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Home My WebLink AboutR-95-0675J-95-949 9/28/95 RESOLUTION NO. A RESOLUTION AUTHORIZING THE DIRECTOR OF THE DEPARTMENT OF FINANCE TO ISSUE A CHECK PAYABLE TO THE TRUST ACCOUNT OF THE LAW FIRM OF KLAUSNER AND COHEN, P.A. IN THE AMOUNT OF $231,500 FOR ATTORNEYS' FEES AND COSTS INCURRED BY THE FRATERNAL ORDER OF POLICE, MIAMI LODGE 20, AS FOLLOWS: (1) $90,000 FOR THE REPRESENTATION OF MICHAEL LEE CHRISTOPHER, POLICE OFFICER, IN THE CASE OF STATE OF FLORIDA VS. MICHAEL LEE CHRISTOPHER, DADE COUNTY CIRCUIT COURT CASE NO. 91-41915-LANDO; (2) $11,500 FOR THE REPRESENTATION OF DOUGLAS D. RASMUSSEN, POLICE OFFICER, IN THE CASE OF DOUGLAS D. RASMUSSEN VS CITY OF MIAMI ET AL CASE NO. 92-1986-CIV-HURLEY, UNITED STATES DISTRICT COURT; AND (3) $130,000 FOR THE REPRESENTATION OF JESUS AGUERO, POLICE OFFICER, IN THE CASE OF UNITED STATES OF AMERICA VS. JESUS AGUERO, CASE NO. 93-352-CR-MARCUS, UNITED STATES DISTRICT COURT; AND ALLOCATING FUNDS THEREFOR FROM THE CITY OF MIAMI SELF-INSURANCE AND INSURANCE TRUST FUND. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Director of the Department of Finance is hereby authorized to issue a check payable to the Trust Account of the law firm of Klausner and Cohen, P.A. in the amount of $231,500 for attorneys' fees and costs incurred by the Fraternal Order of Police, Miami Lodge 20, for the cases listed hereinbelow, with funds therefor hereby allocated from the City of Miami Self -Insurance and Insurance Trust Fund: CITY COMMISSIOX-r MEETIMG OF 5 E P 2 3 1995 Resolution No. 9 5 - 675 (1) $90,000 for the representation of Michael Lee Christopher, Police Officer, in the case of State Of Florida vs. Michael Lee Christopher, Dade County Circuit Court Case No. 91-41915-Lando; and (2) $11,500 for the representation of Douglas D. Rasmussen, Police Officer, in the case of Douglas D. Rasmussen, vs. City Of Miami, et al, Case No 92-1986-Civ-Hurley, United States District Court; and (3) $130,000 for the representation of Jesus Aguero, Police Officer, in the case of United States Of America vs. Jesus Aguero, Case No. 93-352-CR-MARCUS, United States District Court. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 28th day of September 1995. STITHEN P. CLARIk, MAYOR ATTEST: WALTER EMAN CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: 0 A Qi?�YNN YS , III - CITY TT Y AQJ/rclAss/W411 - 2 - 95- 615 L KLAUSNER & COHEN. P.A. ATTORNEYS AT LAW Stephen P. Clark, Mayor City of Miami 3500 Pan American Drive Miami, FL 33131 3'n U 95 JUL 12 AM 9. 30 July 6, 1995 Re: Reimbursement of Attorney's Fees for Lt. Michael Christopher Our File No. 95-0128 Dear Mayor Clark: E SUITE 200 •6565 TAFT STREET HOLLYWOOD. FLORIDA 33024 BROWARD: (305) 981.1222 DADE: (305) 620.6565 FAX: (305) 981.0088 This is a request for reimbursement of attorney's fees for Lt. Michael Christopher who is a retired Miami police lieutenant. The investigation of Lt. Christopher began in 1988, and ended just recently when the singular criminal charge which had been lodged against him was dismissed. Throughout Lt. Christopher's ordeal, he was represented by Carl Masztal. Mr. Masztal represented Mike Christopher in matters related to his appearance before a federal grand jury and in matters relating to a lengthy federal criminal investigation. Mr. Masztal was successful in keeping Mr. Christopher from being indicted by the federal grand jury. The State, however, charged Lt. Christopher with one count of perjury in Case No. 91-41915. Mr. Masztal engaged in a comprehensive and thorough investigation, personally interviewing numerous witnesses. Mr. Masztal also took numerous depositions and engaged in a lengthy motion to suppress hearing. The case was set for trial on several occasions. Each time, Mr. Masztal worked to prepare the case for trial. The State offered'Lt. Christopher numerous plea bargains, but Lt. Christopher refused them all. Lt. Christopher was innocent and was not willing to plead guilty and demanded his right to be vindicated through a jury trial. The State finally realized that its case was hopeless and entered a nolle prosequi. A reasonable fee for Mr. Masztal's defense of Mr. Christopher is $100,000.00. 95- Wi 5 L Stephen P. Clark, Mayor City of Miami July 6, 1995 Page 2 Request is hereby made pursuant to the common law doctrine established in Thornber v. City of Fort Walton Beach and Lomello v. City of Sunrise for the payment of reasonable attorneys' fees and costs. Additionally, Lt. Christopher clearly meets the guidelines that were developed informally by the City Commission and the City Attorney's office for reimbursement of attorneys' fees. Lt. Christopher has not been found guilty and continued working long after the allegations were made against him without being accused of any administrative wrongdoing. Please advise if you have any additional questions which should be answered prior to placing the matter on the next City Commission agenda. Very 4 ruly yours, Ro /a� d J. Cohen RJC/nla cc: Michael Christopher A. Quinn Jones, City Attorney Cesar Odio, City Manager E1vi Gallastegui, Agenda Coordinator; Carl Masztal, Esq. President Al Cotera, FOP 20 C'17r KLAUSNER & OOHIMN. P.A. ATTORNEYS AT LAW SUITE 200 6565 TAFT STREET HOLLYWOOD. FLORIDA 33024 BROWARO: (305) 981.1222 DADE: (305) 620.6565 FAX: t305) 981.0088 June 30, 1995 The Honorable Stephen P. Clark, Mayor City of Miami 3500 Pan American Drive Miami, Florida 33131 Re: Douglas Rasmussen vs. City of Miami, et al. Our File No.: 19-0072-93 Dear Mayor Clark: Police Officer Juan E. Mendez was sued by Douglas Rasmussen in United States District Court, Case No.: 92-1986-Civ-Hurley. The Co-defendants in the case were the City of Miami, City of Miami Police Department, Dade County, Dade County Court Clerk, the State of Florida and the State of Florida Department of Motor Vehicles. Early on, the City Attorney's Office decided not to represent Officer Mendez because the City Attorney's Office previously declined to represent him in another case where he was a Co - Defendant with the City. The City Attorney recognized, however, that Officer Mendez was entitled to a defense and stated that they would recommend to the City Commission that Officer Mendez be provided with the defense, with a reservation of rights. We proceeded to represent Of f icer Mendez in the lawsuit and are pleased to report that the case has been resolved with a very favorable settlement. There was no finding that Officer Mendez acted inappropriately in any fashion and in fact, Officer Mendez has not received any discipline for the incident. If there had not been a conflict of interest, the City Attorney would have represented Officer Mendez. Because of the conflict of interest, from another case, we represented Officer Mendez. Our total fees and expenses for representing Officer Mendez were $12,942.15. The City has previously paid us $1,500.00. We are � 5 61.7 5 3 L Stephen P. Clark, Major City of Miami June 30, 1995 Page 2 thus seeking reimbursement for the sum of $11,442.15. This is at the usual billing rate that we bill the Fraternal Order of Police. Please place this matter on the next City Commission Agenda for Commission approval. Very truly yours, Ronald J. Cohen j RJC/nla cc: A. Quinn Jones, III, City attorney "Cesar IOdio, City Manager AI'JCotera, FOP President 95- 6175 ATTORNEYS AT LAW AUG 10 qpf 10 32 August 9, 1995 Stephen P. Clark, Mayor City of Miami 3500 Pan American Drive Miami, FL 33131 Re: Reimbursement of Attorney's Fees for Officer Jesus Aguero Our File No.: 94-0151 Dear Mayor Clark: SUITE 200 6565 TAFT STREET HOLLYWOOD. FLORIDA 33024 BROWARD: (305) 9BI.1222 DADE: (305) 620.6565 FAX: (305) 98t•0088 This is a request for reimbursement of attorney's fees for Officer Jesus Aguero, who is a Miami police officer. Officer Aguero was indicted along with other officers in the case of United States of America v. Jesus Aguero, Case No. 93-352-CR-MARCUS. Beginning several years before trial and continuing through the trial, Officer Aguero was represented by Harry M. Solomon, who is board certified in the field of criminal defense. Pretrial preparation, for the trial was an enormous undertaking. Massive amounts of pretrial discovery was given to the defense and there were a number of pretrial motions filed, argued and decided. The trial itself was lengthy, taking over eleven (11) weeks. At the conclusion of the government's case, Judge Marcus entered a Judgment of Acquittal as to the conspiracy count of the indictment. The jury found Aguero not guilty of the remaining two counts against him. Thus, Aguero was not found guilty of any of the charges against him. Aguero has been reinstated on a fulltime basis, and is once again protecting the citizens of the City of Miami from the criminal element. Mr. Solomon estimates that his reasonable fee for defending this case is Request is hereby made, pursuant to the common law doctrine established in Th_ornber v. City of Fort Walton Beach and Lomello v. City of Sunrise, for the payment of reasonable attorney's fees and PR S 5 - 67 Stephen P. Clark, Mayor City of Miami August 9, 1995 Page 2 costs. Additionally, Officer Aguero clearly meets the guidelines that were developed informally by the City Commission and the City Attorney's Office for reimbursement of attorney's fees. Officer Aguero has been found not guilty and continues to be employed by the City of Miami. Please advise if you have any additional questions that should be answered prior to placing the matter on the next City Commission agenda. Very ruly yours, o ald J. Cohen RJC/nla cc: Jesus Aguero A. Quinn Jones, City Attorney Cesar Odio, City Manager Elvi Gallastegui, Agenda Coordinator Harry M. Solomon, Esquire j Al Cotera, President -FOP 20 95- 61,75 L LA►usNmR & Cons . P.A. ATTOANKY$ AT LAW su1Ts zoo 0906 TAFrr •rMCCT HOLLYWOOD. FLORIDA 3302A OMOWAROt MOW •O►•►iti►►d MADE► 13015l szo.eeae FAXi (3051 Oat-COSS August 10, 199:5 Honorable Staphen P. Clark, Mayor Metropolitan Dude County III N.W. lot street Suites 230 Miami, FL 33128 Rat Snyder v. City of Hiami, et al. Our File NO.: 19-0285-90 Dear Mayor Clarks Tom Trujillo is ai long-standing masaber of the Miami police Department. He is also A defendant in the civil case captioned above. For many years, we have been representing officer Trujillo in this case. We have been doing so because shortly alter the case was served, the city wrote to officer Trujillo informing him that it would not represent him. A oopy of that letter is enclosed, At this time, officer Trujillo meet* all the guidelines which have been established between the -POP and the City for the City to furnish Officer Tx-Ujillo with a defense. Officer Trujillo has not beers found guilty in any court of any wrongdoing in connection with this matter. Indeed, he was found not guilty by a federal jury. Additionally, he continues to work for the city where he is a fully functioning member of the police department. Accordingly, we believe it is appropriate for the City to pay for Offices Trujilloes defense. Please let us know how you would like to proceed. ver truly yours, R. � onald J. Cohen , PZC/n1a Enclosure co: he Quinn Joneo, MIX, City Attorney Al Cetera, President FOP 020 wr RECEIVED J UN - 5 1989 Qftjv of am f - JORGE L. FERNANDEZ City Atternoy e °••II • June 2r 1989 Hand Delivered Officer Tom Trujillo internal Security Unit 400 Northwest Second Avenue Miami, r2orids 33128 Rai Maritza Soto, etc. r st al. va. City of Miami, Perry Anderson, Pablo Camaeho, Charles Haynes, monald Sinolair, Tom Trujillo, Nathaniel Veal Jr.r Andrew Wahson, Mike Christopher, and Manuel Orosa Case No.: 88-53801 CA 05 Dean Officer Trujillos Tuleroplerl: 130lj7�4.4730 As you are aware, you have. been sued in your individual Capacity in the above -styled aCtion. Although the lawsuit alleges that you were acting within the Course and scope of your employment as a City'of Miami police officer at.the tams of the alleged incident and subsequent thereto, I must advise you that the city has concluded that it cannot represent you in this matter and that it will be necessary P.or you to obtain your own attorney at your own expense. Robert Klausner, the attorney for the Fraternal Order of Police, was previously advised of the samee once you have obtained counsel to represent yeu in this matter, you may have your attorney: contact me to obtain copies of appropriate documents necessary for your Aelonae. please govern yourself accordingly Asaistant City P893/CCM/bjr cc: Robert Rlausnere Esquire David Goodhart, Esquire OFFICE OF THE CITY ATTORNIV/1100 AmadFIM Quilding/One foutheatt Third Avonu*/M1&ml, FIGIldi 3301 / _ L