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HomeMy WebLinkAboutR-94-0257J-94-398 4/14/94 RESOLUTION NO. O 4 - 257 A RESOLUTION AUTHORIZING THE DIRECTOR OF THE FINANCE DEPARTMENT TO ISSUE A CHECK ;,PAYABLE TO THE TRUST ACCOUNT OF THE LAW FIRM OF KLAUSNER AND COHEN, P.A. IN THE A14OUNT OF $268,015.25 FOR ATTORNEYS' FEES AND COSTS INCURRED BY THE FRATERNAL ORDER OF POLICE, MIAMI LODGE 20, AS FOLLOWS: $116,209.37 FOR THE REPRESENTATION OF ROBERT BAEZ, POLICE OFFICER, IN THE CASE OF STATE OF FLORIDA VS_._ ROBERT BAEZ, DADE COUNTY CIRCUIT COURT CASE NO.: 89-21760-CR; $76,805.88 FOR THE REPRESENTATION OF ROBERT SADLIER,; POLICE OFFICER, IN THE CASE OF STATE OF FLORIDA VS. SADLIER, BROWARD COUNTY CIRCUIT COURT CASE NO.: 91-92-CF-10A; $40,000.00 FOR THE REPRESENTATION OF DAWN CAMPBELL, POLICE OFFICER, IN THE CASE OF STATE OF FLORIDA VS. DAWN CAMPBELL, DADE COUNTY CIRCUIT COURT CASE NO.: 91-11195-CR.; AND $35,000.00 FOR THE REPRESENTATION OF JUAN E. MENDEZ,, POLICE OFFICER, IN THE CASE OF STATE OF FLORIDA VS. JUAN E. MENDEZ, DADE COUNTY CIRCUIT COURT CASE NO.: 90-48969, AND ALLOCATING FUNDS THEREFOR, IN THE AMOUNT OF $268,015.25 FROM. THE CITY OF MIAMI'S SELF-INSURANCE AND INSURANCE TRUST FUND. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The director of the Finance Department of the City of Miami is hereby authorized -to issue a check payable to i the trust account of the law firm of Klausner and Cohen, P.A. in the amount of $268,015.25 for attorneys' fees and costs incurred by the Fraternal Order of Police, Miami Lodge 20, as follows: 1/ — The herein authorization is subject to withdrawal by the Fraternal Order of Police of presently instituted lawsuit against the City. OTT eobMSSION KEETIXG OF ' APR 1. 4 1994 Resolution No. 4- 257 $116,209.37 for the representation of Robert Baez, police officer, in the case of State of Florida vs. Robert Baez, Dade County Circuit Court Case No.: 89-21760-Cr.; $76,805.88 for the representation of ROBERT SADLIER, police officer, in the case of State of Florida vs. Sadlier, Broward County circuit Court Case No.: 91-92-CF-10A; $40,000.00 for the representation of Dawn Campbell, police officer, in the case of State of Florida vs. Dawn Campbell, Dade County Circuit Court Case No.: 91-11195-Cr.; and $35,000.00 for the representation of Juan�E. Mendez, police officer, in the case of State of Florida vs. Juan E. Mendez, Dade County Circuit Court Case No.: 90-48969, with funds therefor being hereby allocated from the City of Miami's Self -Insurance and Insurance Trust Fund. t Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of April, 1994. all1 ST PHEN P. CLARK, MAYOR ATTE 14-ew,�� MATTY HIRAI CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: A. QdMN J S, TIT CITY ATTO Y AQJ/rcl/M4334 -2- 4- 257 KLAUSNLR & COHEN, P.A. ATTORNEYS AT LAW March 14, 1994 13 SUITE 200 6565 TAFT STREET HOLLYWOOD. FLORIDA 33024 BROWARD: (305) 9BI.1222 DADE: (305) 620.6565 FAX: (305) 981.0088 Cesar Odio, City Manager City of Miami 3500 Pan American Drive Miami City Hall Miami, FL 33133 Re: April 14, 1994 Commission Agenda Reimbursement of Attorneys' Fees for City of Miami Police Officers - Officer Robert Sadlier; Sgt. Roberto Baez; Ofc. J.E. Mendez, Ofc. Dawn Campbell Our File No. 19-0227-90 Dear Mr. Odio: This is a request that the above -referenced matters be placed on the April 14th agenda of the City Commission. They are as follows: 1. Defense of Officer Robert Sadlier in a criminal matter; 2. 3. and 4. matter. The defense of Sgt. Roberto Baez in a criminal matter; The defense of Officer J.E. Mendez in a criminal matter; The defense of Officer Dawn Campbell in a criminal Attached to this letter, please find copies of miscellaneous correspondence to the'City regarding these individuals. Should you need anything further, please do not hesitate to contact me. 94- 257 M Cesar Odio, City Manager March 14, 1994 Page 2 Thank you for your prompt attention. Very truly yours, R /nald J. Cohen RJC/jm Enclosures / cc: Josephine Argudin, ✓ Assistant to City Manager w/encl. PZ 94- 257 XLA..USNLR. cSz C01IL.,. F ATTORNEYS AT LAW SUITE 2CO 6565 TAFT STREET HOLLYWOOD. FLORIDA 33024 BROWARD: (305) 981.1222 DADEt (305) 0320.6565 FAX: (305) 951.008E July 9, 1992 The Honorable Xavier Suarez, Mayor City of Miami P.O. Box 330708 Miami, FL 33233-0708 Re: State vs. Officer Robert Sadlier Attorney's Fee Request Dear Mayor Suarez: The undersigned represents Officer Robert Sadlier, an employee of the City of Miami Police Department, who was recently acquitted of the charge of manslaughter arising out of the exercise of his police duties in an incident in 1990. In October 1990, Officer Sadlier, a resident of Pembroke Pines, was returning'.from class, which he had been taking to study for the upcoming police sergeant's exam, when he stopped at a neighborhood tavern in Pembroke Pines. He was joined at the tavern by a friend of his, a certified public accountant who is also a resident of Pembroke Pines. At the time Sadlier entered the bar he was not armed and his City issued Glock 17 semiautomatic was under lock and key in his automobile in the parking lot. Officer Sadlier and his friend were watching a Monday night football game at the bar when a fight broke out between two groups of patrons, neither of whom Sadlier was acquainted with or associated with. This altercation in the bar lasted approximately two or three minutes and appeared to have been based on the fact that some of the patrons were "regulars" and the other group were "new comers" whose presence offended the regulars. Although blows were exchanged,•no one was seriously hurt in the altercation. Officer Sadlier had nothing to do with that event. 3 - 257 �1 The Honorable Xavier Suarez July 9, 1992 Page 2 Shortly thereafter, the two groups began to fight again. In the course of this second round, one of the patrons suffered a couple of significant blows to the face. Witnesses later described one of his eyes and the side of his face as being significantly swollen. Others in the bar separated the fighters as had oocurred before. Again Officer Sadlier had nothing to do with the episode. As before, no one seemed to be seriously hurt; there was no major damage to the premises of the tavern; and no one produced or exhibited any weapon. According to testimony at the trial, efforts were made to remove the various participants from the fights in the tavern. The group of "regulars" exited the place indicating that they wanted to break off further hostilities and go about their business. The "new comers," a group of softball players who had apparently already consumed a significant amount of liquor, seemed to have contrary intentions. One of the antagonists who was apparently an amateur boxer with extensive experience and a long history of violence, slipped out the door of the tavern and had gone to his pickup truck to retrieve a metal baseball bat. He was then waiting when the group of "regular" patrons exited the bar. Officer Sadlier and his friend remained seated inside the bar. officer Sadlier did rather forcefully suggest to the bartender that the Pembroke Pines police be called. The bartender did not summon police help. Moments later officer Sadlier heard a large commotion coming from the parking lot of the tavern. Most prominent among the shouts being raised was a cry that someone had a baseball bat. Sadlier reiterated his demand to -the bartender that she call the police and then walked outside. Upon exiting the tavern, Sadlier saw the amateur boxer holding the baseball bat in both hands as though preparing to swing. This individual, George gllef.sen, was moving erratically advancing on various people almost indiscriminately and then back peddling. The crowd was asking him to drop the bat, but to no avail. Sadlier immediately arrived to the conclusion that any or all of the people within Ellefsen's immediate vicinity were likely candidates for maiming or worse. Sadlier returned to the tavern to retrieve his car keys, exited again and then walked to the rear of the' parking lot where he vehicle was parked. He unlocked the trunk of his car and retrieved his service revolvelr. He then turned towards the front of the parking lot. At first, Sadlier had the weapon secured when the approached Mr. Ellefsen. A number of people in the crowd referred 94- 257 The Honorable July 9, 1992 Page 3 Xavier Suarez to Sadlier as a cop and again asked Mr. Ellefsen to drop the bat. Mr. Ellefsen's response was "where's the fucking cop?" Officer Sadlier then demanded that Mr. Ellefsen drop the bat. Sadlier also loudly identified himself as a police officer on at least two occasions. Ellefsen focused his attention on Sadlier and with the bat still in hand began to move towards Officer Sadlier. Sadlier asked the man a third time to drop the bat, again identifying himself as a police officer. When the two men were approximately 8-10 feet apart, Ellefsen continued to advance swinging the bat. Sadlier fired one round from his weapon, striking Ellefsen in the midsection. Ellefsen was transported from the scene by rescue where he died at a local hospital. On autopsy, Ellefsen was found to have had a blood alcohol level of twice the legal limit, but also was found to have cocaine in his system. The medical examiner estimated that at the time of the events in the parking lot, that Ellefsen had a blood alcohol level of between .25 and .30. Sadlier was indicted by a Broward County grand jury and charged with the offense of manslaughter. A three week trial ensued and the jury returned a not guilty verdict after less than two hours of deliberation. Mr. Sadlier took this action to protect citizens in the parking lot of the bar while acting as a City of Miami police officer. in the course of the post -shooting investigation, personnel records of the City reflect that Sadlier was on overtime and that the entire time of the incident, including the time of the shooting, was considered as work time.. Under the doctrine established by the Florida Supreme Court in the case of Thornber v City of Ft. Walton Beach, Sadlier has a common law right to reimbursement for legal fees in the defense of any legal action, civil or criminal, arising out of the exercise of his authority as a City of Miami police officer. We ask that you place this item on the City Commission Agenda so that Mr. Sadlier's claim for attorneys' fees may be considered. V� 94- 257 The Honorable Xavier Suarez July 9, 1992 Page 4 Please advise when this matter will be placed on the Commission Agenda. Very truly yours, ROBERT D. KLAUSNER RDK/jm ' Lr/J 94- 25'7 ' dot lKL.A.USNER & 00:I:1UN, P.A. ATTORNEYS AT LAW August 23, 1993 Cesar Odio, City Manager City of Miami P.O. Box 330708 Miami, FL 33233-0708 Re: Roberto Baez Our File No. 19-0781-91 Dear Mr. Odio: SUITE 200 6565 TAFT STREET HOLLYWOOD. FLORIDA 3302•1 SROWARDt (305) 981.1222 DADEt (305) 620.6565 FAXt (305) 9131.00DU I note with no small degree of concern the fact that our demand for attorneys' fees on Roberto Baez has gone unresolved by the Commission for nearly a year, while the Lozano case has already received substantial Commission attention. Sgt. Baez not only had the criminal charges against him voluntarily dismissed by the State, but has undergone a full Civil Service review, including a review by you of the Board decision unanimously reinstating him. Sgt. Baez' return to serve the citizens of Miami as a member of theo.Police Department,. What remains unresolved, however, is the -substantial financial hardship brought about by his being forced to defend himself in the criminal action. -In addition, Sgt. Baez remains indebted to the FOP for monies borrowed pursuant to the legal defense plan. I am aware that the Commission does not meet during the month August and, therefore, we must demand that this matter be placed on the Commission agenda in September for resolution. A failure to schedule the matter will be taken by us as a denial of Baez' claim and we will feel free to take action in the circuit court to enforce Sgt. Baez' common law right to receive a defense at the expense of the City. 94- 257, ' 1 Cesar Odio, City Manager City or Miami November 14, 1991 Page 2 We await your reply. RDIC/ j m cc: Al Cotera, President FOP Lodge 20. Douglas Williams, Esquire Ed "I Ve y R ' 1 - 257 XLA'U5N:W:rC cSL CO11lilN, X ._�. ATTORNEYS AT LAW SUITE 200 6565 TAFT STREET HOLLYWOOD, FLORIDA 33024 BROWARM (305) 981.1222 DADE: (305) 020.OUGS FAXt (300) 0t31.00DU December 31, 1992 The Honorable Xavier Suarez Mayor - City of Miami P.O. Box 330708 Miami, FL 33233-0708 Re: Attorneys' Fees - Roberto Baez Our File No. 19-0781-91 Dear Mayor Suarez: The undersigned represents Sgt. Roberto Baez, a 16-year veteran of the City of Miami Police Department.* In November of 1988, while on duty as a sergeant of police and acting in' a supervisory capacity, Sgt. Baez was meeting with two uniform police officers working under his supervision and control for the purpose of collecting police reports that they had written that day. Three uniform police officers (including Sgt. Baez) in two marked police units had rendezvoused at an abandoned gas station near the Flagler Street bridge on the south side of the Miami River. The officers observed a high performance sports car being driven in an erratic manner. The car was coming from a part of the City that was known to be a "high crime" area and particularly an area where cocaine and other controlled substances were regularly and openly sold on the streets. One of the two officers who had responded to Sgt. Baez' radio message for the rendezvous stepped out into the street and flagged down the car. At that time it was being driven in the vicinity of 40 miles per hour or more. The driver of the car brought the vehicle to a, stop and was asked whether he had a driver's license. The driver was told to pull around the corner and produce his driver's license. After giving a verbal response in the affirmative, the driver then turned the corner and accelerated at a high rate of speed attempting to elude the officers. The three officers and two cars immediately gave chase. Sgt. Baez was driving one vehicle accompanied by one of the officers while -AW 94- 257 The I•Ionorable December 31, Page 2 Xavier Suarez 1992 the third officer was driving the other marked unit. Full emergency equipment and signals were being utilized (sirens and flashing lights) . The time of day was approximately 4:30 p.m. The offender. in the fleeing vehicle followed a course that led along N.W. South River Drive through traffic construction to N.W. 21zd Street. He continued to accelerate, opening the distance between him and the pursuing police vehicles. The police vehicles on at least one occasion were able to gain some ground while the offender temporarily lost control of his car, but shortly thereafter regained control and.continued on his way. The offender turned left and proceeded in a westbound direction on N.W. 2nd Street with the two marked police units in hot pursuit. When he approached the intersection of N.W. 2nd Street and Sth Avenue, he attempted to negotiate a right hand turn, but due, among other things, to the high rate of speed at which he was travelling he was unsuccessful. In order to avoid a collision with a northbound car, the offender brought his vehicle to a stop. The police units were but seconds behind. All three police officers exited their vehicles with weapons drawn. Sgt. Baez, the first on the scene, began to approach the offender who, by then, had exited his vehicle and begun to move away from the car,. but had then returned to the open door and made a gesture as though he were attempting to enter and/or retrieve something from the cockpit. Sgt. Baez had by then closed on the offender, and particularly concerned by the offender's apparent efforts to retrieve: (or dispose) of something inside the car. As Sgt. Baez was approaching, the offender came back up out of the car, took essentially a vertical position and put his hands on the roof and sloping rear window of the car. Sgt. Baez established physical contact with the offender with his left hand on the offender's left shoulder. At that moment, the offender began to turn his upper torso and head to the left while at the same time jerking his upper body and .head backward in what some witnesses described as a spasmodic fashion. The combination of the body, shoulder and head movements by the offender caused Sgt. Baez' Glock 91rim semi -automatic to discharge. Autopsy findings later showed that the offender had cocaine metabolites in his system. Evidence gathered also established that the offender had unlawfully removed money from his "girlfriend's" bank account by misusing her ATM card. An investigation concerning the offender also established that he was an habitual user of crack cocaine and had a long history of violence. in 1989, Baez was charged with one count of manslaughter. on the day before the case was scheduled for trial, the state announced a nolle prosequi (dismissal) of the charges. %jJ 94- 257 The Honorable December 31, Page 3 Xavier Suarez 1992 The matter was then returned to administrative action and in July 1992, his employment, despite a recommendation Shooting Board 'that Baez receive only a the City of Miami for Baez was discharged from from the Police Department minor reprimand. The matter was presented to the City of Miami Civil Service Board in early December 1992,. and the Board, by a 4 to 1 vote, found Baez not guilty of all charges, thereby causing his reinstatement to employment. Under the provisions of the City Charter, Civil Service Rules and the decisions of the Florida Supreme Court, the City Manager is bound to abide by a finding of not guilty by the Civil Service Board. The City of Miami does not provide counsel to police officers indicted for offenses incurred in the line of duty and accordingly, Baez was required to seek his own representation. As a result of the complexity of that case, Baez incurred attorneys' fees and costs in the amount of $132,112.47. (This does not include $34,789.21 which has already been reimbursed for taxable costs by Metropolitan Dade County.) The figures set forth in this letter are attorneys' fees and untaxed costs. Pursuant to the common law of Florida as established by the Florida Supreme Court in Thornber v. City of Fort Walton Beach, Lomello v. City of Sunrise and Branca V.-City of Miramar, Baez is entitled to be reimbursed for all costs and fees incurred in the successful defense of this criminal action. We hereby request that you take the necessary steps to secure the reimbursement of those iitonies to Bain. V RDK:jm cc: Al Cotera, President FOP Lodge 20 6 / K.j 2 5'7 XL' ATJSN1D11 & C 01-1 A'I-rORNEYS A•1- LAW S U ITt: 200 65GS TAFT STREET HOLLYW000. FLORIOA 33024 GROWAROr 13053) F)UI.1222 0A0L•': t30E)) 020-oUt35 FAX; 1305) BUI.00DU June 3, 1993 The Honorable Xavier Suarez, Mayor City of Miami P.O. Box 330708 Miami, FL 33233-0708 Re: Douglas Rasmussen v. City of Miami, Officer J.B. Mendez, et. al. Our File No. 19-0072-93 Dear Mayor Suarez: Along with 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, Officer J.E. Mendez is a defendant in a civil suit now pending in the United States District Court, Southern District of Florida, brought by Douglas D. Rasmussen, Case No. 92-1986-Civ-Nesbitt. The case has been brought by Mr. R the allegations of the Complaint Mr. Rasmussen is complaining that I on or about September 5, 1988, license. The Complaint appears Department of Motor Vehicles was suspended, in reality it was not. asmussen without an attorney and are somewhat hazy. Apparently, �e was arrested by Officer Mendez for driving with a suspended to be that even though the reporting that -the license was At the time of the arrest, Mr. Rasmussen told Officer Mendez that he was going to get him. • Mr. Rasmussen's complaint was investigated by Internal Security and Internal Security found the complaint against Officer Mendez to be inconclusive. Officer Mendez did not receive any discipline as a result of the incident. Officer Mendez requested that the The City Attorney responded (copy not represent Officer Mendez due City provide him with, a defense. attached) stating that he could to a conflict of interest as a .QJ4- 257 /_3 The Nonorable Xavier Suarez, Mayor June 31 1993 Page 2 result of another case. li'he City Attorney stated, however, that it would not be proper for the City - o decline an attorney to a police officer 'to defend a civil action arising from a complaint for damages or injury as a result of an act or omission arising out of and in -the scope of his employment and, therefore, lie would recolmttend to the City Commission that the City provide officer Mendez with a defense with a reservation of rights. Officer Mendez has requested that this office provide him with a defense and we are presently proceeding to do so. Florida law clearly provides that an officer who is sued in a civil lawsuit: arising out of the performance of his official duties is entitled to reimbursement for legal expenses• incurred in the defense of that matter. Since the City of Miami Law Department cannot provide officer Mendez with a defense due to a conflict, officer Mendez was required to seek outside counsel. Accordingly, officer Mendez requests the City of•Miami to provide hiln with a defense in this matter. An itemization of the hours spent and the fees and costs incurred to date is attached to this letter. Please place this matter on the agenda of the City Colission for consideration.. Very, truly yours, /f, / 1 �, C-,-P Ronald J. Cohen RJC/ j in Attachments cc: Cesar Odio, City Manager A. Quinn Jones, III, City Attorney Ornel "A1" Cotera, President FOP Lodge 20 Officer J.L. Mendez Iy 94- 257 C O1-EWN, P.A. ATTORNEYS AT LAW SUITE 200 6565 TAFT STREET HOLLYWOOD. FLORIDA 33024 BROWANOa t305) OUI.1222 OADEs (305) 020.6565 FAX: (305) 981.0080 November 8, 1993 The Honorable Xavier Suarez, Mayor City of Miami P.O. Box 330708 Miami, FL 33233-0708 Re: Officer Dawn Campbell Our File No. 19-0814-91 Dear Mayor Suarez: This a request for reimbursement for attorney's fees for Officer Dawn Campbell. As you are undoubtedly aware, on January 15, 1989, Officer Dawn Campbell was partners with William Lozano in the Overtown area. Officer Campbell was a witness to the events which led to Officer Lozano being charged with two counts of manslaughter and eventually being acquitted. Officer Campbell cooperated• fully with the police investigators and representatives of the State Attorney's office in.giving statements about what she had seen. Officer Campbell was charged with three counts of perjury, alleging that she perjured herself during her pretrial depositions and during the first Lozano trial. Officer Campbell was tried before a jury in Orange County, Florida. The case was transferred to Orange County with the approval of both Officer Campbell and the State of Florida, due to extensive pretrial publicity. At the close of the State's case, the trial judge granted a dismissal of one of the charges of perjury. Officer Campbell was acquitted on the remaining charges. Dawn Campbell is presently working as a City of Miami police officer. We believe that Florida law provides that an officer who must defend himself in a criminal action arising out of the performance of his official duties is entitled to a defense at the City's expense. Moreover, the City should pay for Officer Campbell's 94- 257 �S The Honorable Xavier Suarez, Mayor November S, 1993 Rage 2 defense because she was working in the course and scope of her employment at the time of the incident. officer Campbell was represented by Joel Kaplan, whose reasonable fee for his services is $50,000.00. Please place this matter on the City Commission agenda at the earliest possible time. Vlald ul yo , RJ. Cohen RUC/jm cc: Cesar Odio, City Manager A. Quinn Jones, 111, City Attorney Joel Itaplan, Esquire 04_ 25,E