HomeMy WebLinkAboutR-93-0672U-93-857
10/14/93
RESOLUTION NO. 9
672
A RESOLUTION AUTHORIZING THE PAYMENT OF
$4,000 IN FULL SETTLEMENT OF ANY AND ALL
CLAIMS FOR ATTORNEYS' FEES AND COSTS INCURRED
BY MIAMI POLICE OFFICER GEORGE RUSSELL, IN
THE CASE OF MORRLLO V METROPOLITAN DADE
COUNTY, ET AL, CIRCUIT COURT CASE NO.
92-09200 (CA 15), TO THE LAW FIRM OF KLAUSNER
AND COHEN, P.A., TRUST ACCOUNT, ALLOCATING
FUNDS THEREFOR 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 payment of $4,000 in full settlement of
any and all claims for attorneys' fees and costs incurred by
Miami Police Officer George Russell in the ease of Morello v.
Metropolitan poli ta.n Dade County-, et al, Circuit Court Case No. 92-9200
(CA 15), to the law firm of Klausner and Cohen, P.A., Trust
Account, is hereby authorized, with funds therefor hereby
allocated from the City of Miami's Self -Insurance and Insurance
Trust Fund.
Section 2. This Resolution shall become affective
immediately upon its adoption.
CITY COIdIMSION
MEETING OF
0 CT 1 4 1993
Re"U60n No.
93- 672
PASSED AND ADOPTED this 14th day of 993.
VIER L. SUAREZ, MAYOR
AaLlo.'.
MATTY HIRAI
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
/7 A
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A I QU JON ' I I
CITY ATTORN
AQJ:osk:M3 5
93- 672
-2-
KLAUSNER & COHEN, P.A.
ATTORNEYS AT LAW
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:
.43
0I1 Y t�I(, �•..
C.-
71,
LE lll �yi(jy�J
(fin A rr p` i 2 .
L• 1, (; g FT STREET
HOLLYWOOD. FLORIDA 33024
August 23, 1993
BROWARD: (305) 981.1222
DADE: (305) 620.6565
FAX: (305) 9B1.00BB
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 the 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.
,q3-I
Cesar Odio, City Manager
City of Miami
November 14, 1991
Page 2
i
We await your reply.
i
r
RDK/jm
cc: Al Cotera, President
FOP Lodge 20
Douglas Williams, Esquire
r
Ve y
R '
93- 671
93_ C72
KLAUSNER St COHEN, P.A.
Attorneys at Law
6565 Taft street
suite 200
Hollywood, Florida 33024
Drowardr (305) 9a1-1222
Dadet (305) 620-6666
!"nX: (303) 981-0066
TELECOPY C04ER PhQZ
Please deliver the following telecopy to:
NAME: Matty Rodriguez, Secretary
to Cesar Odio, City Manager
COMPANY: City of Miami
TELECOPIER
TELEPHONE: 2 8 5-18 3 5
FROM: Jeri. Moffitt, Secretary
to Ronald Cohen
KLAUSNER & COHEN, P.A.
TELECOPIER: (305) 981-0088
(rite information oontained in this trsntmiseon is attorney privileged and Confidential. It is intended only for the use of the individual
Of entity named above. If the reader of this meoep is not the inten4e4 recipient, you ire hereby notified that any dissemination,
distribution or copy of this aommuniaation it strictly "ibited. If you have received this MmmunicatioA to error, pigs" notify us
immsdisMy by telephone 061190 and return the orWital messeee to us at the above address vie the U.S. Pestal Service. NV&will reimburse
you for pottsp. 'hunk you.j
MESSAGE: See Attached
TOTAL NUMBER OF PAGES (INCLUDING COVER PAGE): '` Y
DATE AND TIME OF TRANSMISSION: August 31, 1993; 3,, 36 A
9`�
IF YOU DO NOT RECEIVE ALL PAGES, OR IF MECHANICAL PROBLEMS DEVELOP,
PLEASE CALL OUR OFFICE IMMEDIATELY AT: (305) 981-1222.
THANK YOU!
93- 671
93— 672
KL,&T_ SN'ER cif COHEN, P.A.
ATTORNEY$ AT LAW
sure a00
0508 TART 6TR0ET
MOLLYWOOD. FLORIDA 33024
BROWARO; (306) QW-1222
DAME; 1305) 620.6565
FAXt (3061 081.0080
August 32, 1993
Matty Rodriguez, Secretary
to Cesar Odio, City Manager
City of Miami
P.O. Box 330708
Miami, FL 33233-0708
Re: Noel Bailey v. Juan E. Mendez, victor Ramos
and City of Miami
Our File No. 19-0027-93
Douglas Rasmussen v. City of Miami,
Officer J.E. Mendez, et. al.
Our File No, 19-0072-93
Dear Matty:
Pursuant to our phone conversation today, attached please find
copies of the letters to Mayor Suarez dated June 3F 1993 and
June 8. 1993, requesting that reimbursement of attorneys' face in
the above -referenced matters be placed on the City's agenda.
Thank you for following up on these requests. Z look forward to
hearing from you soon.
very truly yours,
I -a11�nai�lNd
ue Moff tt, P4�_to
J. Cohen
�y 93- 671
33- 672
KLAL"8N'ER & 00EIMN, P.A.
ATTORNEYS AT LAW
SUITE 200
6565 TAFT eTR6ET
HOLLYWOOD. PLOPIPA 33024
RROWARDi 1300) 001.1222
DAM (3001 620.6568
°'Axj (305) 981,0080
June 3, 1993
The Honorable Xavier Suarez, Mayor
City of Miami
P.Q. Box 330708
Miami., FL 33233-0708
Re: Douglas Rasmussen v. City of Miami,
Officer J.E. 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.B. 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-Neebitt.
The case has been brought by Mr. Rasmussen without an attorney and
the allegations of the Complaint are somewhat hazy. Apparently,
Mr. Rasmussen is complaining that 'he was arrested by Officer Mendez
on or about September 5, 1988, for driving with a suspended
license. The Complaint appears to be that even though the
Department of Motor Vehicles was reporting that the license was
suspended, in reality it was not.
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 City provide him with a defense.
The City Attorney responded (copy attached) stating that he could
not represent Officer Mendez due to a conflict of interest as a
93— 671 S
4W 93— 672
The Honorable Xavier Suarez, Mayor
June 31 1993
Page 2
result of another case. The City Attorney stated, however, that it
would not be proper for the city to 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, he would
recommand 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
him with a defense in this matter. An itemization of the hours
spent and the gees and costs incurred to date is attached to this
letter.
Please place this matter on the agenda of the City Commission for
consideration.
vsr,)� truly yours,
Ronald J. Cohen
R,7C/ jm
Attachments
cc: Cesar Odio, City Manager
A. Quinn Jones, 11I, City Attorney
Ornal "A101 Cotera, President
FOP Lodge aD
officer J.E. Mendez
of ta3.11t
A. %JINN JONES, III
Ity Attorney
April 23, 1993
Robert D. Klausner, Esquire
Klausner & Cohen, P.A.
6565 Taft Street
Hollywood, Florida 33024
Re: Douglas Rasmuseen v. City of Miami, et al
Case No. 92-1996-Civ-NESSZTT
Your File No. 19-0072-93
Inquiry regarding J.E. Mendez
Dear Roberta
(30S) : 579.6700
Telacoplar: (309) $79.3399
This is in response to your letter to A. Quinn Jones, City
Attorney, dated April 16, 1993, relative to the City's providing
Mr. Mendez with a defense in the above -referenced case. As per
our d1scussion earlier.today, the City's Law Department takes the
position that it cannot represent Mr. Mendez due to a conflict of
interest in that we have previously declined to represent him in
another case where he is a co-defendant with the City.
With regard to your telephonic request that Mr. Mendez's
attorney's fees be paid as the case proceeds, I enclose herewith
a copy of Resolution No. 93-30, as well as that portion of the
transcript of the Commission Meeting of January 14, 1993,
applicable to the requirement that an employee seek Commission
approval prior to engaging outside counsel (see pages 11 and 12
of the transcript). Moreover, although we dispute your
conclusion that internal Affairs "cleared him of any wrongdoing",
we do agree that Internal Affairs found the allegations against
Officer Mendez to be "inconclusive".
in addition, it is our opinion that the City of Miami has no
direct legal obligation under state law to provide an attorney to
defend a civil action brought against a law enforcement officer.
Nevertheless, we fetal it would be ill-advised for the City to
decline an attorney to a police officer to defend a civil action
arising from a complaint for daltlages or injury as a result of an
act or omission arising out of and in the scope of hia
employment, in the absence of load faith, malicious purpose, or
wanton and willful disregard of human rights, safety, or
property.
RECEIVED APR 2 6 1993 9 3 - 6 7 1 %
OFFICE OF THE CITY ATTORNEY/Dupont Plaza Center, Sulte 300/300 Biscayne Boulevard Way/Miaml, Florida 33131
93 672
or
Page 2
April 23, 1993
Rat Rasmussen
Robert Klausner, Esq.
.Consequently, upon Officer Mendez' petition to the City.
Commission for representation, it will be our recommendation that
a defense be provided at the initial expense of ,'die City of
Miami, WITH THE RESERVA� T„ ION_ THAT, if Officer Mendez is found to
be personally liable by virtue o:fx 1) acting outside the scope oS
hie employment; or 2) acting in bad faith, with malicious
purpose, or in a manner exhibiting wanton and willful disregard
of human rights, safety, or property, the City of Miami will seek
to recover all attorney'+s Sees paid on behalf of Officer Mendez,
in a civil action against him.
In light of the time factor regarding Mendez having been
served on April 7, 1993 as stated in your letter to the City
Attorney, my understanding is that you will be filing either an
Answer or a Motion to Dismies on behalf of Mendez and thereafter
seep to comply with they City Commission's Resolution.
LMF/cm/M262
Ens.
co: A. Quinn Jones, City Attorney
truly yours,
,LEON M. FIRTEL
ASSISTUT CITY ATTORNEY
93- 671
93— 672
Kteusner & Cohen, P.A.
Billed Time Report for 608
From 01/01/93 thru 06/01/93
Paget 1
Run 1 06/03/93
Hatter
Event
AttOrnoy
Date
Hours
$ Vetue
Bllleble
Description
raaraaaaaaaraaa
raarrarrrraraarexessaaaarasoraaaaraasrrararrrwrrraraaaaruraaaruraai
Manson sense
93.0072 FOP
20 - J, E.
MENOlx V.
DOUOLAI RASMUSSEN
8A69
RDK
04/23/93
0.40
40.00
B
PHONE CONFERENCE WITH FIRTEL
0918
RJC
04/26/93
3.00
300.00
B
RESEARCH RE POSS111.E MOTION TO DizHisc; RECEIPT AND REVIEW
OF LETTER FROM FIRTEL
$892
SIN
04/27/93
0.90
$0.00
9
PREPARATION OF MEMO TO RON COHEN RE SUFFICIENCY OF SECTION
1983 COMPLAINT
8905
SIN
04/2T/93
2.80
280.00
8
RESEARCH RE SUFFICIENCY OF PRO $E SECTION 1983 COMPLAINT
8922
RJC
04/27/93
3.20
320.00
B
RESEARCH RI POSSIBLE MOTION TO DISMISS; REVIEW OF FILE AT
COURTHOUSE; PREPARATION OF ANSWER
9205
RJC
04/28/93
0.20
20.D0
B
REVISIONS TO ANSWER AND DEFENSES
9220
RJC
04/30/93
0.20
20.00
B
PREPARATION OF LETTER TO JONES; PREPARE REQUEST FOR TRIAL BY
JURY
Metter Tot4t
10.30
1,030.00
Tot&L this report
10.30 1,030.00
9Q- 7
�3- 672
Xi.AUSNEXt & COHEN, P.A.
A7'it*RN5Y9 AT LAW
9UITQ X00
0545 TAFrr STARET
Mo6LYWOoo, rLORIDA 3302A
ORDWAFlO+ 1305) 941.1222
DAUM (3051 620.OBBS
FAX. (300) D81.0088
June 8, 1993
The Honorable Xavier Suarez, Mayor
City of Miami
P.O. Box 330708
Miami, FL 33233-0708
Re: Officer Juan B. Mendez
our File No. 19-0027-93
Dear Mayor Suarez:
on January :5, 1992, officer Juan Be Mendez, a veteran Miami Police
officer, was named as a Defendant in the case of kjoel Bay,
MigUel Exopsito,,, ofendantsl, United States District Court, Southern
District of Florida, Case No. 92-2831-Civ-Highsmith.
The lawsuit arose out of events that occurred on or about May 16,
1990, in an area near the Miami Arena. On that day, Officer Mendez
was riding -with officer Victor Ramos. They were flagged down by a
citizen who asked them if it was lawful for her to park in a
certain parking lot without paying a fee, because there was
somebody there that was charging theca a fee, officer Mendez and
officer Ramos proceeded to the parking lot. officer Mendez and
officer Ramos asked a person, who later became known to them as
Noel Bailey, who was with an unnamed juvenile, what they were doing
in the parking lot. Mr. Bailey and the juvenile began to walk
away.
Officers Mendez and Ramos stopped Mr. Bailey and the juvenile.
There were approximately 20 people in the parking lot that Mr.
Bailey and the juvenile had taken money from to park there.
Neither Mr. Bailey nor the juvenile owned the parking lot. There
was a sign on the parking lot that said "Tow Away Zone." Officer
Mendez told Mr. Bailey to give the people their money back and then
had the people move their Gars out of the parking lot.
93_ 671
1 �
"- 672
The Honorable Xavier Suarez, Mayor
June S, 1993
Page 2
Mr. Bailey and the juvenile were arrested. Mr. Bailey was placed in
the back of the police car. Because of Mr. Bailey's size, he was
not handcuffed.
On the way to the police station, Mr. Bailey became quite rowdy and
started banging on the window. officer Mendez exited his vehicle
and went to handcuff Mr. Bailey. Mr. Bailey then attacked officer
Mendez. Acting in self-defense, Officer Mendez used that amount of
force which was reasonably necessary to defend himself and to
restrain Mr. Bailey.
The matter was fully investigated by the Internal Affairs Unit of
the Miami. Police Department and it was found that the allegations
against Officer Mendez were inconclusive, and Officer Mendez did
not receive any discipline at all for this incident.
After officer Mendez was sued, he received a letter from the City
Attorney informing him that the City could not represent him in the
matter.
We wrote to the City Attorney on March 26, 1993, in an attempt to
determine why the City was not providing Officer Mendez with a
defense. In ,response, Quinn .'ones' letter of April.23, 1993,
states that the City Attorney was not representing officer Mendez
because of a conflict of interest in another case and that the City
Attorney would recommend that a defense be provided at the initial
expense of the City of Miami, with a reservation of rights. You
should be aware that the City provided Officer Ramos with a
defense.
We represented Officer Mendez. The Plaintiff, apparently
recognizing the futility of his case, voluntarily dismissed the
case against officer Mendez (as well as the other Defendants). ,
in order to defend himself, there was incurred on Officer Mendez'
behalf legal fees in the amount of $3,530.00 and costs in the
amount of $218.65.
Florida law clearly provides that an officer who must defend
himself in a civil action arising out of the performance of his
official duties is entitled to a defense at the City's expense.
The City's .Law Department did not provide officer Mendez with a
defense because of a conflict of interest and Officer Mendez was
required to week outside assistance.
Accordingly, Officer Mendez requests the City of Miami to reimburse
him in the amount of $3,748.65 for attorneys' fees and coats. An
93- 672
The Honorable Xavier Suarez, Mayor
June 81 1993
Page 3
itemization of the hours spent and the fees*and worsts incurred is
attached to this letter.
Please place this matter on the agenda of the City Commission for
consideration.
Vex rely yours,
R na d J. Cohen
Ric/ Jm
Attachment
cc: Cesar Odio, City Manager
A. Quinn Jones, III, City Attorney
Ornel "All' Cotera, President
POP Lodge 20
Officer J.E. Mendez
93- 671
93- 672
Klsuonsr i Cohen, P.A.
Pape 1
Run s 06/03/93
Billed
Tfine Report For 106
From 0110119)
thru 06/01/93
Matter
Event
Attorney Date
Hours
6 Vatme
Siltsbte
Description
■umd"afn"mam"N Muuurar
sm"NOSIANS mmummomeas0 am --a session re
93.0027 FOP N20 -
NOEL BAILEY V.
JUAN E.
MENDEZ
7086
RJC
02/03/93
1.00
100.00
B
CONFERENCE WITH BITTNER,, WISOTSKY; RECEIVE AND REVIEW PAX
FROM BITTNER: REVIEW COMPLAINT: PREPARE NOTION AND ORDER
7070
RJC
OZ/05/93
0.20
90.00
a
CONFERENCE WITH COLL.INS
7056
RJC
O2/08/93
0.10
10.00
B
RECEIPT AND REVIEW OF ORDER EXTBNDINQ TIME
7449
RJC
02/17/93
1.50
130.00
a
CONFERENCE WITH NBNDEZ; RECEIPT AND REVIEW DOCUMENTS FROM
CITY
7467
RJC
02/18/93
4.00
400,00
B
DRAFT STATUS REPORT AND REVISIONS TO SAM91 PREPARE ANSWER,
OEFENSES, NOTION TO STRIKE AND RESEARCH; CONFERENCES WITH
WISOTSKY AND PREPARE ANSWER AND DEFENSES
7469
RJC
02/19/93
2.50
250.00
S
CONFERENCES WITH WISOTSKY AND BITTNER; REVISIONS TO STATUS
REPORT AND REVISIONS TO ANSWER
7475
RJC
02/22/93
2.00
200.00
B
PREPARATION FOR AND ATTENDANCE AT STATUS CONFERENCE
7792
RJC
02/27/93
0.10
10.00
B
RECEIPT AND REVIEW OF PRETRIAL ORDER
8059
RJC
03/05/93
0.10
10.00
8
REVIEW OF MEDIATION ORDER
7L06
RJC
03/10/93
0.10
10.00
8
AICEZPT AND REVIEW OF DISCOVERY RESPONSE
7812
RJC
03/11/93
0.30
30.00
B
CONFERENCE WITH KELLIN RE INTERROQATORIES AND CLAIM AGAINST
MENDEZ
8074
RJC
03/16/93
0.50
50.00
E
RECEIPT AND REVIEW OF AMENDED COMPLAINT AND VARIOUS
DISCOVERY ORDERS
silo
RJC
03/25/93
0.20
20.00
8
PREPARATION OF LETTER TO AITTNER
8115
RJC
03/26/93
0.30
30.00
8
REVISIONS TO 817INER GETTER; CONPEREHCE WITH BITTNER
8539
RJC
03/31/93
4.00
400.00
B
RESEARCH Ag POSSIBLE MOTION TO DISMISS; PREPARE OBJECTIONS
TO INTERROGATORIES: RESEARCH RE QUALIFIED IMMUNITY: REVIEW
BITTNERIS DRAFT OBJECTIONS
8592
NM
03/31/9.3
0.70
70.00
0
RESEARCH RE CIVIL RIGHTS
8531
RJC
04/01/93
3.00
300.00
S
PREPARATION OF ANSWER AND DEFENSES; RESEARCH RE POSSIBLE
NOTION TO STRIKE; PREPARE NOTION TO DISMISS
8540
RJC
04/02/93
2.0D
200.00
8
REV111ON1 TO ANSWER AND MOTION TO DISMISS; CONFERENCE WITH
BITTNER
$547
RJC
04/05/93
0.50
50.00
B
RECEIPT AND REVIEW Of MENOS OF LAW FROM RANDS AND CITY
8569
Ric
04/09/93
0.30
30.00
0
RECEIPT AND REVIEW OF RESPONSIVE PEMORANDUM AND VARIOUS
NOTIONS AND ORDER
8579
RJC
04/12/93
1.00
100,00
S
REVIEW OF DISCOVERY REQUESTS AND DEVELOP DRAFT RESPONSES
8585
RJC
04/14/93
0.30
30.00
o
CONFERENCE WITH MENDEZ RE DISCOVERY
0750
RJC
04/16/93
2.30
230.00
0
PREPARATION OF RESPONSES TO INTERROGATORIES; RESEARCH RE
SAME; PREPARE INTERROGATORIES
8614
ROK
04/19/93
2.00
209.00
B
CONFERENCE WITH MENDEZ; COMPLETE INTERROGATORIES
8842
ROK
04/19/93
3.00
300.00
0
RESEARCH ON 2UALIPIED IMMUNITY
8843
RDK
D4/19/93
2.00
200.00
S
PREPARATION OF AND COMPLETE INTERROGATORIES: CONFERENCE WITH
MENDEZ
8774
RJC
04/21/93
0.20
20.00
S
ABVISIONS TO DISCOVERY REQUESTS
8915
RJC
04/26/93
0.30
30.00
S
PREPARATION Of RESPONSE TO REQUEST TO PRODUCE; CONFERENCE
WITH EITHER RE REPRESENTATION
9197
RJC
04/29/93
0.50
50.00
8
CONFERENCE WITH GARY KOLLIN RE DISMISSAL; CONFERENCE WI7H
MENDEZ AND COTERA
9209
RJC
04/29/93
0.20
20.DO
B
REVIEW OF FAX FROM GARY KOLLIN AND CONFERENCES WITH KOLLIN
9403
RJC
03/07/93
0.10
10.00
0
RECEIPT AND REVIEW OF COURT ORDER
1 y
Matter
Total
35.30
3,530.00
To a this report
35.30
3,530.00
Klausner d Cohen, P.A.
Papas 1
Run t 06/03/93
Wiled Expense Report for DOD
from O1/Q1/93 thru 06/01/03
Matter
Event Expense Date Units S Value Ref No. Description
arsurrrrarrrrrrrsrsssasalsrrrrrsnerrrrrsrerrrOCstssrrerrrrreQArrrsrrrrsrrrat�rorasrrrrrClt#rrrrrrrsrasaaem=AsrrrrarrasObrrr
93.0027 FCP 020 NOEL BAILEY V. JUAN E. MENDEZ
7569 06 02/03/93 24.90 TO DISTRICT COURt
7827 06 02/17/93 24.90 CITY ATTY'S MICE TO K&C
7806 06 02/19/93 24.90 TO U.S. DISTRICT COURT
7541 02 02/25/93 69 17.25
B603 06 03/29/93 24.90 TO DISTRICT COURT
8604 06 Oh/02193 24.90 TO DISTRICT COURT
9501 06 04/12/93 24.90 TO U.B. DISTRICT COURT
9049 OZ 04/23/93 $2.00
Matter Totet 218.65
TOW this report 218.65
U3_ 67C
ZLA I U I - . _ . _ _ _ ...
C,t fig urf Piumi,
A. QUIN)ONES, Ili
City ANttomey
April 23, 1993
Ronald J. Cohen, Esq.
ylausner & Cohen, P.A.
Suite 200, 6565 Taft Street
Hollywood, Florida 33024
(305); 579.67W
Telecoptcr. (3051579•3399
Bet 111001 Ra.iley v. Juan H. Mendez, Victor Ramos, Qity of
Miami and Miguel Expositor United Status District Court
Case No. 92-2831-CIV-MIGHSMITH
Dear Mr. Cohen:
Thank you for your letter of March 26, 1993. 1 have
discussed the issue you raised with my Assistants, Warren Hittner.
and Leon Firtel, as well as with my Chief Assistantr Charles
Mays.
Although we dispute your contention that Internal Affairs
concluded than Officer Mendez did nothing wrong, we do agree that
Internal Affai.xs found the allegations against Officer Mendez to
be "inconclusive".
In addition, it is our opinion that the City of Miami has no
direct legal obligation under state law to provide an attorney to
defend a civil action brought against a law enforcement officer.
Nevertheless, we feel it would be.ill-advised for the City to
decline -an attorney to a police of to defend a civil action
arising from complaint for dameages or injury as a result of an
act or omission arising out of anH in the ArnrP of hie
employment, in the absence of bad faith, malicious purpose, or
wanton and willful disregard of human rights, safety, or property
on the part of the officer.
Consequently, since the investigation of this matter by
internal Affairs was 61inconclusive1,r and since the City
Attorney's Office cannot represent Officer Mendez due to a
conflict: of interest arising out of our refusal to represent him
in another cane (i.e., Perez v. City of Miami, Case No. 91-2083-
CIV-MOORE), upon Officer Mendez' petition to the City Commission
for representation, required pursuant to Resolution 93-30
(enclosed), it will be our recnulmendation that a defense be
RECEIVED APR 2 l= 9 3- 671
OFFICE OF THE CITY ATTORNEY/Dupont Plan Center, satin Av3w alwayne Boulevard Way/Miami, Florida 33131
93- 672
/7
X-A1 UI
Ronald J. Cohen, Esq.
April 23, 1993
Page 2
provided at the initial expense of the City of Miami, WITH THE
RESERVATION that, if Officer Mendez is found to be personally
liable by virtue oft (1) acting outside the scope of his
employment; or (2) acting in bad faith, with malicious purpose,
or in a manner exhibiting wanton and willful disregard of human
rights, safety, or property, the City of Miami will seek to
recover all attorney's fees paid on behalf of Officer Mendez, in
a civil action against him.
Please coordinate with my .Assistant, Warren Bi.ttner, to
arrange for Officer Mendez' petition and appearance before the
City Commission.
WB:ra:M1468
enclosure
cc: Calvin Ross, Chief of Police
Cesar H. 0dio, City Manager
very truly yours,
• ,�
inn all I I I
City At hey
93- 672
RESOLUTION NO. 9 3 ` 30
A RESOLtTI'ION PROVIDING THAT ANY CITY OF MIAMI
EMPLOYEE WHO BEERS PAYMENT FROM M CITY OF
MIAMI FOR REASONABLE ATTORNEY'S FEES AND
COSTS ASSOCIATED WITH THE PMPLOY68'6 DEFENSE
IN A CRIMINAL ACTION WHICH INVOLVES CHARGES
AGAINST THE EMPLOYER ARISING FROM TILE
PERFORMANCE OF THE EMPLOYEE'S DUTIES WITHIN
TIIZ SCOPE OF HIS/HER EMPLOYMZNT RUST OBTAIN
APPROVAL FROM THE CITY comiSSYON PRIOR To
ENGAGING SUCH LEGAL COUSSELf FURTHER
PROVIDING THAT ANY CITY OF MIAMI ZWZoOYEE WHO
SEEKS PAYMENT FROM THE CITY OF MIAMI POR
PYASOIULE ATTORIIZY' S FLEES AND COSTS
ASSOCIATED WITH THE NXPLOYBE'S DEFENSE IN A
CIVIL. ACTION WHICH IMOLVES ALLBUTIONS
AGAINST THE EMPLOYEE ARISING FROM TUB
PERFORMANCE OF THE EXPLOYEe' S DUT128 WITHIN
THE SCOPE OF HIS/HER EMPLOY)MNT RUST FIRST
AVAIL HIMSELF/HERSELF OF THE SERVICES OF THE
CITY ATTORNEY'S OFFICE; DIRECTING THE CITY
MLWZR, IN CONJUNCTION WITH TUB CITY
ATTORNEY, TO ESTABLISH A PROCZDURS FOR THE
PAYMENT OF ATTORNEY'S FEES AND COSTS APPROVED
6Y THE CITY COMMISSION.
RE IT RESOLVED • BY THE COMMI SS ION OP THE CITY OF XIAMI ,
FLORIDA:
Section 1. Any City Of Miami employee who seeks payment
from the City of Miami for.reasonable attorney's fees and Costs
associated with the employee's defense in a criminal action which
involves chaxges against the employee +arising from the
performance of the employee's duties within the scope of his/her
employment must obtain approval from the City Commission prior to
engaging such legal counsel.
0
93- 671
Ly
I
Section a. Any City of Miami employee who seeks payment
from the City of xi,ami for reasonable attorney's fees and costs
associated with the employee's defense in a civil action which
involves allegations against the employee arising from the
performance of the employee's duties within the scope of his/her
amploymant must first avail himsalf/herself of the services of
the City Attornay's Office.
Section 3. The City Manager, in conjunction with the
City Attorney# is directed to establish a procedure for the
payment of attorney's fees and costs approved by the City
Commission.
Section 4. This Resolution shall beeome effective
Lutodiately upon its aeivpt.ion-
PASSED AND ADOPTED this 14tjL day of nu , 1993.
XAVIER I , YOR
A'1'TESTi
MATTY HrRAX
CITY CLERIC
MPARED AND APPROVED SY t
4arms "IB.SMITH
CHIRP ASSISTAI4'i' CITY ATTORMET
APPROVED AS TO PORK AND CORRECTHEM
MAW r
A. QU2NN J
=TY ATTO
A8S Jcm jc /X34 51 30
�- 671
93- 672
i
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