HomeMy WebLinkAboutR-96-0719J-96-1362
10/10/96
RESOLUTION NO P 6— 7 19
A RESOLUTION AUTHORIZING THE ENGAGEMENT OF THE LAW
FIRM OF SWEETAPPLE, BROEKER & VARKAS, TO SERVE AS
COUNSEL TO THE CITY OF MIAMI IN CONNECTION WITH THE
NUISANCE ABATEMENT BOARD RELATED LAWSUIT, CYNTHIA
JORDAN, ET AL, VS. CITY OF MIAMI, UNITED STATES DISTRICT
COURT, SOUTHERN DISTRICT OF FLORIDA, MIAMI DIVISION,
CASE NO 93-1469-CIV-NESBITT; WITH FUNDS THEREFOR HEREBY
ALLOCATED, IN AN AMOUNT NOT TO EXCEED $25,000, FROM
THE SELF-INSURANCE AND INSURANCE TRUST FUND, ACCOUNT
CODE NO. 62103-661.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1, The City Attorney's engagement of the law firm of Sweetapple, Broeker &
Varkas, to serve as counsel to the City of Miami in connection with the Nuisance Abatement Board
lawsuit, Cynthia Jordan, et a/ vs. City of Miami, United States District Court, Southern District of
Florida, Miami Division, Case No. 93-1469-CIV-NESBITT, is an amount not to exceed $25,000, is
hereby authorized, with funds therefor hereby allocated from the Self -Insurance and Insurance Trust
Fund, Account Code No. 620103-661for said services.
Section 2, This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 10th day of October, 1996.
OE ARO LO, MAYOR
ATTEST -
WAALTER F MAN, CITY CLERK
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
A.Q NN JbqYN,III
CITY ATTO Y
W 1772: CSK
cnTCOMMMON
TUgG OF
OCT In, 1996
Resolution IQo.
9�- 719
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Mayor-Joe-Carol,lo ID:305-854-4001 OCT 02'96 14:08 No.027 P.01
LAW QFFIc Cs OFff
SWEETAPPLr., ®ROCKER & VARKAS
A PARTNC145H10 OF pROFCS31ONAL. A550GIATI0N6,
DOUDLAS Q 9*01EKER. RA.
TQNTH FLOOR CONCORO 9"OINo
i1XTT-WX WLIT FL.AOLER SIRE"
MIAMI, FLORIDA RIDA 33130
Tr"PHONC 130i! 3iA•5"3
Tt:LECOPIrR t3051390-1023
RODCRT A. SWCETAPPLF*
DOUGLAS C. GROEKER
ALEXANDEN A. PARKAS. JR.
GEOFFREY C 13ENNCTT
j PAUL a. FELTMAN"
Toss S. TOYNe September Joe 1996
� •i4A11D CEMv,eD CIVI�7Aut �\TIMNCT
••AIiD lPNtTrtD IN Tiil•�
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vi FAcsjmilQ 30S12S5-1835
Merritt Sterhi.em
City Manager
City of Miami.
15oo pan American Drive
Miami, FlorLda 33133
Fie: Cynthia Jordan, et. a1. V. City of Miami
Dear Mr, Sterhiem:
1ROS%RT .*, SWRLTAPt Lw, RA.
465 EAST PALMETTO PARK ROAD
BOCA RATON, FLORIDA 3343Z
TELEPHONE 14071 "Z•1210
MIAMI LINE 13051 P44.1645
TELECOPIER 14071 304•St02
Dust ♦6Pt,Y TO
MIAMI
Before getting to the business of tbLts letter, let me
first thank you for accepting the position as manager of our City.
We axe fortunate to have your wi-adnm, experience and capability at
a critical time for Miami. I perceive that you, the Mayor and
Commissioners are together paddling a canoe through class IV
rapids: it all rushes very fast, you fake tremendous turbulence,
and huge and t.,reacherous Obstacles; but if you meet the challenge
you all, together, will have brought the City a Long way in a short
time. This newly reconstituted mayor/Cnmaaissioners/manager team
reminds m® of a rejuvenated Mizzi Dolphin team; the enthusiasm is
palpable, among all of you — the "players," as well as ua who live
and work in Miami — the I f'•a.ns. "
Now for the more mundane business of thin letter: It is
my privilege to serve as litigation counsel for the City of Miami
in a case entitled Cynthia Jordan, et. za.I. v. The City of Mi,ama.
The case arose from a decision by the C.ity,s Nuisance Abatement
Board. I serve a 3 legal counsel to the Board while an Assistant
City Attorney prosecutes the cases. I happened to undertake this
litigation representation because the case arose on an emergency
basis in Federal Court in August, 1993: the .Assistant City
Attorney who handled the Nuisance Abatement Board matters was not
certified to appear in Federal (Court is the Southern District of
Florida. Meanwhile, I was both certified and knew the facts and
law.
96 - 719 1
Mayor-Joer-Car o l l o ID :305-854-4001 OCT 02, 96 1 :09 No .02? P.02
1 Merritt Stexhiem
Ci t:y Ala Ager
September 1.8, 1996
Vaga 2
The case ntart*�d with a temporary injunction entered
against the City without notice. Within a span of eight weeks, and
fallowing numearous hearings, =tions and legal, memoranda, we
obta.iz d a ds am, ..&.x1 of tho case with prejudice. p1ai.uL1-):1sa took
a.n appeal to the 11th Circuit. 1 did not take part is the appeal:
it was handled by the Appellate Division of the City Attorney' s ,
ottice. The di .saal tetras reversed and the case was xemandad for
further proceedings. Judge Laaare Nesbitt has scheduled trial for
14dv�.nabar 2 S .
At a. status coafere nce in t.hi.s case. Judge Neabitt's
comment to me in open court has been "c.au't the City settle this
case?. :tu fact, the thirty-oDe (311 pl.aialtlffs are wi3ling to
accept th+a amount ni; $24,800 i= full. &ettleweut UZ all of their
clai= in my view, the cost of simply, defending this case will
exceed $25, 000. In try view, it uau.ld be 1-=esp4asible for me try c n
work and charge the City when the case cyan be %ettled for less than
the amount of my aauticiPated le,9&I fees® Qa the lather hand, a.
deoLai on must b�c mach prompt.1y Lv-c4 isa it would I-Ucewis a be
irresponsible to allos-a the case to p,rc�gresa to the even of trial
without &decpmto preparation. Tbexefore, Whiles this roqueot comes
to your office halatedly, T ask that you act sui-ftly.
I would 1aa La bring thin matter before the City
Commission for consideration at the next Co=Lizsion meting. The
political issues arc ooten ' A13enzitivn bg#caur.E an &--Si went dan
be made that than® �alaizatiff� _do not deserve ��eaui�r �d that it
Would-be 2oDr poll to ,pay a r-ettlement when there roan be no legal
liabi atsr. on the athe.r hand,, tiie plaintiffs ' C'laaiTnei matte survived
an appeal. it is possible that the Courts the second time around,
win treat plaintiffs, claim rarittahly, to avoid the possibi-Xity
of it second reveraai. Recognizing that the plaintiffs are
impoverished re-sidents of the City of Hiazi, and that they claim to
have bean put out of t-hei.r hou es Improperly, loaLng their
posseasions through alleged callous conduct by employes a Of the
City of Miami.,, jury sympathy c6ald result; im an award which iAs many
times the amount reque-sted for settlement. The settlement amount
averages lose than $1,000 per plai,ntiif.
I recognaza tbAt t.hiz rpestion could be a "political hot
potato." The City Attnrnesy has dLractsd me to take this mattes up
with the individual. Commissioners and bring it before the
Cn=; Asi.on if a majority of the Comnissioners agree. Z reviewed
this wl h Mayor earoll o ' s otitice and was dixect.ed to write to you
Law ovr4cEc or
SW EETAPPLE, BROCKER & VARKAS
A Oo A11TNER.%NIP or Ptior LSSIONAL ASDOCWPAON4-
z 96-- 719
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