HomeMy WebLinkAboutR-95-0267J-95-309
4/3l95
RESOLUTION NO.
95-- 26'7
A RESOLUTION AUTHORIZING THE ENGAGEMENT OF
THE LAW FIRM OF MICHAEL BRODSKY TO SERVE AS
COUNSEL FOR THE CASE OF EUGENE KOWALSKI V.
CITY OF MIAMI AND KENNETH SAUVEY, DADE COUNTY
CIRCUIT COURT CASE NO. 95-04857 CA (05);
ALLOCATING FUNDS THEREFOR FROM THE CITY OF
MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND
FOR SAID SERVICES, IN AN AMOUNT NOT TO EXCEED
$20,000, PLUS COSTS IN AN AMOUNT NOT TO
EXCEED $5,000, INDEX CODE NO. 676001-652.
WHEREAS, the City of Miami and Officer Kenneth Sauvey are
being sued by Eugene Kowalski; and
WHEREAS, the City Attorney's Office has determined that a
conflict of interest exists, which ethically requires the
engagement of outside counsel on behalf of both the City and the
individual police officer being sued in said case;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The engagement of the law firm of Michael
Brodsky to serve as counsel for the case of Eugene Kowalski v.
City of Miami and Kenneth Sauvey, Dade County Circuit Court Case
No. 95-04857 CA (05), is hereby authorized, with funds therefor
CITY COM USSIOAT
MEETING OF
APB 2 7 1995
Resolution No,
95- 267
1A.,
hereby allocated from the City of Miami Self -Insurance and
Insurance Trust Fund llfor said services, in an amount not to
exceed $20,000, plus costs in an amount not to exceed $5,000.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this _ 27th day of April , 1995.
li�i
ATTE / STEPHEN P. CLARk, MAYOR
MATTY HIRAI
CITY CLERK
RISK MANGEMENT REVIEW:
--
FRANK K. ROLLASON, DEPUTY CHIEF
CHIEF OF RISK MANAGEMENT
PREPARED AND APPROVED BY:
N M. FIRTEL
SISTANT CITY ATTORNEY
LMF/em/bss/M5020
1/ Index Code No. 676001-652
-2-
BUDGETARY REVIEW:
4A—NOHAR TYANA
ASSISTANT MANAGER
APPROVED AS TO FORM AND
CORRECTNESS:
95-- 267
h&
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
FROM : A.ein nes, III
Citney
CA=16
DATE : April 4, 1995 FILE : J-95-309
SUBJECT: Kowalski v. City of Miami
Circuit Court 95-04857 (05)
Claims No. 015/PT94004
REFERENCES:
ENCLOSURES:
By way of the attached resolution, the City Attorney's
Office is requesting authority to engage outside counsel to
represent the City and Police Officer Kenneth Sauvey who has been
sued by police officer Eugene Kowalski in the Circuit Court in
and for Dade County, Florida, in a case wherein it is alleged
that Kowalski was falsely arrested and maliciously prosecuted.
The City Attorney's Office has determined that it has a
conflict of interest in regard to this matter and therefore
cannot provide representation to either the City or Officer
Sauvey under the ethical requirements of the Florida Bar. [Rule
4-1.10(a)].
Lawyers associated with the same firm are not permitted to
represent a client wherein one of them practicing alone would be
prohibited from doing so because of the availability of
information relating to representation to the disadvantage of the
former client [Rule 4-1.9(b)].
In this particular situation, the City Attorney's Office,
through Assistant City Attorney Warren Bittner, had a
confidential attorney/client relationship with Eugene Kowalski in
an action brought by Alejandro Mestre. Mestre's case arose out
of an incident that took place on or about November 25, 1990 when
he (Mestre) claimed that he was subjected to excessive force,
battery, a violation of his civil rights and other claims,
through the actions of Kowalski and two other police officers.
The instant case arises out of the same transaction and
occurrence.
Although the Mestre case
settlement, the Rules regulating
another member of the firm cannot
the former client.
was recently resolved by
the Florida Bar provide that
now take an adverse position to
Based upon the foregoing matters, we are requesting that
outside counsel be retained as is set forth in the attached
Resolution.
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