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Home My WebLink AboutR-94-0640J-94-575(b) 7/1/94 RESOLUTION NO. 94- 640 A RESOLUTION DENYING THE PAYMENT OF LEGAL FEES, IN THE AMOUNT OF $710,000.00. TO THE LAW FIRM OF BLACK & FURCI FOR REPRESENTATION OF WILLIAM LOZANO IN THE CASE OF THE STATE OF FLORIDA V. WILLIAM LOZANO, CASE NO. 89-2972, IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The payment of legal fees, in the amount of $ 710,000.00, to the law firm of Black & Furoi is hereby denied for representation of William Lozano in the case of the STATE OF FLORIDA v. WILLIAM LOZANO, Case No. 89-2972, in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida. Section 2. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 8th day of September 1994. STEPHEN P. cLARk, MAYOR ATT MA Y HIRAI CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: r A ! QUI14N JO E III CITY ATTO BSS:M4459 CM COMMMSION =ETING OF i i SEP 0 8 I994 116201ati= Na 94- 640 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM .14 - - - -- J-94-575a Honorable Mayor and Members JU B 1994 J-94 575b TO : O fy the QLty � � DATE : y ' FILE . SUBJECT : Authorization to pay Legal Fees FROM : A • QuinneT ► REFERENCES : City -i Mai on Meetl City AttoJul 14, 1994 ENCLOSURES: In oonneotion with the scheduled publio hearing regarding the payment of legal fees to the law firm of Black V Furoi for representation of William Lozano, we have prepared two proposed resolutions, i.e., approval ,or disapproval of same, for oonsideration by the City Commission at the July 14th City Commission Meeting. ' 86B:?953 oo: Cesar H. Odio, City Kanager r i CITY OF MIAMI t AUTHORIZATION TO ADVERTISE Date: June 28, 1994 Publication: DAILY BUSINESS REVIEW P. 0.#1289 Please publish the attached advertisement one time to be: , Published on: July 1, 1994. Section: Local - Legal Display Size 7 POINT TYPE/AS NECESSARY Subject PUBLIC HEARING/ROY BLACK, ESQUIRE Please send notarized proof of publication and invoice to: MATTY HIRAI CITY CLERK CITY OF MIAMI, FLORIDA P. 0. Box 330708 Miami, Florida 33233-0708 For further information please contact Karla Patterson. Telephone no. 250-5366. { Z5 =8 wa 1 E Hnr h6 94 NQli�d! �!ttl:+ln� 311!i�'lS!J��i 64017 3�1��o S,83,Z)V W kilo CITY OF MIAMI, FLORIDA NOTICE TO THE PUBLIC PLEASE ALL TAKE NOTICE THAT a public hearing will be held by the City Commission of the City of -Miami, Florida, on July 14, 1994, at 10:00 a.m., in the City Commission Chambers at City Halls 3500 Pan American Drive, Miami, Florida, for the purpose of considering requested payment of attorney's fees by counsel for former police officer William Lozano. All Interested persons are invited to appear and may be heard in connection with this item. (CITY SEAL) MATTY HIRAI (1289) CITY CLERK CITY OF MIAMI, FLORIDA 94- 640 PLEASE ALL TAKE NOTICE THAT a public hearing will be held by the City Commission of the City of Miami, Florida, on September 8, 1994, at 10:00 a.m., in the City Commission Chambers at City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of considering requested payment of attorney's fees by counsel for former police officer William Lozano. All interested persons are invited to appear and may be heard in connection with this item. (CITY SEAL) MATTY HIRAI (2213) CITY CLERK CITY OF MIAMI, FLORIDA ............ ^� f } CITY OF MIAMI, FLORIDA t INTER -OFFICE MEMORANDUM TO' HONORABLE STEPHEN P. CLARK, MAYOR DATE : August 2, 1994 FILE AND MEMBERS OF THE CITY COMMISSION surEcr : Black & Seiden Letter FROM : REFERENCES: MILLER DAWKINS Vice -Mayor ENCLOSURES: Attached is a letter from the law firm of Black & Seiden. The letter does not denote that there were carbon copies mailed to each of you. Perhaps it was sent to each of us individually. If you did not receive a copy of this letter, please review this one so as to become aware of the Firm's concerns. Please be apprised that I agree with Mr. Black, the item should be voted on at the next Commission Meeting. cc: Cesar Odio, City Manager c a;. Panty Hirai, City Clerk 94- 640 LAW OFFICES OF BLACK & SEIDEN A PROFESSIONAL ASSOCIATION SUITE 1300 201 SOUTH BISCAYNE BOULEVARD MLAN, FLORIDA 33131 ROY BLACK MARK SEIDEN SCOTT A. KORNSPAN PAUL D. PETRUZZI July 25, 1994 Mr. Miller Dawkins Vice Mayor, City of Miami 3500 Pan American Drive Miami, Florida 33133 RE: ATTORNEYS FEES/OFFICER WILLIAM LOZANO Dear Commissioner Dawkins: TELEPHONE 371-0421 AREA CODE 305 C") A M z-1 - .. i� This letter is in reference to our outstanding legal fees for representation of Officer William Lozano, a police officer with the City of Miami, and our continuing unsuccessful efforts to secure payment of those fees. Frankly Mr. Dawkins, our patience has been exhausted but we will make this one final effort to, at the very least, secure a vote by the Commission of the City of Miami. On June 2, 1993, we sent a bill of $710,000 to the City of Miami. This was a substantially reduced fee requested by us in a good faith attempt to amicably resolve any disputes. However, this reduced fee is for pre -litigation settlement purposes only. The amount sought once litigation is commenced would be substantially higher and our goal through such litigation would be to seek the amount we are actually entitled to. As I am sure you are aware, our adjusted fees for settlement are quite reasonable and pale in comparison to the $2 million plus spent by the State Attorney's office in this case. During the past 15 months, we have attempted to obtain payment of these fees from the City of Miami yet have basically been ignored during that time. Through a number of letters to City officials we have made every good faith effort to settle this matter amicably. On June 2, 1993, 1 sent a letter to then Mayor Xavier Suarez outlining our requests, and asked that the matter be placed on the City Commission agenda for consideration. At a subsequent July 22, 1993 Commission meeting we again asked for reimbursement of our fees but no action was taken. Since that time this firm has been attempting to settle this matter or have it placed back on the City July 25, 1994 Page 2 Commission agenda. We were somewhat encouraged when our reimbursement request was scheduled for discussion at the June 9, 1994 commission meeting. However, any chances at a meaningful discussion were lost upon the motion by yourself to take the item off the agenda. You stated that you wanted to give members of the public the ability to come to a public forum and speak out on this issue. As a result of your motion, our request for attorney's fees was put off until the July 14, 1994 meeting. Prior to the July 14th commission meeting, a proper Notice To the Public was made so that members of the community could come and speak out on this issue. I, along with other representatives from this Firm, arrived at the July 14th meeting only to find out that our attorney's fees issue was again taken off the agenda. Although not all commission members were present on the 14th, there were enough for a quorum, and discussion and/or a vote should have occurred. As a result of the City of Miami's actions during the past 15 months there is a deep seated belief that the City is not interested in making a good faith effort in resolving this matter. Thus, it appears imminent that legal actions will have to be initiated in order to collect our fees. I cannot understand the reluctance on the part of the City of Miami to fulfill its obligation to, at the very least, take a vote on this matter. According to Section 2- 13(2), of the Code Of The City of Miami, "all business that shall come before the city commission SHALL be taken up in the order as such items of business appear on the agenda." The City Commission has not taken this matter up but merely ignored their duty to discuss and vote on it. The Commission has not fulfilled their legal duty as a governmental body and properly voted on this issue. Continual refusals to even take a vote on this matter is not a proper "carrying out" of the duties assigned by the City Code. As a result, I remain unreimbursed for my legal fees for the defense of an employee of your City.. Whether you agree with the outcome of the Lozano case or not, Mr. Lozano, a city of Miami Police officer, was criminally charged, tried and acquitted by a competent jury. The City of Miami should, therefore, pay for his legal defense. I am of the understanding that on April 14, 1994, the City Commission passed Resolution No. 94-257, authorizing the payment of $268,015.25 for attorney's fees and costs arising out of representation of various City police officers. While I see that as a positive action by the City, I continually wonder why the payment of Officer Lozano's fees require such unprecedented treatment. 94- 640 July 25, 1994 Page 3 Therefore, based upon the foregoing, Black & Seiden, P.A., hereby respectfully demands that the City of Miami Commission, pursuant to Section 2-12 of the Code of the City of Miami, places the item of attorney's fees for the defense of William Lozano on the agenda for the September 8, 1994 City Commission meeting. At the conclusion of any discussion, the Commission must vote on the attorney's fee issue. Without such a vote, the City of Miami will have, and continues to, prohibit Black & Seiden, P.A. from concluding this matter, all to its legal detriment. If a vote is not taken at the September 8, 1994 Commission meeting, Black & Seiden, P.A. will take appropriate legal actions to secure payment of these monies. Given the current exposure to the City and its taxpayers following the Perry Anderson case, I would think that the City fathers would take a strong look at a vote and resolution of this issue. It is time for all parties to place this matter behind us. I Very trul yours, i I TWS Roy Black I i i i i 94` 640