attorneys' fees and costs for the representation of
Antonio Mir. 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 criminal
action when the action arose out of the performance of the officer's official duties and the officer
is found not guilty.
The City's expert has reviewed Mr. Kuehne's file and determined that the amount
requested Mr. Kuehne's firm is reasonable. In addition, the City Attorney's office has conducted
its own review of Mr. Kuehne'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.
ROVE ISAPPROVED - AS RECOMMENDED ABOVE
Of 081cr"NEZ, City Manager
02-1051'
CITY OF MIAMI
CITY ATTORNEY'S OFFICE CA= 11
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
DATE: September 18, 2002
RE: Payment of Attorney Fees and Costs
Miami -Dade County Court Case No.: M00-72563
State of Florida vs. Antonio Mir
Officer Antonio Mir has requested payment of legal fees and costs in the amount of
$33,089.62, incurred in the above -referenced. Florida Statute section 111.065 provides the City
with the option to pay legal fees and costs 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 guilty. The charges against
Officer Mir were dismissed.
The City Manager has recommended payment of Officer Mir's attorney's fees in response
to my memorandum of September 3, 2002. I have determined that $33,089.62 is a reasonable
amount for the fees and costs after a review of the attorney's bills and records. It is within the
City Commission's discretion to approve the payment of these fees.
02-1051
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Marcelo Penha, Acting Director, Department of Management and Budget
Robert J. Nachlinger, Assistant City Manager
FROM: Maria J. Chiarot/
Assistant City Attorney
DATE: September 3, 2002
RE: City Commission Meeting September 11, 2002
Financial review and approval for payment in full settlement of any and all
claims for attorney's fees and costs incurred for the representation of
Police Officer Antonio Mir, in the case of State of Florida vs.
Antonio Mir, Miami -Dade County Court Case No. M00-72563 (J-02-759)
The attached Resolution authorizes payment to the trust account of the law firm of
Sale & -Kuehn, P. A. in the amount of $33,089.62, inclusive of all costs, in full settlement
of any and all claims for attorney's fees and costs incurred by Benedict F. Kuehne, Esq., for
the representation of Police Officer Antonio Mir, in the case of State of Florida vs. Antonio
Mir, Miami -Dade County Court Case No. M00-72563.
Funds are available from the Self -Insurance and Insurance Trust Fund, Account
No. 515001.624401.6.652, for said settlement.
Please indicate your review and approval below by affixing your signature and
return this original memorandum to Beverly Solomon, Administrative Assistant II, of this
office as soon as possible.
REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION:
ROBERT J.NACHL GER
ASSISTANT CITY MANAGER
W752:BSS
Attachment
REVIEW AND APPROVAL
BY THE DEPARTMENT OF
MANAGEMENT AND BUDGET:
MARCELO PENHA
ACTING Dl TQ
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02-1051
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM -
TO: Carlos A. Gimenez
City Manager
FROM: Alejandro Vilarello,
DATE: September 3,
RE: Payment of Attorneys and Costs
Miami -Dade County Court Case No.: M00-72563
State of Florida vs. Antonio Mir
This memorandum seeks your recommendation concerning the payment of legal fees and
costs to the law firm of Sale & Kuehne, P.A., in the amount of $33,089.62. These fees were
incurred for the defense of Officer Antonio Mir in the above -referenced case.
On December 18, 2000, Police Officer Antonio Mir was charged with violating a County
ordinance for actions he allegedly took while in the course of his employment. The State alleged
that Officer Mir entered a restricted area at Miami International Airport while escorting Mayor
Carollo to a departing flight. After Officer Mir retained the services of Attorney Benedict
Kuehne to defend him in the matter, the State Attorney's Office dismissed the case. An Internal
Affairs investigation cleared Officer Mir and no disciplinary action was taken against him.
Mr. Kuehne has requested payment of attorneys' fees and costs for the representation of
Antonio Mir. 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 criminal
action when the action arose out of the performance of the officer's official duties and the officer
is found not guilty.
The City's expert has reviewed Mr. Kuehne's file and determined that the amount
requested Mr. Kuehne's firm is reasonable. In addition, the City Attorney's office has conducted
its own review of Mr. Kuehne'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.
RO�ISAPPROVED - AS RECOMMENDED ABOVE
City Manager
02-1051