HomeMy WebLinkAboutR-97-0285M
J-97-222
4/1/97 285
RESOLUTION NO.
i
A RESOLUTION AUTHORIZING THE CITY
ATTORNEY IS ENGAGEMENT OF THE LAW FIRM OF
WEISS, SEROTA & HELFMAN, P.A., AS
COUNSEL, TO PROVIDE LEGAL SERVICES
CONCERNING ALBERTO ALBERTO, ET. AL. VS.
THE CITY OF MIAMI, FLORIDA,
CASE NO. 96-1051-CIV-DAVIS IN THE UNITED
STATES DISTRICT COURT, SOUTHERN DISTRICT
OF FLORIDA; ALLOCATING FUNDS THEREFOR, IN
AN AMOUNT NOT TO EXCEED $25,000, FROM
ACCOUNT CODE NO. 920205-250 FOR SAID
SERVICES.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The engagement by the City Attorney of the
Law Firm of Weiss Serota & Helfman, P.A., as counsel to provide
legal services concerning Alberto Alberto, et. al. vs. the City
of Miami, Florida, Case No. 96-1051-CIV-DAVIS in the United
States District Court, Southern District of Florida, is hereby
authorized, with funds therefor, in an amount not to exceed
$25,000, hereby allocated from Account Code No. 920205-250.
Section 2. This Resolution shall become effective
immediately upon its adoption.
CITY COMMISSION
MEETING OF
APR 10 1997
Resolution No,
9'7- 285
PASSED AND ADOPTED this
ATTE T-
WALTER J. FOEMAN
CITY CLERK
FINANCIAL AND BUDGETARY REVIEW:
DIPAK PAREKH, DIR CTOR
DEPARTMENT OF FINANCE
loth day of April 1997.
JOE CAROLLO, MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
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9'7- 285
N
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO : Honorable Mayor and Members
of the City Commission
FROM: A. Quinn Jones; III,
City Attorney%
DATE : April 2, 1997
FILE J-97-222
SUBJECT : Proposed Resolution: Engagement of
counsel: Weiss, Serota & Helfman
Alberto Alberto vs. the City of Miami
REFERENCES : City Commission Meeting
April 10, 1997
ENCLOSURES:
The attached proposed resolution authorizes the engagement of outside counsel, Edward G.
Guedes of Weiss Serota & Helfman, P.A., to provide legal services for Alberto Alberto et. al.
vs. the City of Miami, Florida, Case No. 96-0151-CIV-DAVIS in the United States District
Court, Southern District of Florida. Funds, in an amount not to exceed $25,000 are available
from Account Code No. 920205-250 for said services.
Engagement of outside counsel is necessary in that Assistant City Attorney, Linda Rice
Chapman, who was initially handling this case, has been declared a material witness by the
Judge and is, therefore, prohibited from representing the City of Miami. Moreover, the
remainder of the City Attorney's Office would be precluded from representation pursuant to
the Rule Regulating the Florida Bar.
This case involves a claim by 18 past and present motorcycle officers for an alleged refusal by
the City's Police Department to pay overtime wages for the unauthorized off -duty washing of
City issued take home motorcycles over a two or three year period. The lawsuit also involves
a retaliation claim. The officers allege that the City wrongfully filed an unfair labor practice
charge against two of the Plaintiffs for violating a provision of the collective bargaining
agreement which provides that they will not seek compensation for off -duty cleaning of take
home equipment. In addition, the plaintiffs complain they have been harassed and have
suffered adverse employment consequences because of their underlying complaint against the
City to the Department of Labor.
This case has a potential exposure of $250,000, inclusive of attorney fees and liquidated
damages if Plaintiffs are deemed successful.
W113:BSS
97- 285
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