HomeMy WebLinkAboutR-92-0620J-92-655
9/18/92
's
RESOLUTION NO.
92-- 620
A RESOLUTION AUTHORIZING AN INCREASE IN THE
AMOUNT OF FUNDS PREVIOUSLY AUTHORIZED FOR
PAYMENT BY THE CITY ATTORNEY TO PETER J.
HURTGEN, ESQ., OF THE LAW FIRM OF MORGAN,
LEWIS AND BOCKIUS, BY AN AMOUNT NOT TO EXCEED
$25,000 AT AN HOURLY RATE OF $150 FOR
SERVICES RENDERED IN THE LEGAL REPRESENTATION
OF FORMER FIRE CHIEF COLONEL H. DUKE IN
BOYKIN, ET AL. V. CITY OF MIAMI, ET AL., CASE
NO: 88-2033-CIV-KEHOE; FURTHER AUTHORIZING
THE CITY ATTORNEY TO PAY CRAIG J. FREGER,
ESQ., OF THE LAW FIRM OF COFFEY, ARAGON,
MARTIN AND BURLINGTON, P.A., AN AMOUNT NOT TO
EXCEED $25,000 AT AN HOURLY RATE OF $150 FOR
SERVICES RENDERED AS SUBSTITUTE COUNSEL IN
THE LEGAL REPRESENTATION OF FORMER FIRE CHIEF
KENNETH C. MCCULLOUGH IN BOYKIN, ET AL. V.
CITY OF MIAMI, ET AL., CASE NO: 88-2033-CIV-
KEHOE; ALLOCATING FUNDS THEREFOR FOR SAID
PAYMENT FROM THE SELF-INSURANCE AND INSURANCE
TRUST FUND.
WHEREAS, on November 30, 1989, the City Commission adopted
Resolution No. 89-1045 authorizing the City Attorney to pay Peter
J. Hurtgen, Esq., of the law firm of Morgan, Lewis and Bockius,
an amount not to exceed $25,000 at an hourly rate of $150 for
services rendered in the legal representation of Colonel H. Duke
in Boykin, et al. v. City of Miami, et al., Case No.: 88-2033-
CIV-KEHOE; and
WHEREAS, the $25,000 authorized for payment to Peter J.
Hurtgen has been exhausted and Colonel H. Duke remains as a
defendant in the Boykin lawsuit; and
CITY COMMISSION
MEETING OF.
0 CT 0 8 1992
Resolution No.
92- 620
WHEREAS, in Resolution No. 89-1045, the City Commission
authorized the City Attorney to pay Beverly Parker, Esq., of the
law firm of Greene and Greene, P.A., an amount not to exceed
$25,000 for services rendered in the legal representation of
Kenneth C. McCullough in the Boykin lawsuit; and
WHEREAS, Beverly Parker, Esq. has moved to Jacksonville,
Florida and is no longer available to represent Kenneth C.
McCullough who remains as a defendant in the Boykin lawsuit; and
WHEREAS, Craig J. Freger, Esq., of the law firm of Coffey,
Aragon, Martin and Burlington, P.A., has been engaged for the
continued representation of Kenneth C. McCullough in the Boykin
lawsuit; and
WHEREAS, the City Attorney has estimated that, at the agreed
upon rate of $150 per hour, the maximum billing to be submitted
by Craig J. Freger, Esq. will not exceed $25,000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The amount of funds authorized in Resolution No.
89-1045 for payment by the City Attorney to Peter J. Hurtgen,
Esq., of the law firm of Morgan, Lewis and Bockius is hereby
increased by an amount not to exceed $25,000 for services
rendered in the legal representation of former Fire Chief Colonel
H. Duke in Boykin, et al. v. City of Miami, et al., Case No.: 88-
2033-CIV-KEHOE with funds therefor for said payment being hereby
allocated from the Self -Insurance and Insurance Trust Fund.
-2- 92- 620
Section 2. The City Attorney is hereby authorized to pay
Craig J. Freger, Esq., of the law firm of Coffey, Aragon, Martin
and Burlington, P.A., an amount not to exceed $25,000 at an
hourly rate of $150 for services rendered as substitute counsel
in the legal representation of former Fire Chief Kenneth C.
McCullough in Boykin, et al. v. City of Miami, et al., Case
No. 88-2033-CIV-KEHOE with funds therefor for said payment being
hereby allocated from the Self -Insurance and Insurance Trust
Fund.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 8th day of
IT
MAT7Y HI
CITY CLERK
SELF-INSURANCE
M L M
SUJAN S . C.
DEPARTMENT
ZT FUND REVIEW:
ECTOR
SK MA 4AMM
VIER L.
, 1992.
Z, MA
BUDGETARY REVIEW:
SURANA
CITY MANAGER
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
CITY OF MIAMI, FLORIDA 0
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and Members
of the City Commission
7�-lam,
FROM /.Q02 �nyios, III
City Atto
I
CA-5
DATE : September 10, 1992 FILE J--92-655
SUBJECT Benjamin Boykin, et al. vs.
City of Miami, et al.
Case No. 88-2033-CIV-KEHOE
REFERENCES.
ENCLOSURES.
On November 30, 1989, the City Commission adopted Resolution No.
89-1045 which authorized the City Attorney to pay Beverly Parker,
Esq. and Peter J. Hurtgen, Esq. an amount not to exceed $25,000
each for services rendered at an hourly rate of $150 per hour in
the legal representation of Kenneth C. McCullough and Colonel H.
Duke respectively in Boykin, et al. vs. City of Miami, et al.,
Case No.: 88-2033-CIV-KEHOE, with funds for such payment being
allocated from the Self -Insurance and Insurance Trust Fund.
(Resolution No. 89-1045 was amended on February 13, 1992 pursuant
to Resolution No. 92-77, to change the name of the law firm with
which Beverly Parker, Esq. was associated.)
The attached Resolution is needed for two reasons. The first
reason is that Beverly Parker, Esq. has moved to Jacksonville,
Florida and is no longer available to represent former Fire Chief
Kenneth C. McCullough who remains as a defendant in the Boykin
lawsuit. Craig J. Freger, Esq. of the law firm of Coffey,
Aragon, Martin and Burlington, P.A. has been engaged as
substitute counsel for the continued representation of Kenneth C.
McCullough.
The second reason is that the $25,000 authorized in Resolution
No. 89-1045 for payment to Peter J. Hurtgen, Esq. for
representation of defendant Colonel H. Duke has been exhausted. -
The attached Resolution would authorize an additional $25,000.
A recent development in the case is that Sanford Bohrer, attorney
for the Boykin plaintiffs, filed a motion to withdraw as their
counsel. Judge Kehoe has not ruled on the motion. However,
Alcee Hastings, Esq. has filed a notice of appearance as counsel
for the plaintiffs.
AQJ/ABS/sls/M490
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