HomeMy WebLinkAboutR-98-0935J-98-987
9/16/98
RESOLUTION NO, 9 8 935
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY ATTORNEY'S FEES IN A TOTAL
AMOUNT OF $111,388.75, PLUS COSTS IN THE
AMOUNT OF $744.15, AND APPLICABLE INTEREST,
AWARDED TO DONNA M. BALLMAN, ESQ., P.A.
($93,662.50), STEPHEN M. CODY, ESQ.
($13,320.00), AND NATHANIEL WILCOX
($4,406.25), IN FULL AND COMPLETE
SATISFACTION OF ANY AND ALL CLAIMS, DEMANDS
AND JUDGMENTS AGAINST THE CITY OF MIAMI,
PURSUANT TO A JUDGMENT ORDERED BY JUDGE
BARRY L. GARBER, IN CASE NO. 96-3327-CIV-
KING, IN THE UNITED STATES DISTRICT COURT,
SOUTHERN DISTRICT OF FLORIDA, PULSE (PEOPLE
UNITED TO LEAD THE STRUGGLE FOR EQUAT,ITY+
INC_), ET Al. V_ CITY OF MT MT, ET AT,;
ALLOCATING FUNDS THEREFOR FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 515001.424401.6.661, FOR SAID
PAYMENT.
WHEREAS, United States Magistrate Judge Barry L. Garber has
ordered and adjudged that Plaintiffs in PULSE (People United To
al, Case No. 96-3327-CIV-KING, in the United States District
Court, Southern District Of Florida, be awarded attorney's fees,
in an amount not to exceed $111,388.75, and costs, in an amount
not to exceed $744.15, plus applicable interest;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
SEP 2 8 1998
As"kUh..
M98_ 935
i
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
to pay attorney's fees in a total amount of $111,388.75, plus
costs, in the amount of $744.15, and applicable interest, as
awarded to Donna M. Ballman, Esq., P.A. ($93,662.60), Stephen M.
Cody, Esq. ($13,320.00), and Nathaniel Wilcox ($4,406.25), 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 StrLggl e for R"al i ty, _Inc _ Zet al v _ City of Miami, t
&L,F Case No. 96-3327-CIV-KING, in the United States District
Court, Southern District of Florida, with funds therefor hereby
allocated from the Self -Insurance and Insurance Trust Fund, Index
Code No. 515001.424401.6.661, for said payment.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 28th day of September 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation now
becomes effective with the elapse of ten (10) days fTM the date of Commission action
regarding same, without the Mayor ex i
ATTEST:
Walter X Fop KK City Clerk
WALTER J. FOEMAN, CITY CLERK
ATTORNEY _
W2934:BSS
CORRECTNESS
2 -
98 - 935
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: _ Honorable Mayor and Members of ty Commi ion
FROM: Alejandro Vilarello, City Atto
DATE: September 16, 1998
RE: Proposed Resolution/Pa nt of Judgment Award
PULSE vs. City of Mi i, et at
City Commission Meeting of September 28, 1998 (J-98-987)
United States Magistrate Judge Barry L. Garber has ordered and adjudged that Plaintiffs in
PULSE (People United To Lead The Struggle For Equality Inc) et al V. City of Miami et al, Case
No. 96-3327-CIV-KING, in the United States District Court, Southern District Of Florida, be awarded
fees, in an amount not to exceed $111,388.75, and costs, in an amount not to exceed $744.15, plus
applicable interest. The attached Resolution directs the Finance Director to pay such award.
This judgment is a result of the Plaintiffs, PULSE, challenging the form and election of the City
Commissioners and claiming that the City of Miami's election system of the members of the City
Commission weakened the minority vote and denied minority citizens a political choice. A summary
judgment was granted in favor of the Plaintiffs on all but one issue. Prior to the resolution of the
remaining issues the City voluntarily changed its elections system. Subsequently, the Plaintiffs filed a
Motion to Dismiss as Moot and a Motion for Determination of Entitlement to Attorney's Fees and
Costs. Both Motions were granted by the Court, but jurisdiction was reserved as to the determination of
the amount of attorney's fees and costs to which the Plaintiffs were entitled.
After an evidentiary hearing before Judge Garber, the Court awarded Donna M. Ballman, Esq.,
P.A. $93,662.60, Stephen M. Cody, Esq. $13,320.00, and Nathaniel Wilcox, $4,406.25, for a total fee
award of $111,388.75, plus costs of $744.15, plus applicable interest. This amount is substantially below
what the Plaintiffs sought and was consistent with the opinions offered by the City's expert witnesses.
Funds for said judgment will be allocated from the Self -Insurance and Insurance Trust Fund, Account
Code No. 515001.424401.6.661, for said payment.
W221:BSS
c: Donald H. Warshaw, City Manager
Elvi G. Alonso, Agenda Coordinator
98- 935
CITY OF MIAMI
CITY ATTORNEYS OFFICE
MEMORANDUM
TO: Mario Soldevilla, Administrator, Division of Risk Managerment
Dipak Parekh, Director, Budget and Management Analysis
FROM: Maria J. Chiaro, Assistant City Attorney
DATE: September 16, 1998
RE: Financial review and approval: Payment of Judgment
PULSE vs. City of Miami (J-98-987)
Attached is a copy of a resolution which is being placed on the City Commission Agenda for the
meeting of September 28, 1998.
United States Magistrate Judge Barry L. Garber has ordered, pursuant to 42 .U.S.C. § 1988, and
adjudged that that Plaintiffs in PULSE (People United To Lead The Struggle For Equality, Inc.), et al V.
City of Miami, et al, Case No. 96-3327-CIV-KING, in the United States District Court, Southern
District Of Florida, be awarded fees, in an amount not to exceed $111,388.75, and costs, in an amount
not to exceed $744.15, plus applicable interest. Funds for said payment will be allocated from the Self -
Insurance and Insurance Trust Fund, Index Code No. 515001.424401.6.661. Interest will accrue for
every day said judgment is not paid.
Please indicate your review and approval hereinbelow and return this original memorandum to
Beverly Solomon, Legislative Coordinator, of this office as soon as possible.
REVIEW AND APPROVAL BY THE
RISK A7NT D SION:
l
MARIO SOLDEVILLA
ADMINISTRATOR
PROVE ISAPPROVED)
W220:BSS
REVIEW AND APPROVAL BY THE OFFICE
OF BUDGE �Vv
MANANALYSIS:
kA
DIPAK P
DIRECTOR
(APPROVED/DISAPPROVED)
98- 935