HomeMy WebLinkAboutR-97-0914J-97-910
12/18/97
RESOLUTION NO. " 7 9 14
A RESOLUTION APPOINTING CHAIRMAN HUMBERTO HERNANDEZ TO
ACT AS LIASION FOR THE CITY OF MIAMI TO MIAMI-DADE
COUNTY WITH RESPECT TO DISCUSSIONS AND/OR NEGOTIATIONS
REGARDING THE MICHAEL POTTINGER, ET AT, VG CITY OF
MIAMI LAWSUIT AND OTHER ATTENDANT ISSUES OF THE MIAMI
HOMELESS SITUATION.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Chairman Humberto Hernandez is hereby appointed to act as
liaison for the City of Miami to Miami -Dade County with respect to discussions
and/or negotiations regarding the Michael Pp inger et alya rity of Miami
lawsuit and other attendant issues of the Miami homeless situation.
Section 2. This Resolution shall become effective immediately upon its
adoption.
PASSED AND ADOPTED this 18 t"h day of 997.
(the continuation of December 9, 1997 et'ng)
XAVIER L SUAREZ, MAYOR
ATTEST-
WALTER J. FOEYIAN, CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
i-34,r'do ES, III
CITY ATT EY
W2092:YMT:CSK
DEC 9 1g97
8esolution No.
97-- 914
of �i�t �t
A. QUINN ]ONES, III
Citv Attorney
December 19, 1997
By Mail And Hand Delivery
Robert Beatty, Esq.
General Counsel
BellSouth
Museum Tower, Ste. 1910
150 West Flagler Street
Miami, Florida 33130
Re: Review of Specified Litigation Files
Dear Mr. Beatty:
(305) 416-1800
Telecopier, (305) 416-1801
The Miami City Commission, at its meeting of December 18, 1997, passed and
adopted three resolutions waiving the attorney/client privilege with respect to
confidentiality in the following matters:
1) Pottinger, et al v. City of Miami;
2) City of Miami v. Deloitte & Touche, et al; and
3) Tarafa v. City of Miami.
The waiver of confidentiality shall 2nly apply to these matters and shall not be
construed as a blanket waiver as to all pending litigation.
You should know that the City Commission, in approving the Pottinger
settlement, imposed two additional requirements upon which the settlement will
be contingent and to which the ACLU has yet to agree:
1) The establishment of a trust fund to accept donations from the
private sector to offset and satisfy the agreement upon
compensation to the homeless class, i.e. $600,000; and
9 7 - 9111
OFFICE OF THE CITY ATTORNEY/444 S.W. 2nd Avenue, Suite 945/Miami, Florida 33130-1910
Robert Beatty, Esq!
December 19, 1997
Re: Review of Specified Litigation Files
Page 2
2) All legal fees are to be paid over three fiscal years with no interest
accruing thereon.
As to the Deloitte & Touche lawsuit, I am by separate letter advising outside
counsel, Tom Tew, Esq., of the City Commission's waiver of confidentiality.
He will be further instructed to facilitate your review and any questions
regarding this matter.
The Tarafa lawsuit has been closed and does not implicate the need for a waiver
of confidentiality notwithstanding the City Commission's action.
It is important for you to know that the City Commission has reavowed the
existence of a financial emergency and, in so doing, passed and adopted a
resolution acknowledging the time frame established in the Intergovernmental
Cooperation Agreement for the Oversight Board's acceptance or rejection of the
City's Five Year Plan.
I have enclosed copies of the resolutions germane to the issue at hand. Please
contact me and advise as to how I can most effectively and expeditiously
facilitate your review of these matters.
Sincerely,
A. Qu' ones, III
City Attorney
cc: Honorable Xavier L. Suarez, Mayor
Honorable Chairman and Members
of the City Commission
Frank K. Rollason, Interim Administrator
Walter J. Foeman, City Clerk
AQI/rcVW2 17
97- 914