HomeMy WebLinkAboutR-98-0052J-97-870
12/1 /97
98- 52
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY A FINAL JUDGMENT AWARDING ATTORNEYS' FEES,
IN THE SUMS INDICATED, TO DONNA M. BALLMAN, P.A.,
$5,750, STEPHEN M. CODY, ESQ., $9,516, AND TAXABLE
COSTS OF $1,350 TO MICHAEL FINGAR, FOR A TOTAL OF
$16,616, IN FULL AND COMPLETE SATISFACTION OF ANY
AND ALL CLAIMS, DEMANDS AND JUDGMENTS AGAINST
THE CITY OF MIAMI, IN PULSE (PEOPLE UNITED TO LEAD
THE STRUGGLE FOR EQUALITY, INC.), ET AL V. CITY OF
MIAMI, ET AL, CASE NO. 97-7557-CA-10, WITH SAID
FUNDS TO BE PROVIDED FROM THE INSURANCE AND
SELF-INSURANCE TRUST FUND, INDEX CODE NO.
515001.424401-661.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized to pay a final judgment
awarding attorneys' fees, in the sums indicated, to Donna M. Ballman, P.A., $5,750,
Stephen M. Cody, Esq., $9,516, and taxable costs of $1,350 to Michael Fingar, for a total
of $16,616, in full and complete satisfaction of any and all claims, demands and
judgments against the City of Miami, in PULSE (People United to Lead the Struggle for
Equality, Inc.) et al v. City of Miami, et al, Case No. 97-7557-CA-10, with said funds to be
provided from the Insurance and Self -Insurance Trust Fund, Index Code No.
515001.424401-661.
Section 2. This Resolution shall become effective immediately upon its adoption.
CM �TINC�IIS Or
JAN 13 1998
no.
98- 52
PASSED AND ADOPTED this 13th day of January , 19915.
ATTEST:
WALTER J(��-FjW
CITY CLERK
RISK MANAGEMENT REVIEW:
MARIO E. SOLDEVILLA
RISK MANAGEMENT ADMINISTRATOR
BUD ETARY REVIEW:
DI AK M. PAREKH, DIRECTOR
BUDGET & MANAGEMENT ANALYSIS
APPROVED AS TO FORM AND CORRECTNESS:
W2054:CSK
AVIER L. VAREZ, MAYOR
- 2 - 981- 52
CITY OF MIAMI, FLORIDA 22
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members DATE. December 2, 1997 FILE _: J-97-870
of the City Commission
SUBJECT: Judgment Resolution
Attorney's Fees re PULSE, et al
v. City of Miami, et al
FROM one , III REFERENCES : City Commission Meeting
r.4uinn
ENCLOSURES: December 9, 1997
People United to Lead the Struggle fbr Equality, Inc. (PULSE) and Elder Carolyn
Daniels brought an action against the City of Miami and City Clerk to invalidate any action
taken by the City Commission in a closed meeting on March 20, 1997. The plaintiffs
further sought to have the transcript of the meeting declared a public record and thus
requiring the City Clerk to disclose same.
The City of Miami and City Clerk were represented by Joseph Serota, Esq. of
Weiss, Serota & Helfman. Because the notice for the closed meeting did not comply in all
respects with the requirements of Section 286.011(8), F. S., a stipulation of settlement was
entered into wherein it was agreed that the attorney -client privilege between those in
attendance would not be waived as a result of the City voluntarily releasing the transcript.
As the parties were unable to reach an agreement as to reasonable attorneys' fees,
the judge held hearings and took testimony as to reasonable attorneys' fees in the amount
of $15,266 and taxable costs of $1,350. Because of the excellent representation of outside
counsel, the City was able to pare the attorneys' fees demand down from the requested fee
of approximately $46,000.
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