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HomeMy WebLinkAboutR-95-0726J-95-894 10/11/95 9 5 _ 726 RESOLUTION N0. A RESOLUTION AUTHORIZING THE CITY ATTORNEY'S ENGAGEMENT OF THE LAW FIRM OF BRUCE S. ROGOW, P.A. TO SERVE AS APPELLATE COUNSEL BEFORE THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT IN CONNECTION WITH THE CASE OF PERRY L. ANDERSON VS. CITY OF MIAMI, JORGE L. FERNANDEZ AND A. QUINN JONES, III, CASE NO. 92-0435-CIV-MOORS; ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF $60,000, FROM THE CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 620101-661, FOR SAID SERVICES. WHEREAS, former City of Miami Police Chief Perry L. Anderson ("Anderson") initiated litigation against the City of Miami, Jorge L. Fernandez and A. Quinn Jones, III, for alleged violation of his constitutional rights for failure to provide him outside counsel of his choice and at the City's expense; and WHEREAS, after a trial on the merits, a jury awarded a judgment in favor of Anderson of $2 million compensatory damages against the City of Miami and $500,000 against Jorge L. Fernandez; and WHEREAS, by order of the U.S. District Court on August 11, 1995, the Honorable K. Michael Moore reduced the jury award to $400,000; and WHEREAS, Anderson refused to accept the remittitur of $400,000 and has filed a Notice of Appeal; and CITY COMMISSION MEETING OF 0 c r 2 6 1995 Resolution No. 95- 726 WHEREAS, the City of Miami has filed a Notice of Appeal on behalf of itself and Jorge L. Fernandez; and WHEREAS, it is necessary to engage professional. legal services for the appeal before the United States Court of Appeals for the Eleventh Circuit; 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 City Attorney's engagement of the law firm of Bruce S. Rogow, P.A. to serve as appellate counsel before the United States Court of Appeals for the Eleventh Circuit in connection with the case of Perry L. Anderson vs. City of Miami, Jorge L. Fernandez and A. Quinn Jones, III, Case No. 92-0435-CIV- MOORE is hereby authorized, with funds therefor, in the amount of $60,000, hereby allocated from the City of Miami's Self -Insurance and Insurance Trust Fund, Index Code No. 620101-661, for said services. Section 4. This Resolution shall become effective immediately upon its adoption. -z- 95-- 726 PASSED AND ADOPTED this 26th day of October 1995. STEPHEN P. CLERK/ MAYOR ATTEST: �*A/TER J. FOEDI CITY CLERK SELF INSURANCE TRUST FUND REVIEW: FRANK K. ROLLASON, DEPUTY CHIEF CHIEF OF RISK MANAGEMENT DIVISION BUDGET RY REVIEW: { MANO R S. SURANA ASSISTANT CITY MANAGER APPROVED AS TO FORM AND CORRECTNESS; i AQJ/BSS/rcl/W354 CITY OF MIAM1, FLORIDA CAw 11 INTER -OFFICE MEMORANDUM TO Honorable Mayor and Members DATE October 16, 1995 .t J-95-994 of the City Commission SUaJECT Appeal ��� Anderson v. City of Miami FROM A.�uilnJo e. Ill REFERENCES City Commission Meeting City Attorn ENCLOSURES October 26, 1995 The attached proposed resolution seeks authorization for the engagement of the law firm of Bruce Rogow, P.A. to serve as appellate counsel in the above -referenced case. As you may recall, this case involved a lawsuit initiated by former City of Miami Chief of Police, Perry L. Anderson, who claimed that his constitutional rights were violated as a result of the City denying him outside counsel of his choice and at the City's expense. It is respectfully recommended that you approve this matter. 95- 726 WALTER 1. FOEMAN City Clerk r'o..1;% December 28, 1995 Ms. Ivy Korman Administration Officer II Dade County Elections Department Metro Dade Center 111 N.W. 1 st Street, Suite 1919 Miami, FL, 33128-1974 RE: CODESIGNATION: S.W. 26 ROAD FROM BRICKELL AVENUE TO SW 13 STREET AS "PIONEERS ROAD" CESAR H. ODIO City Manager Dear Ms. Korman: The City of Miami Commission, at its meeting of October 26, 1995, passed and adopted Resolution No. 95-727 concerning the above -cited codesignation. Attached hereto, please find the above -cited resolution, which is self-explanatory. . S' c rel 42, WALTER MAN City Clerk Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233005) 250-5360/FAX: (305) 858-1610