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Home My WebLink AboutR-01-0381J-01-339 4/26/01 RESOLUTION NO. 01- 3 81 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THE TRUST ACCOUNT OF ROBERT D. KLAUSNER, P.A., ON BEHALF OF THE F.O.P., LODGE 20 (FRATERNAL ORDER OF POLICE), ATTORNEY'S FEES AND COSTS, IN AN AMOUNT NOT TO EXCEED $231,896.24, FOR THOSE FEES AND COSTS RELATED TO A PROPOSED MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI AND FORMER POLICE OFFICER NOEL NOGUES; ALLOCATING FUNDS FROM THE CITY OF MIAMI SELF-INSURANCE TRUST FUND, INDEX CODE NO. 515001.624401.6.661. WHEREAS, former Police Officer Noel Nogues has expended funds defending criminal charges leveled against him and the appeal of his subsequent conviction; and WHEREAS, Mr. Nogues conviction was reversed on appeal by the Third District Court of Appeal; and WHEREAS, Florida law provides for reimbursement of attorney's fees and costs for public officers when acquitted in criminal cases; and WHEREAS, the City of Miami and Noel Nogues wish to resolve any and all outstanding matters relating to Mr. Nogues future employment with the City by entering into a Memorandum of CMT C"O MEETING OF APP 2 6 2001 iif"Oku"M no. 01- 381 Understanding, including the payment of attorney's fees and costs; and WHEREAS, the City Attorney has reviewed the facts of the case and has determined that the payment of attorney's fees and costs, in the amount of $231,896.24 is fair and proper; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Director of Finance is authorized to pay the Trust Account of Robert D. Klausner, P.A., on behalf of the F.O.P. (Fraternal Order of Police), attorney's fees and costs, in an amount not to exceed $231,896.24, for those fees and costs related to a proposed Memorandum of Understanding between the City of Miami and former police officer Noel Nogues, with funds allocated from the City of Miami Self -Insurance Trust Fund, Index Code No. 515001.624401.6.661. Page 2 of 3 01— 381 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.'/ PASSED AND ADOPTED this 26th day of April , 2001. JOE CAROLLO, MAYOR In accordance with Miami Code Sec, 2.36, since the Mayor did not indicate apprrnlfll of this legislation by signing it in the designated place p vided, said lea!-'- ,s taecomes effective with the elapse of ten (10) days fro e date of Ccmn ATTEST: regarding same, without the Mayor exPis' g a t 'e1 , WALTER J. FOEMAN CITY CLERK APPROVED ATTORNEY 5247:BSS CORRECTNESS:'_ 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 3 of 3 01- 381 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and DATE_: Members of the City Commission SUBJECT: 6 441V FROM: Carlost. Gimenez REFERENCES: City Manager ENCLOSURES: RECOMMENDATION April 17, 2001 3-9 Requests for Payment of Attorney Fees FILE: The Administration recommends that the City Commission approve the attached Resolution for payment of attorney's fees and costs in the amount of $231,896.24. The payment of the attorney's fees and costs arise out of a proposed wage settlement between the City and Noel Nogues, former Police Officer. BACKGROUND Mr. Nogues was terminated from his employment with the City as a Police Officer on May 27, 1998 as a result of a conviction. On appeal to the Third District Court of Appeal Mr. Nogues' conviction was reversed. Further, the Civil Service Board dismissed all charges against Mr. Nogues relating to his termination from the City of Miami Police Department. The Miami Police Department and the City Administration agrees, that it would be in the best interest of the City if Mr. Nogues did not continue his employment with the City. The City has, therefore, entered into discussions with Mr. Nogues resulting in a proposed settlement agreement to resolve any and all outstanding matters relating to Mr. Nogues' future employment with the City. The settlement agreement includes payment of attorney's fees and costs expended by Mr. Nogues in defending and appealing the criminal charges brought against him by the State of Florida in the amount of $231,896.24. Alejandro Vilarello, City Attorney, has viewed the facts of the case and does not object to the payment of the stated attorney's fees and costs. If the proposed Resolution is approved by the City Commission authorizing the Director of Finance to pay the attorney's fees and costs, a check will be issued payable to the Trust Account of Robert D. Klausner, P.A. on behalf of the F.O.P. Funds for payment of the attorney's fees and costs will be allocated from the City of Miami Self -Insurance Trust fund, Index Code No. 515001.624401.6.661. CAG/RSW/rsw c: Alejandro Vilarello, City Attorney 01. 381 MEMORANDUM OF UNDERSTANDING This Agreement has been entered into between the City of Miami)"City"), Noel Nogues ("Nogues"), Sharpstein & Sharpstein, P.A., Robert D. Klausner, P.A., and the Fraternal Order of Police, Lodge 20, this of April, 2001 in resolution of all claims between the parties. WHEREAS, Nogues was employed by the City as a law enforcement officer; and WHEREAS, NOGUES' conviction was reversed on appeal by the Third District Court of Appeal; and WHEREAS, the Civil Service Board of the City of Miami dismissed all charges against Nogues relating to his termination from the City of Miami Police Department; and WHEREAS, Nogues wishes to return to the City of Miami Police Department as a police officer; and WHEREAS, the parties recognize that further administrative action or litigation will require a substantial expenditure of funds and resources by the parties; and WHEREAS, Nogues has expended considerable sums in attorney's fees in defending the criminal charges leveled against him; and WHEREAS, Florida Law provides for the reimbursement of attorneys fees and costs for public officers when acquitted in criminal cases; and WHEREAS, the parties involved wish to resolve any and all outstanding matters relating to Nogues' future employment with the City; NOW, in consideration of the above, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: I 1of3 01-- 381 1. Nogues shall be reinstated as a police officer with the City upon execution of this Agreement. There shall be no break in service in Nogues' employment from May 27, 1998 to the date of reinstatement. Upon execution of the Agreement, Nogues shall be entitled to any and all backpay due him from May 27, 1998 until the date this Agreement is executed, less one hundred eighty (180) -calendar days, from May 27, 1998 through November 3, 1998. 2. Nogues shall retire from the City, which retirement shall be effective April 30, 2001. Nogues' retirement shall be deemed a normal retirement under the Rule of 64. The City will approve Nogues' retirement and he shall have been considered to have retired in good standing. Nogues' personnel file will reflect that he has retired from the City in good standing. Nogues will not be eligible nor will he apply for the DROP program and he shall be considered to have separated from the City on his retirement date, April 30, 2001. 3. All of Nogues' sick leave, which was forfeited from the City, shall be returned to him and credited to his sick leave account. Nogues shall be paid in full for the forfeited sick leave. Nogues shall also be credited for his sick leave for the period from May 27, 1998 through April 29, 2001. However, only 50% of the sick leave accrued during this time period shall be paid to Nogues. 4. All vacation leave, which was forfeited by Nogues, shall be returned to him and he shall be paid for all of the leave forfeited. Nogues shall also be credited for his vacation leave for the period from May 27, 1998 through April 29, 2001. For the purposes of this agreement, it will be presumed that Nogues used 80 hours of vacation leave for each complete year covered by this agreement. 5. The City shall pay Nogues any and all attorney's fees and costs expended by him in defending and appealing the criminal charges brought against him be the State of Florida. The total amount of attorney's fees and costs to be paid by the City is Two Hundred Thirty One Thousand Eight Hundred Ninety Six Dollars and Twenty -Four Cents ($231,896.24). This sum shall be made payable to the Trust Account of Robert D. Klausner, P.A. and shall be paid upon execution of the Agreement. 6. It is acknowledged by the City that Nogues is presently on the list of affected employees in the case of United States of America v. City of Miami (1992 Sergeant and Lieutenant lawsuit). It is agreed that Nogues shall be. treated as a retired member for purposes of this lawsuit. Any 2of3 01- 381 rights Nogues may have for entitlement to a share of settlement proceeds or benefits as a result of the outcome of this lawsuit will not be extinguished upon his retirement from the City. 7. It is acknowledged by the City that Nogues is presently on the list of affected employees in the case of United States of America v. City of Miami (1994 promotional lawsuit). It is agreed that Nogues shall be treated as a retired member for purposes of this lawsuit. Any rights Nogues may have for entitlement to a share of settlement proceeds or benefits as a result of the outcome of this lawsuit will not be extinguished upon his'retirement from the City. 8. The City Manager shall variably recommend this agreement to the Miami City Commission. THIS CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year written above. THE CITY OF MIAMI, a municipal Corporation of the State of Florida By: CARLOS GIMENEZ City Manager SHARPSTEIN & SHARPSTEIN, P.A. By: Richard Sharpstein, Esq. NOEL NOGUES FRATERNAL ORDER OF POLICE By: Omel "Al" Cotera ROBERT D. KLAUSNER, P.A. Robert D. Klausner, Esq. 3of3 Q1- 381