HomeMy WebLinkAboutR-91-0459s
J-91-575
6/20/91
91_ 459
RESOLUTION NO.
A RESOLUTION GRANTING JORGE L. FERNANDEZ,
CITY ATTORNEY, A SALARY INCREASE IN AN
AMOUNT WHICH RESULTS IN HIS SALARY BEING
EQUAL TO THAT OF THE CITY MANAGER.
WHEREAS, Jorge L. Fernandez was appointed City Attorney on
June 6, 1988; and
WHEREAS Jorge L. Fernandez has performed his duties as City
Attorney in an exemplary and professional manner since his
appointment to that position; and
WHEREAS, the only increment in his salary since his
appointment has been a 10% increase on September 28, 1989 to an
amount of $101,221.00;
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. Jorge L. Fernandez, City Attorney, is hereby
granted a salary increase which -results in his salary being equal
to that of the City Manager.
Section 3.
This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 20th day of
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
uvn u. r r+afa.,
CIT ATTORNEY
ARE Z , MAYOR
t
a
CITY CONiM S M
MMINGr OF
JUN 20 "
91-- 459
*SMUTION wa
CITY OF MIAMI, FLORIDA
INTER -OFFICE
MEMORANDUM
_
To : Cesar H. Odio, City Manager
DATE : June
13, 1991 FILE
`.
Attn: Aurelio Perez--1,ugones
gislative Administrator
SUBJECT: City
Attorney Reports
rge L. rnandez —'---'
City
Commission Agenda
qs,
FROM : C ty Attor ey
REFERENCES : June
20, 1991
ENCLOSURES:
This will confirm our request that the presentation of the
City Attorney's Annual Report be placed on the above -referenced
City Commission Agenda under the "CITY ATTORNEY REPORTS" segment.
BSS:gb:P153 .
CITY ATTORNEYS ANNUAL REPORT
To TIE CITY COMMMON
JUNE 1, 1990 - MAY 31, 1991
Jorge L. Fernandez
City Attorney
m =
mm
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members DATE June 20, 1991 FILE
To of the City Commission
Annual Report
SUBJECT
4CAv
L. nandez
FROAttor eV REFERENCES .
ENCLOSURES:
The following report summarizes the activities and
accomplishments of the Office of the City Attorney during the
period of June 1, 1990 - May 31, 1991.
At the beginning of the reporting period there were 21 assistant
city attorneys. Four assistant city attorneys left the office
during this period to assume other employment•assistant
one entry
city attorneys were hired during this reporting perioTwo
level (1-3 years of legal experience) andtheother high levee
(over eight years experience). Due to budgetary
constraints,
remaining two positions have not been filled.
We have promoted and placed great emphasis on a teamwork approach
in all areas of practice. This result can more than assignment one
assistant city attorney working on a giventraining
or
project. We have been able to achieve this
byfurcrossossther - enables
attorneys in different areas of practice.
us to have greater familiarity and flexibility in the handling of
cases, assignments and projects.
Five separate staff divisions are presently maintained:
(1) Administration/Special Projects and General Labor
Litigation,and
(2) Contracts/Commercial and collections,lanning/Development, and
Employment/Police Legal Advisor, ( )
(5) Zoning/Development. Each division is led reslonsiblechfor
who, besides carrying a full workload, P
coordinating and facilitating the work flow within their
respective divisions. Deputy City Attorney A. Quinn Jones, III
P Y
is also the Division Chief of anizationalfirst d chart n ischart
A co of the staff e Exhibit No. 1.
hereto for your or reference.
Our efforts have continued c mm reducing
to providing ofoutside
tr
counsel. This office remains
ualitative and effective legal
servicceesExh b t No n2.listing o
outside counsel is provided rovided herein.
91- 459
Law Department's Annual Report
Page 2
The completion of our office brochure andp o ed These documents
ures manual has
been accomplished during this reporting per
will be distributed to the various City departments
and
ted that these documenswill serveas
officials. it is anticipa
better interaction with this
valuable tools in facilitating
office.
We have also developed and implemented
the internal flow of rwork
ized
systems which are designed to track
within the office. These systems include:
l) Timekeeping Tracking System (TKS) - Records
all time expended by attorneys, law clerks
and legal interns in representation of and
providing legal services to City departments,
officials, etc.
2) Litigation Tracking System (LTS) - Records
all cases in litigation, including the C ty and
closed, whether served up
or
initiated by the City.
3) Contract Tracking System (CTS) - Tracks the
flow of all contracts forwarded to this
office for review.
4) OA/A Log - Tracks and monitors assignments to
assistant city attorneys, including ongoing
assignments which cannot be readily
completed.
5) MIA Log - Issues numbers for formal legal
opinions and tracks all legal opinions issued
by this office.
6) Legislation Log - Tracks all resolutions and
ordinances prepared by this office
dotaer
city departmentsthe City Commission. passage
adoption by
7) Forfeiture Log (F) - Tracks all forfeiture
cases where proceedings have been initiated
to seize personal an real property used in
violation of the Florida Contraband
Forfeiture Act.
91- 459
►-
3
�r
x
x :.. Law Department's Annual Report page 3
4
h"
i
Y�
Y 8) Authorities, Boards and Committees Tracking
System (ABCTS) - Tracks all City of Miami
authorities, boards and committees. It also
contains the requirements of each board and
its regulations, and the names of the board
members currently serving.
9) City Commission Action Follow -Up Log - Tracks
all items brought before the City Commission
that requires further work or research by
this office.
A composite of the aforementioned systems is included in Exhibit
No. 3.
On June 1, 1990, there were 430 cases open and pending. During
this period, 24 cases were initiated by the City and 223 cases
were filed against the City. One hundred twenty-three (123)
cases were closed. As of May 31, 1991 there are 554 open and
pending cases.
Of the cases closed, 74 were closed by judicial determination.
There were 70 cases won and 4 lost. (5gg List of Cases Disposed
by Judicial Determination attached hereto, Exhibit No. 4) Of the
remaining 49 closed cases, 5 cases were handled and settled by an
insurance carrier which provided liability coverage with 44 cases
being closed by negotiated settlement in the following amounts:
$ 0 - $ 4,500 (15);
$ 4,501 - 10,000 ( 9);
$10,001 - 20,000 ( 8);
$20,001 - 50,000 ( 8);
$50,001 - over ( 4).
II. APPELLATE PRACTICE
This office handled appeals involving a variety of substantive
areas of the law, including, but not limited to, workers'
compensation, labor relations, personal injury, Section 1983,
construction and commercial litigation, as well as pornography
cases at the state and federal level. Additionally, this office
handled appeals arising from the Civil Service Board, Code
Enforcement Board, and from actions taken by the City Commission
91 - 459
t
4
Law Department's Annual Report Page 4
regarding zoning. During this reporting period, seventeen (17)
appellate matters were concluded. 9gg Exhibit No. 5. There are
forty-seven (47) appellate matters and original proceedings
presently pending in this office.
The Police Legal Advisor Unit collected in excess of $1.3 million
for this reporting period, for the Law Enforcement Trust Fund
(L.E.T.F.) as a result of forfeiture cases. This amount reflects
administrative fees, auctioned vehicles, vessels and
miscellaneous property. The Police Legal Advisor Unit has
approximately 130 pending forfeiture cases. It is anticipated
that an amount in excess of $1,000,000 will be awarded to the
L.E.T.F. by the end of 1990 as a result of recent amendments to
the Florida Contraband Forfeiture Act which allow for the
forfeiture of real property or an interest in real property.
Collection efforts have resulted in the following additional
sums:
$ 244,933.47 - Special Assessment Liens
(solid waste fees)
125,003.00 - Miscellaneous collections
(dockage fees, loan defaults, etc.
$369,936.47
IV. CODE ENFORCEMENT PROSECUTION
During the reporting period, this office prosecuted 1468
violators before the City's Code Enforcement Board. Effective
September 1, 1991, the City's newly enacted nuisance abatement
ordinance will allow the prosecution of owners of structures
where prostitution, drug activity and other illicit conduct is
conducted. The special task force created to perform major
sweeps in neighborhoods where major violations exist has resulted
in the tripling of former case loads. Administrative fees and
fines in the amount of $80,549.00 were collected.
V. r.ONTRACS%M FOR DEVELOPMENT PROJECTS
This office prepared or reviewed 484 contracts including
professional services agreements, revocable permits, and use
agreements. The contract review process entails an initial
review of the contract as to form and correctness, modifying the
91-- 459
r-
0
� � 3
fyf t t,
t
Y
Law Department's Annual Report
Page 5
same if necessary, prior to its execution. Upon execution by the
contracting party, the contract is returned to this office for
final review and approval.
With regard to major development projects, this office is
intricately involved in the development process from its
inception to completion. In some instances, the City Attorney's
Office is consulted to determine the appropriate development
process for the City to undertake (e.g. a combination of
professional services or unified development). Regardless of the
process utilized, this office reviews the Request for Proposals
prior to its issuance and provides legal advice to all selection
committees. After the selection of a consultant and/or
developer, this office assists in the negotiations and
preparation of the development agreements. Additionally,
depending upon the funding source for the development project,
this office prepares and/or reviews funding applications and
associated documents. Attached hereto are among the most
significant of such development projects which are underway or
which are presently being considered. && Exhibit No. 6.
•:p 1..E ;�� :. • •�
This function involves the City Attorney serving as liaison
between the administrative forces of the City who seek an
expression from you in the form of authorizing the City Manager
to execute contracts dealing with procurement, amending
appropriations, regulating public activities and approving or
disapproving proposed service projects which involve housing as
well as social services. In conjunction with this function,
interpretation of the City Code is provided to all City
departments and offices. Sgg Exhibit No. 7. All the Ordinances
and Resolutions handled by this office are logged and issued a
"J" number. Between June 1, 1990 and May 31, 1991, there were
M Resolutions and J.0 Ordinances processed by the Law
Department.
• • \ \ TA Tip
Fifty-nine (59) legal opinions were issued in addition to M
assignments (which include matters referred for legal review,
requests for legal assistance on specific issues, special
projects, and any matter requiring legal analysis). The issues
addressed pertain to the following subjects: contracts, bids,
liens and foreclosures, lease agreements, conflicts of interest,
tax, planning and zoning, employment and labor relations.
91 -- 4,59
V_
dd ��
€
Yoh
3Vr
�x
t
t C �
t1
xL�
P t'
L
�t
Law Department's Annual Report Page 6
The City Attorney's Office is responsible for providing legal
counsel to the City's Boards, Committees, and Authorities. A
current listing of all active boards, committees and authorities
is provided. 5&Q Exhibit No. 8.
4t \
Law students from the University of Miami Law School, Nova
University and St. Thomas Schools of Law have participated in
this Program in which law students work on a pro bono basis and
receive academic credit. Each of the students is a certified
legal intern and is assigned to a supervising attorney. The
supervising attorney has oversight of the legal intern's training
in the particular area of law he/she practices. From the 1990
Fall Semester through the 1990 Winter Semester, 10 students
participated in the Program. The City of Miami is the first city
in the State of Florida to have implemented this Program.
[jj�►A� � ♦ T � � i l � Y \ r � 1
We have conducted workshops with the various City departments
specifically designed to acquaint each department director and
senior staff with the internal office systems and procedures.
The workshops are further designed to enhance client interaction
with this office and to encourage the solicitation of requests to
provide seminars and workshops on legal subjects and topics of
their choice.
A comprehensive seminar is presently being prepared for all
City management personnel on sexual harassment, other Title VII
issues and the Age Discrimination in Employment Act (ADEA).
JLF/AQJ/rcl/M045
attachments
cc: Cesar H. Odio, City Manager
91- 459
i
r
OFFICE O THE
05/�31/ATTORNEY
AS
JORGE L. FERNANDEZ 4*** HM
CITY ATTORNEY
A. QUINN JONES, III 4*** BM
DEPUTY CITY ATTORNEY
ADMINISTRATION/SPECIAL PROJECTS
6 GENERAL LITIGATION
DIVISION CHIEFS
PLANNING/ ZONING/
LABOR 6 EMPLOYMENT/ DEVELOPMENT DEVELOPMENT
CONTRCOLLECTIONS IAL POLICE LEGAL ADVISORS DIVISION
6 COLLECTIONS DIVISION DIVISION •
DIVISION 4 G. MIRIAM MAER
ALBERTINE B. SMITH JOEL E. MA7CWELL 4*** AF)
RAFAEL O. DIAZ (3*** BM) (
(3r+ HM)
(3►** BF)
ASSISTANT CITY ATTORNEYS
IRMA M. ABELLA 1* HF
WARREN R. BITTNER 2* AM
JULIE O. BRU 1* HF
LEON M. FIRTEL 4*** AM
JUDITH L. GERSTEN 1* AF
HUMBERTO HERNANDEZ 1* HM
RAMON IRIZARRI 4* HM
LINDA R. REARSON 2** BF
CHRISTOPHER F. KURTZ 2** AM
CARMEN L. LEON 4* HF
BEVERLEY A. LINTON 2** BF
CHARLES C. MAYS 4** BM 1
AMA MARIA PANDO 1* HF
KATHRYN S. PECRO 2** AF
PAMELA PRIDE-CHAVIES 2* BF
KAREN MORRIS,'ADMINISTRATIVE ASSISTANT II/OFFICE ADMINISTRATOR --------- ---- ---------------
BEVERLY S SOLOMON, LEGISLATIVE COORDINATOR-----------------------------------------------------
------------ A -Anglo American
-------------.
2 ears with the office. _ Hispane American
1 _ Admitted to the Florida Bar in 87, Be, 89.
- Admitted to the Florida Bar in 84, 85, 86.
2
3 - Admitted to the Florida Bar in 81, 82, 83.
4 _ Admitted to the Florida Bar on or before 80.
+ Less than y H
** More than 2 years with the office. g _ Black American
+*+ More than 6 years with the office. M - Male
F Female
r
Ar - - --- -
SUMMARY OF RESPONSlaILITrpS OF` EACH DIVISION
Administrat;on/..,ecial rojects an General Litigation - The
administrative oversight of the City Attorney's Office is handled
by this division. It is responsible for defending lawsuits filed
against the City and its employees and public officials. The
scope of representation includes Cases involving public official
liability, civil rights violations, construction litigation,
j personal injury, and the like. This division is also responsible
for initiating lawsuits on behalf of the City when required to do
SO. This division also interacts with the Claims Division
`r adjustors in pre -suit claims negotiations which result in many
claims being settled without legal redress. All special projects
designated as such by the City Attorney, i.e. Charter Revision,
etc., are handled by this division.
Contracts/Com_mercial and Collections - This division assists in
the drafting and review of all contracts to which the City is a
party, including special events, leases, and grants. The
division is responsible also in filing proof of claims in
bankruptcy actions. In addition, it defends liens in mortgage
foreclosure actions and foreclosure on mortgage liens. All
collections claims on behalf of various City departments are
handled by this division, including institution of collection
actions in foreclosure, returned checks, nonpayment, loan
defaults and other matter of indebtedness.
Planning/Development Division - This division handles a myriad of
issues pertaining to the planning aspect of land use development.
Legal representation and advice is rendered with respect to
planning and large scale development, redevelopment, property
acquisition (eminent domain and negotiated purchases, property
and lease management), unified development projects (UDPs), and
issues pertaining to the public rights of way (vending, street
closings, street festivals, etc.)
Zoning IDevelopment Division - This division handles all issues
associated with the zoning aspect of land use development. Legal
representation and advice is rendered with respect to large scale
development, redevelopment, property acquisition (eminent domain
and negotiated purchases, property and lease management), unified
development projects (UDPs), issues pertaining to the public
rights of way (vending, street closings, street festivals, etc.),
and code enforcement.
Labor/Police Division - This division provides legal
representation as it relates to all labor relations and
labor/employment matters. It also provides legal counsel to the
Police Department through two full time police legal advisors who
are physically located at the Police Department. In addition,
the division represents the various City departments and City
administration in the prosecution of employee appeals and
grievances before the City of Miami Civil Service Board. Through
in-house labor counsel, the division represents management in all
instances where employee grievances are filed and result in
arbitration proceedings.
( 2 of 2 ) 91- 459
O�TSTO
COINS •L t_?'=
JA;A�`,
6/1/90 - 5/31/91
OR=1►
z
Code
Armando Bucelo
Armando Bucelo,
�.
, .;,
Enforcement
Civil Service
Mark Valentine
Mark Valentine
t
Board
r
Holland & Knight
Christopher Korge
MSEA
INTEREST**
LAW FIRM
AT 'r'ORNU
CASE N=
Morgan Lewis
Melvyn B. Frumkes
& Associates
Peter Hurtgen
Beverly B. Parker
Robert Case
FOP Drug Testing
Benjamin Boykin
Benjamin Boykin
* - These appointments are made pursuant to Charter, Code or
Ordinance provisions.
** - Because of a potential conflict of interest with
representation by this office, outside counsel was engaged -
as noted.
- EXHIBIT NO. 2 -
( 1 OF 2 )
3
1 -
t =
t
��
nnmCtnt�
E$PEK7"I-S�***
��
CASiE NAME
t
ATT�
Joseph Fleming
Kenneth Treister
+
Joseph Fleming
Held
Kenneth Treister
'r
Miledge & iden
Gary M.
Smith/
Hers & Levy
Jay LevyCharles
y
Leroy Kellish
r
(Pension Offset)
Roberto Bouza'
Daniels, Mason
Richard Daniels
McNew Marine
& Kashten
f
f
McDermott, Will Myrna Bricker Dinner Key
& Emery Boatyard
(Bankruptcy)
*** - outside counsel was engage
d because of their
specialization and experience in the area of law involved.
The City Commission by
Resolution No. 90-521, adopted July
12, 1990, approved a rotational list of bond counsel to be
utilized by the City. These firms are as follows:
Barnes Darby & McGhee/Matzner,zBlockd& England
Greenberg, Traurig, ky & Jaffee
Fine, Jacobson, SchwHoffman, Lipoff, Rosen, & Quentel
Holland & Knight
T I M E a' H E E T
ATTORNEY:
DATE Of SERVICE:
------------------------------------i--.
F
COMMENTS TIME
RECORD---- CLIENT WORK � HOURS MINUTES
..,. rnne (maximum 125 characters)
I
AOM - staff Mtg/Administrative Matters
CAP - coact Appearance
Con - Conference i
Delp - Deposition
DiC - Dictation
OFT Drafting
WORK CODES
FIR
- E11e Review
PRT -
Preparatlrsn (Enr Trial)
LGp
- preparation
of Leglslatifm
PBS -Research
SEM -
Seminar
LGR
- Review of Legislation
TEL -
Telephone CnnfetPtil-r-
MTG
PRO
- Meating
- Preparation
((or Deposltinul
TRV -
Travel
PP"
- Preparation
(for Mearing)
(1•r11
r1l
P11M
- Prnparat ion
If nr Mpot 1 W
S. A.10011V 1112
e'RTY llt:!'ltlrlMlGti'r':
Mudget
11011ding sit-, t+•ttinte
City Cietlt
City 1lanaget
Claims
Commiss i,at
Ccsraaity i►t•v. i•ti.etrn+
computers
COaf+lrenrw+S b t'.,tt•"•t,l i•.1,::
peve l of nw-lot
DUSP
i)otrnta�wn it••v,.lae,tn••tti Aul h
Finance
fire Del+a l t wwrtt
Genetal St•+vi• '; tti•etni,►
)loos ing
latesnai #u•l l s t. Iu•v i+•t+
l.st"If Nttf.tt ruts
Law
Nsyar
MAN, 'SIn•tts t. i:;tl►itr. Au+h
Minot ity Wtimen's All.
01c. of Industrial 911,1.
tUfc . of ll.tnageseat Au.l i t
1personne l Ilanagescut
1'lanaing Wpat ttttrnl
pal :ice
Public F.i, i#it i••:
1t,tb1 ec Works
Sal l•t Waster,
IIIJANIt'i 16 I:IIIMIII"rt:i:;:
M•sT
A,lhim Minority Advlsury (*mail tee for
At*"
BIDS
CCK
tote Miami Arena
Affirmative Action Advisory 64ialti
AXII
CHU
Amphitheater Advisory Council
ARC
CI.M
Art in public Places Committee
APP
APR
cull
CtNi
Audit Netr l ew - WASA
Bayftaltt Par k Management Trtlst
NfPtF
11f1C
flays (tlr. Minor i ty Foundat Ion
font,
t'V11
itadg+•I l+eview Committee
+'ity oil MI•601/111tiversity ill Miami
UM+'
119V
NOS
dames L. Itniglit Intetastiunal
/101%
Centel A•visory Committee
City t01 Miami youth Advisory t'ttun, If
YAt.1
FIM
Jeri)
Civ) l Service Rosario
t t:ft
WSA
Ctwle Cn1t,r• es••I11. Rosalie
I'SW
INKI
t:.wrissitju tn, the Status lit W+;rstttlt
teal,tgy i Ran"$ If scat l+►n
1.18E
/TA
1.811
I:usmlt tee lie
+'+rotmiltee ►tn City -Wide Affurdait#te
IPrF
i,A11
Mu►,s#ng Trust Fund
t',+stmnillly Development Advist+ly notaitl
CI►A
MyN
S!'N
lit►will „wi+ Matel ir+►nt Master Plan
IOWA
film
Iml•lemteotation Advisory commilit•te
UK
r.+st #.#tt le 11avana Task Force
l:IJi
t+I1T
IIMA
Fire Ulghteis' i police oflic+ria*
"Ito
PI.M
Retirement trust
First Source Agreement Advistry r+.m.
UNA
Pill.
Grove restiv.tl Committee
flealt#t Facilities Authority ilt►.tt•i
iWe
11FA
PIIF
PWK
ller 11 at1p 1:.)nserval ion board
lluft
II+'lt
Slow
Muusinq l'onsetwat Ioil anal Devtsl•tl•stenl
A•Ivi•i•tty 9.04041
t't,ts tt••„t • .I.• li:a v; tt.,, 1.6 t.,• ..,n:i•1••t•.f .ill its. looniv,•.
•
•
t
9
Itrpact roe Guard
Interim txhillitlu+l +'otr 1:41111
international Trade floatd
Large Scale tl•evelopment Board
Latin Quaeter Review Hoard
liberty City Educational Cat+ Ctrs
Ginnie Ilavana Community
Development Advisory 8►tac4l
Miami Audit Advist►ly C,ismitt,ee
Miami lnternat1011al Festival
Advisory Committee
Miami NI aI Ctioc•leual elite t:a►m
Miami Waterfront 8,►acd
(effects of lttafellS Igotta I
Cusplialice Adve•;illy 0-somti++,e►e
ovteltown Advisaty Nt►at,i
Planuinq Adv#sory &card
Plat antolssiee,et C•tsmitte.e
S+tulh Fl►.rida replojoent le
Training Consollium it+lv.tte
Intlusi ry Council)
Sladlttm Fat Ility Ilse Cumwitt►ll
lilhan D•velofinent Review Board
vislt►ns 20011 Committee
West Little Ilavana Task Font—
Zoilinq O•nartl
In
18C
11!
UP
I.+CS
NCO
MAR
MlF
"M
Mile
OFC
on
)All
PSC
Pit:
Stu
life
VIS
VIA
=8D
�rt ¢
..-
1
..
Soi93
:.
BMW
.e.-.-,..,..,..-,....,.:.�.,.r�.
rr�^earc-.r.a•;•m,'¢+.m+,mz+rr..�yspros-z.:..�wnk-.ra.�r.�.�.n^'+�::r.rw--gym.
,,..c,ae..� ...-..�.,..- -s: r .N.»-rry ... ..
.__IT/ ATTOiiNE
�sysar+,. .. ,...
r+ry.�+o,+� ... .. _ -.. .
LITIGATION DATA C
REMO NUMM
JUDGES 205128191
AITCRNF(;
CI.USEG
[Indicates Case Tgpel
GENERAL JURISDICTION
CLIENT
LB - Bamlraptel
lot) - Klein, H.
ACT - Budget
14A - Ina P. Abellr
NRB - Barren V Bittaer
A+ AfFiraed for Cats
A- 4ffirsed agaimit Iaty
LC - Collection
1621 - Friedoos
802 - lmilding i Zonimq
J013 - Julie 0 Brn
0 - Oenied
LE - EvictiealEjectmest
103) - Simons
CCK - Citl Clerk
0000 - Rafael O Diaz
of Dississfd in favor riff
omit Title
1041 - Fatima
CMG - Citl Hasager
CSB - Civil Service Board
JLF - Jorge L. Fernandez
d- Otseissed against City
LF - Foreclosure
1031 - Cordes
LMF - Leon M Firtel
Tubes Lits is Pt.iotirfl
LK - Conuactsltsoomreial
IOAi - Downer
-
CLM - Claims
CEO - Code Eeforcesent Beard
JLG - Judith L. Gersten
FJ+ Final Jud9men For Citl
LL - LabeNPersaesd
1171 Shapiro
HUN - Humberto Hersaodet
FJ• Final Judgment egaznst rail
LP - Ponmgraphl
(80I - Ferro
1091 - Vacation
CON - Cossissisn
CND - Comemiitq Development
ROI - Amman lrizarri
G - Granted
LN - Forfaiten
lT - Torts
1161 - Esloirez
BOC - Computers
AVJ - A. Gains Janes, III
GU Gsiltk
IV+ - Dismissed rtth prejeoice for City
LB - Vetter's Coop
111) - Kerviek
CO - Calerescss I Conventions
LIN - Linda K. Kearsom
CFK - Christopher F. Kurt:
IV- Dismiss" with prejudice igaia t City.
LZ - land Use
(121 - Reticles
DEV - Oevelmpmest
"A - Oowstmam Development Astheritl
CLL - Careen L. lane
NG - Nst Guilts
1131 - Nadler
1141 - Feder
DOS - DOSP IOomntwn off -Strout Parking)
DAL - Boverlog A. Linton
of - Reversed for City
ADJUSTORS
4151 - Rid id
SLY - Environmental Services ISol+d Baste)
OCMN - G. Miriam Maur
A- - Reversed agdi*it Citi
117 - Freak Valdes
1181 - Nair
FIN - Fiessee
IJEM - Joel E. Maxwell
CCM - Charles C. Mass
S - Settled
St - Settled i paid to Citi
911 - Marie Oarrora
1171 - Orr
NFD - Fire
GSA - General Services Adsivistratiuu
AMP - Ana Maria Panda
S- - Settled 1, piad I Cty
112 - Mils Piglet
IIBI - Omee
ISP - Kathrls S. Pecks
Sit - Paid to Isserance Cosµef
015 - Maurice Thomas
1201 - Solomon
HOU - Hoesias
ITA - Interval Audits 0 Reviews
PPC - Pamela Pride-Chavies
51- - paid bg insurance Cospamg
117 - Terri Reeved*
1211 - Corstoin
LBR - labor Relations
SABS - Albertiae B Smith
Si - Seomarl Jwdgwet for Cal
1221 - lase
SJ- Sonnets Jedgmest against Lits
CLAIM 00. CODE
1231 - Spencer
LAB - Law
0ivision Chiefs
SN+ - Final Sassari Judgment Lien pwrlected
1241 - Klois, E.
NTR - Manor
SJF- - Final Soesorp Joblevat Lies mrti*golsh*d
CL - general liabilitl
1251 - BleeL
"MC - Miami most Committee
SPR - MHei Sports K Exhibition Amtbor+ts
PREVIOUS ATTORNEY
got - Oisu seal without orejodice Tar Ctta
PC -Purls
1201 - F1er1T
VD_ - Oisnissed without preisuzcr al Cus
Cp
- PO - Collection
1271 - Capea
"IN - Nieeritl Notes's Business Affairs
- Anson L.
VA Bitbdraw Appeal
v
PK - Paris TOLD)
1211 - Uegare
DFF - Off -Street Parkiag
POL - Pablic Officials
(291 - Gersten
DNA - Office of Nmma2 meat Audits
GC - Gisela Co rdameAnderson
CC
Lia►ilitl
In) - Cold"s
PEN - pension
Canns
AMC - Ana Muria Caraesoita
OPEN STATUS
PT - Police Tort
1311 - Betherimgtme
HBO - Parsonmel Namageoont
NJC - Maria J. Chiars
SE - Special Evests
1321 - James
PLN - Planning
JJC - John J. Copolas
ALD - Richard L. Orecks
I - Pleading
V - Vehicle Flat
1421 - Faller
PLO - Plaosiog $card
LJE - Linda J. Ehrlich
2 - Oiecover+
N/A - Net Applicable
U.S. DISTRICT COURT
POL - Police
PUF - Pablic Facilities
MOF - Marth D. Fanaris
3 - Set For Trial
PHI - Public Voris
ALF - Adrianne L. Friesmer
t - Appeal
1AROM01 - Aresevitt
ZRO - Zoning Board
CCK - Christopher 6. Korge
5 - Monitor
IATKINI - Attics
AVL - A. Vicki Leiva
fEATONI - Cates
HCP - Naldee C. Pico
IDAVISI - Davis
JES - Jodith E. Secher
VORKER'S COMPENSATION JUDGES
IFULTOI - Felten
450 - aafael SearerRivas
ICONZAI - Cosalet
ABU - Alejaodro Vilarella
IKUKERI - Koker
IHOEVEI - Nooveler
OIIT -Onside Counsel
IJOHNSI - Jebases
IKEHOEI - Kab me
ITONLI) - Tnlimsoo
(KING 1 - King
INELSO) - Nelson
IMARCUI - Marcos
IRARNAI - Hareagm
INORENI - Norms
rNESlll - Nesbitt
IPAINEI - Paine
$ANKUIPTCT JUDGES
IROETTI - Roettger
(ATSKAI - Rlslamp
ISNBI Beaver
(ZLOCHI - Zloch
+AJCI Cristel
IRAN) Marl
3 ;
RK
-
✓ 714 V
k
.r-»...n.,.:..•r.,.:^w+BwmF.rs¢a:M't'rm+Mr;®+Af.4 ryMryc+evtwrW':ar.Y.nr�c^.+ewwa.'^"-rrrrgf
.r.....•.-r+....-,M,. ^x *.-rc.-....mu .+r i+,.....:. .r.vgTlgT'wro...
r _.
uwr..s-!urn..
nwr*.:wmn.,o�nx..mx-w.`r�'+
a.ea.w.w.r�+. rc ..
_
LITIGATION TRACKING SYS."
MASTER "L" NUMBER LIST
OPEN
CLOSED
CASE RAMS
RECORD )NUMBER
CLAIM NO.
MATURE OF CLAIM
CASE 110.
CLIBST
A1RY
STATUS
STATUS
STATUS
O_
C
—
BOW' WHEN
a�----`—
masmsasaaaaaaasaesaaaa:a:gaga:gaga:maa:aaamaaasaaaarsaaa::aaasaaaa:as:aaaaaaasaasaaaaaaasasaaaaaaaaaaamsraa=aaaamsazsaa>aaasaasa
RIVERON, Antonio
LT-8500136
007/PT-84-096
Assault & Battery
85-43017
POL
CCM
1
_
2
RIVEROW, Pedro
LT-8500137
0071PT-84-096
Assault & Battery
85-43048
POL
CCM
1
_
2
ROB -EL Construction Corp.
LK-8800257
N/A/ -
Breach of Contract
88-45502
PFBC
HUH
_
1
_ S
01 14 91
ROB -EL CONSTRUCTION INC.
LK-8400194
N/A/ -
Bad Check
84-J
PWK
RSR
_
1
_ V.D.
4 FJ-
06 15 88
1 18 91
ROBERTS, Charles W.
LW-8900235
/ -
offset Workers Compensation
411-34-7835
POL
KSP
1
_
ROBIN, Irma & Fabian
LT-8800028
007/V-86-081
M.V.A.
88-03987
POL
CFK
_
1
_ S-
02 OB 84
ROBINS, Eurika T.
LT-8500009
012/GL-84-100
Child hurt in park
85-5473
PUF
LMF
_
I
_ S-
01 09 86
ROBINSON, Collies (minor)
LT-8700095
012/PC-86-015
inird./day care center
87-20594
PUF
WRB
_
1
_ S-
Pending
ROBY, Arthur
LT-8600005
017/V-84-075
M.V.A.
85-53466
POL
AOV
_
1
_ S
QV 14 90
ROCHA, Marl Estella
LT-8900157
0121GL-89-139
Trip on hole in the sidewalk
89-27673
PWK
WRB
_
1
_ S
RODILL, Wilfredo
LT-8500072
012/GL-85-019
MVA due stop sign obstruction
85-15430
BWK
RLD
_
1
_ V.D.
02 15 86
ROORIGUEZ, Anibal
LT-8700170
O15/PT-88-013
Police Battery
87-1707
POL
JLF
_
1
_ V.O.
12 15 87
RODRIGUEZ, Avelino & Delia
LT-8500169
011/GL-85-093
Trip and Fall sidewalk
85-52912
PfRC
JLF
_
1
_ S.J.
09 16 87
RODRIGUEZ, Juan
LW-9100117
N/A/ -
Left Knee
325-48-7977
MM
JLG
1
_
I
1
V+
OB 21 87
ROORIGUEZ, Julio
LT-8500167
011/V-85-014
M.V.A.
85-52119
SLW
RLA
_
1
_
05 29 86
ROORIGUEZ, Marcelo
LT-SS00096
/ -
85-31486
RLD
CCM
_
1
_
S-
7 12 90
RODRIGUEZ, Mari& Elena
LT-8900032
011/V-87-023
Motor vehicle accident
89-OS034
PWK
_
1_
_
S-
12 12 90
RODRIGUEZ, Miriam
LT-8700196
011/GL-87-050
Slip & Fall
87-48358
PWK
JOB
_
_
I.V.
12.10 86
ROORIGUEZ. Nicolas E.
LT-8600195
/ -
Replevin/Weapon
86-4260
POL
JBS
_
1
_
RODRIGUEZ, Primitivo
LT-9100�i5
0151PT-90-073
False Imprisonment
91-10953
POL
CCM
RODRIGUEZ, Samuel
LT-8900336
015/PT-89-059
Police Battery
89-44192
POL
LMF
1
_
1
1
S-
OB 24 87
RODRIGUEZ, Thomas & Carmen
LT-8500071
007/PT-86-135
85-20427
POL
RLA
_
1
_
V+
OS 12 88
RODRIGVEZ, Yolanda Lopez
LT-8700038
012/GL-86-088
Bike accident/hanging tree lmb
84-12624
PWK
AOV
_
_
ROJAS, Ariel
LL-8900348
/ -
80.0 Hours Suspension
89-2D
POL
JOB
_
1
_ GV
12 07 89
ROJAS Carlos Alberto
LC-9000059
013/PD-89-081
M.V.A./DamageVehicle/$828.00
90-04551
POL
ROB
_
1
_ FJ+
OS 14 90
ROK, Satan
LZ-8000114
/A/ -
27 27, 31 S.E. 1 Ave.
80-17257
PWK
AOV
_
1
_ S-
04 27 84
ROLLS, Eutychus & Gloria
LT-9000085
017/V-88-152
Motor Vehicle Accident
90-17802
SLW
LMF
1
_
3
ROLLS, Michael
LT-8400049
ol2/PT-83-104
84-12530
POL
JJR
_
I
_
09/IO/86
ROLLS, Wellington
LL-8400033
011/POL-86-015
Elections
84-7522
CON
JJC
_
1
- V.D.
08 22 84
ROLLS Wellington v. SKUBISH,P
LK-8800114
N/A/ -
Conflict of Interest
88-23739
DEV
RSR
_
1
i
_ V.D.
V.D.
08/23/89
08 22 86
ROLLE, William & Frankie
LC-8600105
N/A/ -
Past due SLW Bill
86-11571
FIN
RSR
_
_
PRINT DATE:
6 19 91
t
I.A
RSbase 6000
Ctos 9.0
♦.i. .rr ii r--ii.ii-... 3i ii �.. r3Y fi--M.Y,I.�.1 iY�.iiii. ii .Y. it-iY�riW-Yll .r--------/
ange entry),R(eset),S(kip),E(dit),D(elete),Q(uit): -
a-------------------------------------------- ---------r-r--rr-------- ---
CITY OF MIAMI 1
CONTRACT INFORMATION LOG
----------------------------------_Y--------r----------------------r--r--r-rr.i
1 I
ILOG NUMBER: 91099 i
1
!
!NAME: Foodpak of the Americas
!
!DATE RCVD: 04/01/91 DEPARTMENTS CVB 1
1
!CONTACT: ! Martha Schwartz 1 ,,���
!BEGIN TERMS 01/22/92 END TERM: O1/24/92 1
N!
! REMINDER 1
!AMOUNT: $15,474.50 DATE: 01/24/92 1 is
1 1 1.
ISTA: R 1
1 -----------------
Ap
LOG
RECEIVED
CONTACT
BEGINNING
ENDING
REMINDER
NUMBER
NAME
DATE
DFPT
PERSON
TERM
TERM
AMOUNT
DATE
STATUS
89188
C.C.A.L. CORPORATION
04/03/89
Park
Dianne Johnson
04/01/89
04/17/89
$150.00
04/17/89
R
88433
C.O.9.A.D CONTRUCTION
09/01/88
PWR
GEORGE PICARD
09/01/88
11/30/88
$2,129,322.00
11/30/88
R
98573
Caltma Colombian Folklore
12/07/88
BAY
IRA KATZ
12/04/88
12/04/88
$800.00
12/04/88
R
88133
CALLE OCHO CONTRACT
02/29/88
PARR
MARCIA BREITER
03/13/88
03/13/88
$0.00
02/29/88
R
88303
CALMAR PRODUCTIONS, INC.
06/09/88
PRK
D.E. JOHNSON
08/27/88
00/28/88
$6,000.00
08/28/88
R
89566
CALMAR PRODUCTIONS, INC.
11/02/89
Park
Martha Schwartz
11/04/89
11/05/89
$2,000.00
11/05/89
R
89174
CAMACOL
U3/29/89
DOSP
Dan Morhaim
03/29/89
03/29/89
$0.00
03/29/89
R
89175
CAMACOL
03/29/89
DOSP
Dan Morhaim
03/29/89
03/29/89
$0.00
03/29/89
R
89257
CAMBRIDGE SYSTEMATICS
05/18/89
PLAN
ALAN RODDY
05/25/89
06/30/89
$4,500.00
05/26/89
R
88139
CAMILLUS HOUSE/LEASE
02/29/88
DEV
M. SCHWARTZ
03/01/88
03/05/89
$0.00
03/01/88
R
890U3
Campanella Construction
12/07/88
pwk
George Picard
12/07/88
12/07/88
$77,775.00
12/07/88
R
89U04
Campanella Construction
12/07/88
pwk
George Picard
12/07/88
12/07/88
$77,775.00
12/07/88
R
88537
CAMPBELL AND COMPANY
11/10/88
AUD
MARTHA SCHWARTZ
10/23/88
10/23/88
$0.00
10/23/88
R
88100
CANNON.,STIERHEIM,BUSUTIL
02/12/88
CMO
CARLOS SMITH
12/15/87
12/31/89
$11,500.00
02/22/88
R
89542
CAR EXPO, INC.
10/17/89
Park
Max Cruz
10/17/89
10/17/89
$0.00
10/17/89
R
88149
CAR RECYCLING, INC.
03/09/88
SW
JOSEPH INGRAHAM
03/14/88
03/14/89
$0.00
03/11/88
R
89462
CAREY TECHNICAL INSTITUTE
08/18/89
Mana
Angela Bellamy
08/18/89
08/18/89
$300.000.00
08/18/89
R
89438
CAREY TECHNICAL INSTITUTE
07/28/89
CD
Francena Brooks
07/27/89
01/31/90
$44,804.00
01/31/90
R
88206
CARIB AMERICA ENTERPRISES
04/04/88
DEV
MATTHEW S.
04/08/88
04/24/88
$4,499.00
04/08/88
R
88071
CARIBBEAN CENTRAL AMER.
01/27/88
DEV
MR. SCHWARTZ
11/01/87
03/31/88
$50,000.00
01/28/88
R
885U7
Caribbean Central America
10/19/88
DEV
FEDY BRIERRE
11/01/88
03/31/89
$60,000.00
03/31/89
R
89565
CARIBBEAN CENTRAL AMERICA
11/03/89
Dev
Fedy Vieux -Brie
09/01/89
04/30/90
$60,000.00
04/30/90
R
89367
CARLENE DIXON
06/29/89
GSA
Albert Armada
06/29/89
06/29/89
$75,900.00
06/29/89
R
89101
Carlos Zervigon
02/13/89
Poli
Jimmy R. Burke
02/13/89
02/13/89
$1,662.50
02/13/89
R
89233
CARLOS ZERVIGON
04/28/89
Poli
Jimmy Burke
05/15/89
05/16/89
$2,595.00
05/16/89
R
89384
Carlos Zervigon 5 Assoc.
07/U7/89
Poli
Arlee Harris
07/13/89
07/14/89
41$2,045.80
07/14/89
R
89381
Carlos Zervigon s Assoc.
07/07/89
Poli
Arlee Harris
07/10/89
07/12/89
$3,068.70
U7/12/89
R
89585
CARLOS ZERVIGON 5 ASSOC.
11/08/89
POLI
Arlee Harrison
11/08/89
11/08/89
$5,359.50
11/08/89
R
89391
CARLOS ZERVIGON, ASSOCIAT
07/11/89
Poli
Donald March
07/18/89
07/19/89
$2,210.00
07/19/89
R
88231
CATHOLIC COMM SERVICES/RP
04/19/88
GSA
AL ARMADA
03/10/88
03/09/89
$2,500.00
04/22/88
R
88483
CATHOLIC COMMUNITY CENTER
10/04/88
DEV
FRANCENA BROOKS
07/01/88
06/30/89
$66,360.00
06/30/98
R
89413
CATHOLIC COMMUNITY SERVIC
07/14/89
CD
Frank Castaneda
07/01/89
06/30/90
$47,682.00
06/30/90
R
89415
CATHOLIC COMMUNITY SERVIC
07/14/89
CD
Frank Castaneda
07/01/89
06/30/90
$18,893.00
06/30/90
R
f
f
k
a
31F�y,�(y 3atc d
t
ii
%ifS r
41i tl!f '#p dD rp [ 47 !
1'rt �►► iQ A Z
�s
Put
+�� + Zn _
0;
hirr7CQ :C Z
COCDOCDm [ Z
Cd co W CD %0 [ O
OOr-r-O [ m
3i Z
CamCpCDCID [
CD CD CD CD 40
1 >
+X
4A + O
N + C
[ 2
W {�
Cr �D
• fA • SA
3 co w ,-
040C2 W
0 C O 40
O O C O O
00000
GOrr-O r �
ONIV►-• + t9
3C
AINCt•+r J >—
CD %O a• C v . +i Z
O Ca CD CD CD + m
ao as Co
+ A
�a
"A• M M IR Loa
"�"
Nweber
Date
Rareiwd Due
Attorney
Client
Subject
----------------
Status
Date_ Pile
Closed
8800122
9 21 89
to 02 89
CLL
CMO
Use Agreement - Orange
0
jowl Stadium and UM
8800125
9 21 89
10 02 89
JEM
GSA
C
12 10 89
Roberto Clemente Park
Acquisition
8800126
9121189
9 31 91
CPK
PUP
C
09 10 90
Plagler Mouse
Restoration (Defective
Worki
-
8800161
11115189
11127189
GMM
PWK
C
1 21 90
Gran Central
8800162
9 21 89
10 02 89
WRB
PIN
C
1 30 91
AT&T Overpayment
8800171
12 1 89
12 10 89
IMA
BDZ
C
1 15 91
Construction Industry
Advisory Board
8800173
1 4 90
1 14 90
ROD
C
3 25 90
PLB Joint venture -
Conflict of Interest
8800190
9 21 89
10 02 89
ROD
DtV
0
2640 South Bayshore
Drive UDP
880025S
9 21 69
10 02 89
WRB
DEV
o
Watson Island Protect
8800270
10 26 89
11106189
ROD
SPR
Review of MSEA Oocumnts
0
8800274
10 26 89
11 06 89
ROD
Dos
0
Coconut Crow Playhouse
- Post Closing 10sues
r'
r
wr -
--ram-- -.
Y
"r
Y
r
When taking a "J° number for ordinances or resolutions:
5. S4"h
4 (a) Please write the atty's initialofn the legislation title;
�xt lefthand side of folder; make a copy punch
` write the name of the client and date received on the copy;
and lace on prongs on righthand side of
g holes through the copy P
z i t
the folder.
ATTY
ATTY ATTY
J-91-1
J-91-31 J-91-61
J-91-32 J-91-62 r
J-91-2 I;
J-91-3 J-91-33
J-91-63
t
J-91-64 - ►-
J-91-4 J-91-34 1
J-91-35 J-91-65
J-91-5
J-91-6
J-91-36 J-91-66
J-91-67 'T
J-91-7` J-91-37 j
J-91-8 J-91-38
J-91-68 ____---
J-91-9
J-91-39 J-91-69
J-91-10
J-91-40 J-91-70
J-91-11
J-91-41 J-91-71
J-91-12
J-91-42 J-91-72
J
J-91-43
-91-13 J-91-73
J-91-14 J-91-44
J-91-74
J-91-15
J-91-75
J-91-45
E J-91-16 J-91-46
J-91-76
J
J-91-47
-91-17 J-91-77
J
J-91-48
-91-18 J-91-78
J
J-91-49
-91-19 J-91-79
r J
J -91-50
-91-20 J-91-80
J J-91-51
-91-21
J-91-81
J
J-91-52
-91-22 J-91-82
J
J-91-53
-91-23 J-91-83
J
J-91-54
-91-24 J-91-84
J
J-91-55
-91-25 J-91-85
J-91-86
J
J-91-56
-91-26
J-91-57 J-91-87
J-91-27r
J-91-88'`
J-91-28 J-91-58 '---"
J-91-89
J-91-29
J-91-59 9 rg w
r�
CITY OF MIAMI LAW DEPARTMENT
POLICE LEGAL UNIT
MASTER LIST OF FORFEITURE CASES
Wiz;}
..j r ' '
BATE
DATE
SEIZED
ISSUED STATUS
Y
t E'
TORNEY-
RECORD NUMBER====______________
PROPERTY
--
---_-_--_
?:
k
4/14/89
11/8/89 C
r
HCP
F- 8900014
1983 Pontiac
`
PREVIOUS FA 89-033
r
C
k
BAL
F- 8900015
$1,357.00 in US currency
r
PER FORFEITURE UNIT
..
F
i
}
C
HCP
F- 8900016
$1,414.00 in US currency-•
PER FORFEITURE UNIT
3/19/89
11/8/89 C
E,
HCP
F- 8900017
1984 Lincoln Town Car
9/2/88
11/8/89 C
i-
BAL
F- 8900018
1976 Mercedes Benz
C
-
BAL
F- 890001 9
89 Ford
FORFEITURE UNIT
PER
2/2/89
11/8/89 C
(°
HCP
F- 8900020
$1,089.00 U.S. Currency -
Final Judgment
Order Default and
r-
C
`
HCP F- 8900021 84 Cadillac
PER FORFEITURE UNIT
f
3/10/89 11/8/89 C
F- 8900022 $1,145.00 U.S. Currency -
HCP Order of Default and Final Judgment
PREVIOUS F# 89-026
3/14/89 11/8/89 C
HCP F- 8900023 $4,499.00 U.S. Currency
PREVIOUS F# 89-027
r.
C
HCP F- 8900024 $2,000.00 in US currency
PER FORFEITURE UNIT
E
3/21/89 11/8/89 C
HCP F- 8900025 82 Chevrolet
PER FORFEITURE UNIT
4/5/89 11/8/89 c
F- 8900026 1988 Mercedes Benz - Partial Summary
HCP Judgment/Settled (11-9-89)1
Settled(4-16-90 91-- 459
,
CITY OF MIAMI
AUTHORITIES, BOARDS AND COMMITTEES
NAME OF ENTITY:
ATTORNEY:
ABBREVIATION: DATE REVISED:
PHONE: EXT.:
CITY LIAISONt
Prohibition (P) or Advisory (A)! —
NUMBER OF MEMBERS:
APPOINTED BY:
LENGTH OF TERM:
`—
P
QUALIFICATIONSt
LEGAL SOURCE:
TIME/PLACE:
MEETING
RLGULAR REPORTt
jtLll
r
COMPENSATION:
�-
PURPOSE:
DISCLOSURZ(S)I
RECORD NUMBER:
(H)
91- 459
_. ..
lintity: GER
CURRENT HRMHARSs
Name (Last, First) End Name (Last, First) Bad
Address 6 Telephones of Terms Address & Telephones of Tens '
--------------------
FAIR, T. Willard it 30 90 GORDON Rose 11 30 90
8500 N.W. 25th Avenue Begin 1890 S. eayshore Drive _
Miami, FL 33147 of Terms Miami, FL 33137
L1 (W)
Office Held: Appointed Bvs office Holds Appointed Bvs
Chairman DAWKINS-Mvd
VACANCY LEE, Wally B. Indef.
City Manager's Office
SH1 iWl 579-6040 M S�
Office Held: Appointed Bvs Office Helds Appointed BY:
ODIO
MCKNIGHT, Betty 09 31 90 POLLACK, Theresa 12 31 91
5150 N.B. 2nd Court, #4 8342 N.W. 5th Avenue
Miami, FL 33137 Miami, FL 33136
(H) 579-6724 LL u (W)
office Holds Appointed BY: Office Held: Appointed BY:
DAWKINS DAWKINS
RABUN, Jack 11 30 90 SHARTZER, Gary it 30 90
General Service Admin.
7761 S.W. 20th Street 9401 N.W. 17th Court
Miami, FL 33155 Pembroke Pine, FL
�H, Sw1 1H1 W)
Office Hold: Appointed Bvs Office Holds Appointed By:
PLUMMBR-MVD PLUMMER-MVD
THOMPKINS, Ronald 12 31 91 CHAPMAN, William 05 31 87
520 M.W. 165th Street Road 4301 N.W. 7th Avenue
Suite 204 Miami, FL 3313
Miami, FL 33169
u 947-1638 1W1 757-0541 jH)_
Office Holds Appointed By: Office Holds Appointed By:
DAWKINS
COFINO, Anita 05 31 87 KNOX, George 05 31 87
Esquire
1240 S.W. 19th Street 4770 Biscayne Blvd.
Miami, FL 33145 Suite 970
Miami, FL 33137
9 1 - 459 324-6588 LH) Ll sHz sJ. 77i
office Held: Appointed By: Office Holds Appointed By
iM
N
'
Y. y
f
_ grr
S
b
F.
—
AMID
2.2 31 81
mAmKm
$Ya
11/3D/9D
Misted '$Y=
3'LV!!![ER=!ls1D
c
tI)
LIST OF CASES DISPOSED
BY JUDICIAL DETERMINATION
1. A &_A_WRECKER SERVICE v. City of -Miami.-
Case No. 90-0888; LT-90-100 (LMF)
This case was a challenge to the County's towing ordinance
that was brought as a class action by members of the towing
industry. The City/Chief of Police were named as
defendants, but the claim is actually against the County,
which is defending the case. In addition to the City of
Miami and its Chief of Police, the Plaintiff also named all
of the other municipalities in Dade County. Judge Spellman
dismissed the case against the municipalities. The
litigation against the County is continuing. If need be,
the City will be renotified to join the case, when
necessary.
Orledo ACOSTA v. City of Miami;
2. Case No. 88-3777 (26); LT-88-029 (CFK)
Police battery/use of excessive force. Jury verdict in
favor of City.
3. ALL_ FLORIDA__REALTY__&_ INVESTMENTS- CORP. v. John Crooks. et
al.; Case No. 90-11629; LF-90-084 (HH)
Mortgage foreclosure case. City's second mortgage on
property is inferior to plaintiffs' first mortgage. City
filed an ex-parte final judgment against the Defendants,
Wilbur Wilson and Sandra Wilson.
4. Angela ALZUGARAY v. City of Miami;
Case No. 89-11749 (01); LT-89-095 (CFK)
Motor vehicle accident with City vehicle. Plaintiff filed a
voluntary dismissal of the Complaint.
i
5. AMERICA'S MORTGAGE SERVICING, INC., et al. v. Josh Ali
Gonzalez, et ux, et al.;
Case No. 90-35967 (01); LF-90-253 (HH)
Mortgage foreclosure case. City had a judgment entered
against GONZALEZ for the amount of $743.00. Plaintiffs
filed a dismissal on April 10, 1991.
- EXHIBIT NO. 4 -
91-- 459
( i of 13 )
�. AMERIFIRST v. Bringinvest;
Case No. 90-29508; LK-90-181 (LMF)
The City was brought into this lawsuit because it would not
issue a permit for certain rehab of a building based upon
the fire code; however, once an arrangement was reached
between the two adjoining land owners, the City was able to
issue the permit and so the case was concluded.
7. Howard ANDERSON, Jr. v City of Miami;
Case 89-33854; LT-89-186 (CFK)
Plaintiff sued City alleging his car was damaged while at
the Police Department auto pound. Case dismissed on motion
by the City.
8. ANTHONY CRANE RENTAL v. Kaufman & City of Miami;
Case No. 90-15102 (32); LK-90 -064 (WRB)
This is a lawsuit concerning the 1989 Bayfront Park
Christmas tree fiasco. It was a suit by a contractor
supplying crane services to Mr. Kaufman, who was apparently
unpaid, and sought to be reimbursed from the City. The City
filed a Motion to Dismiss for failure to state a claim in
April of 1990, which went unresponded to. After a year had
passed, the City filed a Motion to Dismiss for Lack of
Prosecution, which was granted by the Court on May 13, 1991.
9. Francisco J. AN7.QATEGUI v. City of Miami;
Case No. 89-30406; LT-89-162 (CFK)
Plaintiff rear -ended by police vehicle totalling plaintiff's
vehicle and injuring plaintiff. Jury verdict against City
approximately $47,000.00.
10. Norma ARIAS V. City of Miami;
Case 89-29622; L-89-167 (CFK)
Motor vehicle accident with City vehicle. Plaintiff filed a
voluntary dismissal of the Complaint.
11. City of Miami v. Alejandro AROCH_A;
Case No. 90-49199 (23);SLF-90-265 (HH)
The City filed lawsuit against AROCHA for defaulting on the
City's second mortgage in the amount of $18,327.00. A new
payment schedule was arranged with Defendant to bring his
account current. Therefore, the City filed a voluntary
dismissal without prejudice.
- EXHIBIT NO. 4 -
91- 459
( 2 of 13 )
12. Manuel and arlos ARRBBOL v. City of Miami et al.;
Case No. 90-10308 (31) LT-90-275 (WRB)
This is a lawsuit for personal injuries resulting from a
tree limb falling on the plaintiff's vehicle while he was
travelling down a portion of Coral Way. The City of Miami
moved for summary judgment based upon the fact that this
particular roadway was not maintained by the City of Miami,
but rather by Dade County. Instead of contesting the Motion
for Summary Judgment, the City was voluntarily dismissed
without prejudice. Although this case could be filed again,
the statute of limitations will run on July 31, 1993.
13. BANCBOSTON MORTGAGE CORP v. City of Miami;
Case No. 88-29759 (18); LF-89-142 (CFK)
Mortgage foreclosure by bank against numerous defendants.
City had a lien on property which was foreclosed upon by the
Court.
14. BANKATLANTIC v. Mvriam T. Costales et al., -
Case No. 90-11037; LF-90-072 (HH)
Mortgage foreclosure case. City's Building and Zoning lien
on property is inferior to plaintiff's first mortgage.
Property sold at public auction on December 5, 1990.
15. BANKATLANTIC v Myriam T. Costales et al., -
Case No. 90-11038; LF-90-081 (HH)
Mortgage foreclosure case. City had a special assessment
lien placed on property for outstanding solid waste fees
which is superior to any other liens on property, excluding
government tax liens. The City collected $955.26, when the
property was sold at public auction on December 5, 1990.
16. BANKATLANTIC v. Donald K. Browne;
Case No. 90-11858; LF-90-082 (HH)
Mortgage foreclosure case. City's interest on property was
inferior to plaintiff's first mortgage. Property sold at
public auction on December 5, 1990.
17. BANKATLANTIC v. Donald K. Browng;
Case No. 90-11780; LF-90-083 (HH)
Mortgage foreclosure case. City's interest on property was
inferior to plaintiff's first mortgage. Property sold at
public auction on April 16, 1991.
- EXHIBIT NO. 4 -
( 3 of 13 )
91-- 459
18 . City__ of Miami V. C BARAHONA and Marco A. SOTO;
Case No. 90-13755 (SP-05); LC-90-199 (HH)
The City brought suit against BARAHONA and SOTO for damages
to City property due to a motor vehicle accident in the
amount of $1,264.42. Final judgment was entered on November
5, 1990 and their driver's license has been suspended.
s
i
19. City of Miami v. Manuel BARROSO;
Case No. 90-12286 (SP-05); LC-90-194 (HH)
L'
t
z The City brought suit against BARROSO for damages to City
£ property due to a motor vehicle accident in the amount of
$1,267.00. Payment arrangements were made, therefore, the
City filed a voluntary dismissal.
20. Patricia BARANOWSKI. et. al.. v. SM 87 Investments. Inc, et
al.; Case No. 89-24729 (03); LF-89-138 (HH)
Mortgage foreclosure case. City had a special assessment
lien placed on property for outstanding solid waste fees
which is superior to any other liens on property, excluding
government tax liens. The City collected $1,670.64, when
the property was sold at public auction on August 23, 1990.
21. BARNETT MORTGAGE COMPANY, et al. v. Gerald Dummerville, et
a.l:; Case No. 91-16447 (21); LF-91-179 (HH)
Mortgage foreclosure case. City had a special assessment
lien placed on property for outstanding solid waste fees in
the amount of $982.74, which is superior to any other liens
on property, excluding government tax liens. Order of
dismissal was entered on May 23, 1991.
22. BENEFICIAT. MORTGAGE COMPANY OF FLORIDA V. Mildreda Lopez
Rodriguez., et al.; Case No. 91-7179 (24); LF-91-121 (HH)
Mortgage foreclosure case. City had a judgment entered
against the RODRIGUEZ's in the amount of $1,991.45 pursuant
to it's Motion to Tax Costs. However, this judgment is
inferior to plaintiff's first mortgage. Therefore, the
City's interest was wiped out. Summary final judgment of
foreclosure was entered ion April 16, 1991.
23. City of Miami v. BRIEHLER. Roy P-;
Case No. 89-12225 (05); LC-89-160 (CFK)
Action to evict tenant from slip at Watson Island. Summary
Judgment entered in favor of the City and the tenant was
evicted.
- EXHIBIT NO. 4 - 91 - 459
( 4 of 13 )
rg
7 r
� 4
r
bt
b 4 24. CALIFORNIA FEDERAL BANK v. Donald K. Browne, et al.,
Case No. 90--10968; LF-90-071 (HH)
#s gym: Mortgage foreclosure case. City's notice of violation lien
.: was inferior to plaintiff's mortgage. Property sold at
public auction on October 10, 1990.
25. Joseph CAROLLO v. City of Miami. et al. -
Case No. 89-52648; LL-89-034 (WRB)
z This was an election contest brought by former City
Commissioner, Joseph Carollo, against Commissioner Dawkins,
the City Clerk and the City of Miami. The case was
dismissed with prejudice on technical grounds and was not
appealed.
26. Joy CARR v. Angel Llanes et al.;
Case No. 90-6026; LF-91-111 (HH)
Mortgage foreclosure case. Final judgment was entered on
April 19, 1991.
27. Leonard COHEN v. City of Miami;
Case No. 85-16023 (02); LT-85-067 (LMF)
--" Leonard Cohen was a police officer who initially declined
membership in the City's Group Health Plan; however, he
subsequently applied to join the program, but the paperwork
was not processed properly or was lost. The City initially
declined his claims for medical bills incurred as a result
of an operation. After Judgment was entered by the Court,
Y. payment was eventually made through Equitable, which
administers the City's Group Health Plan. The amount paid
was approximately $12,000.00 plus attorney's fees.
28. COMPREHENSIVE FORECLOSURE v. Ernestine Davis;
Case No. 90-4404; LF-90-226 (HH)
Mortgage foreclosure case. City's second mortgage is
inferior to plaintiff's first mortgage. Summary judgment of
foreclosure was entered on March 26, 1991 and property was
sold at public auction on April 24, 1991.
0
29. p & R FORKLIFT SERVICE, INC. v. Bannerman Landscaping. Inc..
et al. v. The City of Miami;
Case No. 83-3264 (02); LC-91-114 (HH)
Writ of Garnishment case. Plaintiffs filed a dismissal of
Writ of Garnishment on the Garnishee, City of Miami, since a
municipality/government agency may not be served with said
type of writ unless in the case of specific family matters.
EXHIBIT NO. 4 - -- 459
( 5 of 13 )
y a
-. try"•
'-
5 �
N
p>
r
x F
�rx
30. Nellie D LA GUARDtA v. City of Miami;
Case 89-24663 (29); L-90-172 (CFK)
g ter F _
plaintiff tripped and fell on City sidewalk injuring
!r;'
herself. Plaintiff filed a voluntary dismissal of the
Complaint.
x
31. John DEES v. City of Miami, et al.;
U.S. District Court Case No. 87-1828-CIV-ARO (CCM)
a -
Plaintiff, a former City of Miami police officer sued the
city and various city officials for damages and alleged that
his arrest and unsuccessful criminal prosecution for perjury
violated his federal constitutional rights in violation of
42 U.S.C. Section 1983. The city prevailed on a motion for
summary judgment.
32. DEPOSIT GUARANTY MORTGAGE COMPANY v. Juana Rodriguez, _et
Case No. 90-44567 (30); LF-90-217 (HH)
Mortgage foreclosure case. Plaintiffs filed a voluntary
dismissal without prejudice and Release of Lis Pendens on
November 2, 1990.
33. EUREKA FEDERAL SAVINGS & LOAN ASSOCIATION, et al., v. Any
Unknown heirs, et al.; Case No. 90-08788; LF-90-055; (HH)
Mortgage foreclosure case. City had a special assessment
lien placed on property for outstanding solid waste fees
which is superior to any other liens on property, excluding
government tax liens. The City collected $1,467.50, when
the property was sold at public auction on December 19,
t 1990.
A
34. FEDERATE
NATIONAL MORTGAGE
ASSOCIATES V. Jose Rafael
Rodriguez,
et al.; Case No.
90-16575; LF-90-099 (HH)
Mortgage
foreclosure case.
City's demolition lien upon
property
is inferior to
plaintiff's first mortgage.
Property
sold at public auction
on October 16, 1990.
35. FEDERAL NATIONAL
MORTGAGE v.
Vivian Sanchez. et al.;
Case No.
89-55649; LF-9. 387
(HH)
E
Mortgage
foreclosure case.
City's lien on property was
.
inferior
to plaintiff's mortgage. Summary final judgment
entered on March 7, 1991.
36. FIRST FLORIDA
SAVINGS v. Francisco
Godoy, et al..
Case No.
91-7594; LF-91-120
(HH)
Mortgage
foreclosure case.
City had a special assessment
lien placed
on property for
outstanding solid waste fees
EXHIBIT NO. 4- 9 1- 459
( 6 of 13 )
h-
which is superior to any other liens on property, excluding
government tax liens. The City collected $1,082.63, when
the property was sold at public auction on April 17, 1991.
37, FIRST MINNBSOTA SAVINGS BANK. FSB v. Yves Louis -Charles, et
al.; Case No. 90-14746; LF-90-103 (HH)
Mortgage foreclosure case. City's notice of violation lien
on property is inferior to plaintiff's first mortgage.
Property was sold at public auction on August 15, 1990.
38. FIRST NATIONWIDE SAVINGS BANK v. Cardet. et al.;
Case No. 91-07111 (29); LF-91-122 (HH)
Mortgage foreclosure case. Plaintiff's filed a voluntary
dismissal without prejudice.
39. FLORIDA NATIONAL BANK OF MIAMI et al, v. Jeremy P. Bell,
et al.; Case No. 90-03891; LF-90-038 (HH)
Mortgage foreclosure case. The City had entered a cost
judgment against BELL in the amount of $387.45. An order of
dismissal was filed on March 28, 1991.
40. FLORIDA NATIONAL BANK v. Nancy Miller, et al., -
Case No. 89-23297; LF-89-148 (HH)
Mortgage foreclosure case. City had filed a lawsuit against
Nancy Miller in 1986, City of Miami v. Nancy Miller, Case
No. 86-17683, for outstanding delinquent solid waste fees
for the amount of $926.38. A judgment was entered against
Ms. Miller on April 6, 1987. Florida National Bank brought
in the City into this lawsuit due to final judgment entered
against MILLER. However, MILLER paid and satisfied said
judgment. Property was sold at public auction on
October 16, 1990.
41. Larry GLOVER v. City of Miami;
Case No. 86-1171-Civ-SCOTT; LT-86-100 (LMF)
This was a claim for employment "discrimination" under the
First Amendment brought against the City and its former
Chief of Police, Herbeit Breslow, and Assistant Chief of
Police, Robert Warshaw. The City and the other Defendants
were successful at trial in obtaining a directed verdict or
verdict from the jury on the Plaintiff's various claims.
Apparently the matter was included in this year's list,
since the Plaintiff's appeal of the Judge's and Jury's
decision was rendered during 1990, the decision of the
appellate court confirmed the lower court's and jury's
decision on all matters.
- EXHIBIT NO. 4 -
91-- 459
( 7 of 13 )
Mortgage foreclosure case. City had a special assessment
lien placed on property for outstanding solid waste fees in
the amount of $3,235.01, which is superior to any other
liens on property, excluding government tax liens. Motion
for Final summary judgment was entered in favor of the City
-
and the City collected it's money when the property was sold
at public auction.
43. HOME SAVINGS OF AM RICA, F A. v. Jose R. Camachol et al.;
Case No. 90-43486; LF-90-210 (HH)
Mortgage foreclosure case. City had a special assessment
lien placed on property for outstanding solid waste fees in
the amount of $462.36, which is superior to any other liens
on property, excluding government tax liens. Plaintiffs
filed a voluntary dismissal without prejudice.
�.
44. A_t.
1T_EGON GENER INSURANCE CORP v City of Miami -
Case No. 87-16086; LT-87-148 (CFK)
Subrogation action against City by insurance company.
F'
„
Dismissed by Court upon motion by City.
45. may_ of Miami v. INTERNATIOM TALENT PRODUCTIONS, 3 INC . ;
Case No. 88-34751; LC-88-204 (HH)
City filed a lawsuit against International Talent
Productions, Inc., for rent due in the amount of $25,000.00.
Final judgment was entered in favor of the City and the City
is currently trying to obtain a writ of levy to execute on
said judgment.
46. Stanley JAMISON, et al. v. Willie Calhoun. et al ,
Case No. 90-05591; LF-90-080 (HH)
Mortgage foreclosure case. Property involved in this
lawsuit is part of the mass foreclosure suits filed by the
City, City of Miami v. Certain Lands, Case No. 88-54813, due
to delinquent solid waste fees. The City collected
$5,758.76, due to it's %pecial assessment lien.
47. City of Miami v. JoeaHna Croxton JANVIER, et. al.;
Case No. 90-29984; LF-90-186 (HH)
The City filed lawsuit against JANVIER for defaulting on the
City's loan in the amount of $20,660.00. On October 19,
1990, JANVIER made a payment of $3,015.99 and brought her
account current. Therefore, the City filed a voluntary
dismissal without prejudice.
- EXHIBIT NO. 4 -
91- 459
hh-
( 8 of 13 )
r — _
e
`.t...
48. KISLAK NA�'IONAr• BANK v. Chrysler First Financial Service
Corp., et alp,; Case No. 90-20394: LF-90-102 (HH)
-:
Mortgage foreclosure case. Property involved in
this
lawsuit is part of the mass foreclosure suits filed by
the
City, City of Miami v. Certain Lands, Case No. 88-12800,
due
to delinquent solid waste fees. The City collected
$4,501.20, due to it's special assessment lien.
49. William M. KNOWLES V. City of Miami;
Case No. 90-3060 (24); LC-90-280 (HH)
E
Plaintiff brought suit against the City alleging that
City
employees and/or sub -contractors forcibly entered
his
property causing damages to the front gate and ruining
all
of his ornamental trees, etc. City's motion to dismiss
on
the grounds that the plaintiff failed to comply with
the
notice provision of Section 768.28 was granted
on
December 19, 1990.
50. Laniel and Wisline LABROUSSE v. City of Miami;
Case No. 87-44868 (13); LT-87-183 (LMF)
Laniel Labrousse alleged that he had been falsely arrested
and battered. The case was tried and the jury did not find
any liability against the City on the battery claim (the
false arrest claim had been resolved prior to trial). The
b
City collected $4,500.00 in costs from the Plaintiffs.
51. Arline H. LANG v. City of Miami;
Case No. 89-00533; LT-88-288 (WRB)
s
This lawsuit concerned a slip and fall on a sidewalk within
the territorial limits of the City of Miami. Discovery
revealed that the particular sidewalk at issue was
maintained by Dade County and not the City of Miami.
Accordingly, in return for a waiver of costs, the case was
dismissed with prejudice against the City of Miami on April
16, 1990.
52. Carlos M_ALDONADO v. City of Miami;
Case No. 88-29732 (32); LT-88-134 (IMF)
This was a motor vehicle accident involving a City police
car. The case was tried and a jury awarded Plaintiff
damages. The amount allowed was ultimately less than
$4,000.00, in light of the collateral source rule. The City
did not appeal the verdict.
- EXHIBIT NO. 4 -
91-- 459
i
( 9 of 13 )
53 . City of M- a�tn;y Faustino AttTINEZ x Raul ZAN.M;
Case No 90-13754; LC-90-205 (HH)
The City brought suit against MARTINEZ and ZAMORA for
damages to City property due to a motor vehicle accident in
the amount of $453.80. Payment arrangements were made,
therefore, the City filed a voluntary dismissal.
54• VTCE CREDIT UNION v. McDuffie Myers et al..,
Case No. 89-51215 (11); LF-90-130 (HH)
Mortgage foreclosure case. City had a special assessment
lien placed on property for outstanding solid waste fees in
the amount of $1,396.09, which is superior to any other
liens on property, excluding government tax liens. Motion
for Summary Final Judgment in favor of the City was entered
on August 22, 1990.
55. MIDLAND MORTGAGE C'ORP v. Sergio Reyes, et al.;
Case No. 90-56484; LF-90-279 (HH)
Mortgage foreclosure case. City's Code Enforcement lien
upon property is inferior to plaintiff's first mortgage.
Summary final judgment entered on April 9, 1991.
56. City of Miami v Juana MOYA. Juana & Anibal MONTEAGUDO;
Case No. 90-09238; LC-90-179 (HH)
The City brought suit against MOYA and MONTEAGUDO for
damages to City property due to a motor vehicle accident in
the amount of $600.92. Final judgment was entered in favor
of the City on February 7, 1991 and their driver's license
has been suspended.
57. MXCO Funding v. Rex Donald;
Case No. 90-34249; LF-90-191 (HH)
Mortgage foreclosure case. City had a special assessment
lien placed on property for outstanding solid waste fees
which is superior to any other liens on property, excluding
government tax liens. The City collected $1,056.78, when
the property was sold at public auction on Marcia 21, 1991.
i
58. Annette OSIAS v. City of Miami;
Case No. 88-46702 (10); LT-88-259 (HH)
This was a claim for injuries as a result of an automobile
accident with a City of Miami owned and operated vehicle.
The plaintiff, a Haitian refugee, apparently relocated to
Haiti after the case was filed, lost contact with her
attorney and, consequently, the case was dismissed for lack
of prosecution on March 15, 1990. As the incident occurred
on or about May 6, 1985, the statute of limitations has now
expired.
- EXHIBIT NO. 4 -
( 10 of 13 ) 91 -- 459
L
59. PECK INDUSTRIES.-INC. v City of Miami;
Case No. 89-1058-Civ-Scott; LT-89-156 (WRB)
This claim was a Section 1983 challenge to the City of
Miami's refusal to allow the plaintiff to have permits to
erect advertising signs within the City of Miami. The case
was filed in the united States District Court and because of
either lack of interest or lack of merit on the part of the
plaintiff's claim, it was voluntarily dismissed by the
plaintiff on June 1, 1990.
60. Clara PLEZ and Bernard Dailey v City of Miami;
Case No. 90-34671 (28); LT-90-180 (WRB)
This was a claim alleging a false arrest of, and police
brutality against, the plaintiff's minor son, Bernard
Dailey. The minor plaintiff is apparently a juvenile
delinquent and was involved in another incident with the
police subsequent to this incident. Because the plaintiff
could not get the cooperation of the minor child to have his
deposition taken, the plaintiff dismissed this claim without
prejudice. As this incident occurred on November 18, 1989,
the statute of limitations will run on November 19, 1993.
61. City of Miami v. Christine PUQH & Willie HILL;
Case No. 90-13756; LC-90-200 (HH)
The City brought suit against PUGH and HILL for damages to
City property due to a motor vehicle accident in the amount
of $4,196.13. Final judgment was entered in favor of the
City on December 24, 1990, and their drivers' licenses have
been suspended.
62. REPUBLIC NATIONAL BANK OF MIAMI v. EsReranza Lahera. et al.;
Case No. 90-62484 (14); LF-91-146 (HH)
F
Mortgage foreclosure case. Plaintiff's dismissed the City
of Miami, since it was the City of North Miami that had
e filed a lien against the property.
63. Julio SAI.AS. etc.. et al. v. City of Miami. et al.;
Case No. 89-57390 (30); LT-89-398 (CCM)
The plaintiff's decendeft was run over and killed by a city
police officer in a city police vehicle. Alleging
negligence, the plaintiff seeks damages on behalf of the
decendent's estate and survivors under the Florida Wrongful
Death Act against the city and its police officer. Jury
returned a verdict against the city in the amount of
$661,000.00, they found the decendent 10% negligence.
- EXHIBIT NO. 4 -
( 11 of 13 )
91-- 459
64 . SCG XORTQAGE CORPORATION v . Jose X. Artiles , et al.;
Case No. 90-32543 (09); LF-90-231 (HH)
Mortgage foreclosure case. City had a special assessment
lien placed on property for outstanding solid waste fees in
the amount of $525.92, which is superior to any other liens
on property, excluding government tax liens. plaintiffs
filed a voluntary dismissal as to the City.
65. Murray M. SHELDON V. City of Miami;
Case No. 90-08114-SP-05; L-90-131 (CFK)
Owner of facility on Watson Island sued City for damage to
his docks. Dismissed by Court upon motion by City.
66. Orlando SILVA v. City of Miami. et al., -
Case No. 90-13051; LZ-90-060 (WRB)
This incident arose out of a dispute over an easement
between two private property owners. Both the City of Miami
and Dade County were named as defendants, and were
immediately dismissed with prejudice by the Court. The City
of Miami really had no involvement in the case.
67. Louis Edward STEWART v. City of Miami;
Case No. 82-0093-Civ-ROETTGER; LT-82-119 (LMF)
This was a claim for false arrest brought under the Civil
Rights Act. The Plaintiff was pro -se. After the case
having been assigned to many judges in the United States
District Court, Judge Roettger finally granted the City's
Motion for Summary Judgment, thereby concluding the matter.
68. Silvio and Rolando SOTO v. 6660 Biscayne Boulevard. Inc., et
_l ,; Case No. 91-02163; LF-91-071 (HH)
Mortgage foreclosure case. Plaintiff's filed a voluntary
dismissal and discharge of lis pendens on March 22, 1991.
69. SOUTHERN FLORIDABANC FEDERAL SAVINGS & LOAN ASSOCIATION v.
Andre & Immacula HIALIRE; Case No. 90-29767; LF-90-173 (HH)
Mortgage foreclosure case. City had a special assessment
lien placed on property for outstanding solid waste fees
which is superior to any other liens on property, excluding
government tax liens. The City collected $1,056.78, when
the property was sold at public auction on March 21, 1991.
70. City of Miami v. Eugenio SUAREZ,
Case No. 90-10443 (SP-05); LC-90-140 (HH)
The City filed a lawsuit against SUAREZ for outstanding
dockage fees in the amount of $845.64. Defendant made
- EXHIBIT NO. 4 -
( 12 of 13 )
91-- 459
W-
r
r
payment and brought the account current. Therefore, the
City filed a voluntary dismissal without prejudice.
71. THE TALMAN HOME & FEDERAL SAVINGS & LOAN ASSOCIATION OF
ILLINOIS Y. Walter L, Smith;
Case No. 90-19982; LF-90-134 (HH)
Mortgage foreclosure case. City had a special assessment
lien placed on property for outstanding solid waste fees
which is superior to any other liens on property, excluding
government tax liens. The City collected $3,750.36, when
property was sold at public auction on December 19, 1990.
72. TRANSOUTH MORTGAGE CORPORATION et al. v Elizabeth Johnson,
et al.: City of Miami v. Elizabeth Johnson;
Case No. 90-41809 (11); LF-90-234 (HH)
Mortgage foreclosure case. The City filed Cross -Claim
against JOHNSON for defaulting on a second mortgage given by
the City in the amount of $29,403.00. Final judgment was
entered in favor of the City to recover said amount plus
late charges, interest and attorney's fees.
73. UNITED NATIONAL BANK, et al v 3101 Associates. LTD. et
al.; Case No. 91-11258 (26); LF-91-154 (HH)
Mortgage foreclosure case. City had a special assessment
lien placed on property for outstanding solid waste fees in
the amount of $185.30, which is superior to any other liens
on property, excluding government tax liens and $3,845.56
for its demolition lien and $422.50 for its highway
improvement lien. Plaintiffs dropped their action against
the City.
74. Jay S. WEINSTEIN v. Aussireta Mathis, et al.;
Case No. 90-33063 (07); LF-90-166 (HH)
Mortgage foreclosure case. Plaintiff filed a joint
stipulation of dismissal without prejudice.
0
- EXHIBIT NO. 4 -
91-- 459
WIT
a—
( 13 of 13 )
'r U1,11-17P,
�y
APPELLATE PRACTICE
pf�
}
1. E3315 AYERS.
Appellate
et a3 v. People Gas System.
Case No.: 90-1363; 90-1206,
Inc.,
Third District Court
of Appeal
Plaintiff
stepped into an uncovered
gas valve box while
crossing
the street and broke his ankle. Plaintiff sued for
negligent
maintenance of the street. Appellate court
reversed
Summary Judgments entered in
favor of the City and
co-defendant,
Peoples Gas.
2. Boy BRIEHL.ER
Appellate
v. City of Miami;
Case No.: 89-315 AP;
r
Dade Circuit Court,
Appellate
Division
i
City sued to evict Briehler and his vessel from a berth at
Watson Island. Briehler counterclaimed for $4 million in
damages. Pursuant to a motion to dismiss filed by the City,
the court dismissed Briehler's counterclaims. After a
summary judgment hearing, the court ruled in favor of the
City and ordered Briehler evicted. Defendant subsequently
vacated the premises but appealed the court's dismissal of
his multicount counter -complaint. The appellate court
affirmed the dismissal in favor of the City. �-
3. Vincent COLLAZO v. City of Miami;
Appellate Case No. 89-229-AP, Dade Circuit Appellate
Division
A city police officer implicated in the River Cops scandal,
COLLAZO appealed his dismissal to the Civil Service Board.
After a hearing, the Civil Service Board voted to recommend
to the City Manager that he uphold the dismissal. The City
Manager entered a judgment following the Civil Service
Board's recommendation. COLLAZO challenged the judgment.
The appellate court ruled in favor of the City and refused
to issue a writ of certiorari.
4. CULLIGAN WATER v. City_Miami;
Appellate Case No.: 90-067-AP, Dade Circuit Court,
Appellate Division
Culligan Water sought to have 4 of the 9 lots it owns
rezoned to commercial from a residential designation. The
City Commission followed the recommendation of the Planning
Department and denied the request. Culligan Water filed a
Petition for Certiorari challenging the action taken by the
City Commission. The Appellate Court ruled in favor of the
City and denied the petition.
EXHIBIT NO. 5 - 91- 459
( 1 of 4
5• RaQ�_DAVIS. etc et al. y. City of Miami;
Appeal Case No.: 89-2722, Third District Court of Appeal
Plaintiff was severely beaten by an unknown assailant in
Gibson Park. She remained in a coma for several days and
was hospitalized for approximately 20 days. Plaintiff, who
sustained brain damage as a result of the assault, alleged
that the city negligently maintained the park resulting in
the assault upon her. On Summary Judgment, the city argued
that it was under no legal duty to have operated the park in
such manner so as to have prevented the assault. Appellate
Court affirmed Summary Judgement entered in favor of the
City.
6. Carlos FERNANDEZ v. City of Miami;
Appellate Case No. 90-077-AP, Dade Circuit Appellate
Division
Carlos Fernandez filed a Petition for Writ of Certiorari
challenging the judgment entered by the City Manager after a
civil service hearing. The appellate court dismissed the
petition in favor of the City.
7. FITNESS SHQTrICASE v. City of ,Iliami;
Appellate Case No.: 89-02715, Third District Court of
Appeal
Fitness Showcase submitted a response to an RFP for
equipment for the police gym, but was not selected as the
successful bidder. Fitness Showcase submitted a bid
protest, which was denied as being untimely. Fitness
Showcase took an appeal to the Third District Court of
Appeal. The Appellate Court dismissed the appeal for lack
of jurisdiction.
8. FOP/AFSCME v. City of Miami;
Appellate Case No.: 89-915, Third District Court of Appeal
The Circuit Court dismissed FOP/AFSCME's petition to vacate
and/or modify arbitration award with prejudice because the
petition Was filed after the statute of limitations ran.
The appellate court ruled in favor of the City and affirmed
the dismissal. !
9. Manuel GOMEZ v. City of Miami;
Appellate Case No.: 90-5112, United States Court of
Appeals, Eleventh Circuit
Gomez, a City police officer, brought an action against the
City under 42 U.S.C. Section 1983 as a result of certain
investigations brought against him. The District Court
entered Summary Judgment for the City and the Eleventh
Circuit Court of Appeals affirmed.
- EXHIBIT NO. 5 -
91 w 4 59
2 of 4 )
I0 . Maurice GUM v. city of Miami , et al. -
Appeal Case No.: 89-2797, Third District Court of Appeal
F ' `
Two City
y of Miami police officers, working in plain clothes,
were alleged to have falsely arrested and prosecuted thePlaintiff
`
on a charge of carrying a concealed firearm. The
court entered Summary Judgment in favor of the City and the
two police officers and assessed costs against the plaintiff
R
which have been paid. The Appellate Court reversed the
Summary Judgment.
11. Ada LOPEZ, et al v. City of Miami & Rudolfo Arias et al.;
Appellate Case No.: 90-5335, U.S. Court of Appeals,
Eleventh Circuit
This is a "River Cops" related case. Plaintiffs sued the
City and others alleging a federal cause of action under 42
U.S.C. Section 1983 and several causes of action under state
law. The district court dismissed the state law claims
against the City and the Plaintiffs appealed. The appellate
court requested briefs on a jurisdictional question and
ultimately dismissed the appeal for a jurisdictional reason.
12. •
MIAMI JUSTICE CENTER ASSOCIATES v. City of Miami,
Appellate Case No. 91-94, Third District Court of Appeal
MJCA was not selected as the successful proposer for the
Federal Law Enforcement Building and filed an action for
declaratory and injunctive relief. After a three day
nonjury trial, the trial court entered an involuntary
dismissal against the Plaintiff. The Appellate Court ruled
in favor of the City and affirmed.
13. MIAMI JUSTICE CENTER v. City of Miami;
Appellate Case No. 90 -188 AP, Dade Circuit Appellate
Division
Appellate Case No. 91-225, Third District Court of Appeal
MJCA was not selected as the successful proposer for the
Federal Law Enforcement Building Project and filed a bid
protest. The City Commission followed the recommendation to
deny the bid protest. MJCA filed an appeal in the Circuit
Court Appellate Division, which was dismissed pursuant to
the City's Motion. MJCA appealed the dismissal to the Third
District Court of Appeal, which also dismissed the case
pursuant to the City's motion.
14. Cry of Miami v. Charles SMITH;
Appellate Case No.: 90-1599, First District Court of Appeal
The Judge of Compensation Claims awarded pension offset
benefits in accordance with the Supreme Court of Florida
Barraaan decision and made an alternative award of
$20,431.00. The Appellate Court affirmed the award of
EXHIBIT NO. 5 - 91- 459
( 3 of 4 )
F2
f$
Jxf f 4`'v
3 vi
aT
lk
d y '
iMiami
*, pension offset benefits but struck the alternative award of
$20,431.00.
N 5' 15 .sty of Miami v. U S F & G•
Appellate Case No.: 89-250, Third District Court of Appeal
City brought third -party complaint against insurer seeking a
determination of coverage. The third party complaint was
dismissed and the appellate court upheld the dismissal.
16. Eufemio VERRIER V. City of Miami,, et al.;
G Appellate Case No.: 89-2801, Third District Court of Appeal
Plaintiff brought suit against the City for personal
injuries sustained as a result of being shot by a City
police officer. The officer was responding to a domestic
dispute involving the Plaintiff. The court entered Summary
Judgment for the City as the evidence was undisputed that he
feared for his life when he shot Plaintiff. The Appellate
Court affirmed the Summary Judgment in favor of the City.
16. City of Miami v. WATKINS;
Appellate Case No. 90-1717, First District Court of Appeal
The Judge of Compensation Claims awarded pension offset
benefits pursuant to the Supreme Court of Florida's Barraaan
decision. The Appellate Court affirmed the award.
S.%
17. Edward ZABALA v. City of Miami;
Appellate Case No.: 89-193-AP, Dade Circuit Appellate
Division
A city police officer implicated in the River Cops scandal,
ZABALA appealed his dismissal to the Civil Service Board.
k' After a hearing, the Civil Service Board voted to recommend
to the City Manager that he uphold the dismissal. The City
Manager entered a judgment following the Civil Service
Board's recommendation. ZABALA challenged the judgment.
The appellate court ruled in favor of the City and refused
to issue a writ of certiorari.
s
- EXHIBIT NO. 5 -
91- 459
( 4 of 4 )
1. Brickell Park/Brickell Point - The Federal Court
approved settlement which called for an exchange of City owned
Brickell Park for the Brickell Point property provided for a Fall
1989 closing. The closing did not occur and a significant
participant in the proposed exchange has since removed itself
from the transaction. Ongoing discussions are being held by
representatives of the Downtown Development Authority and the
City Manager's Office.
2. Coconut Grove Playhouse Project - The Department of
Off -Street Parking has entered into a leasing arrangement to
build a parking garage adjacent to the Playhouse which will be
refurbished. A 30,000 sq. ft. retail development is part of the
project. In March of 1990 the developer, Coconut Grove
Investments, Inc., formally withdrew from this project. The
Department of Off -Street Parking and the Governing Committee will
consider other use of the property in the near future.
Outstanding issues remain regarding existing contractual
obligations to be resolved with the State. A revised Request for
Proposals is presently under consideration for issuance.
3. 2640 S. Bayshore Drive UDP (Dinner Key Marina) (UDP) -
A 25 year lease to include planning, designing, construction,
leasing, and management of approximately 12.57 acres of
municipally -owned waterfront property for a full service boat
yard facility, marina, and ancillary marine related retail use.
The developer is Dinner Key Boatyard, Inc. The estimated cost is
$8 million (construction cost). Minimum lease payment to the
City is $405,000 per annum as against 8% of gross, whichever is
greater. It is projected that it will be 50% completed two years
after the permits are issued and fully constructed two years
later. Dinner Key Boatyard executed the lease and then defaulted
in payment of rent and other obligations. City Attorney's Office
has commenced eviction proceedings in Dade County Circuit Court.
4. Federal Law Enforcement Building Project - The
construction of an approximately 250,000 sq. ft. building to be
leased to the U.S. General Services Administration to house the
U.S. Attorney's Office and oDher U.S. Law Enforcement Agencies,
to be located between N.E. is and Miami Avenue and N.E. 4th and
5th Street. Developer(s) selection is in process. The cost is
estimated at $30 Million (plus). The City issued $30 Million in
Rental Revenue Bonds in July, 1990; however, it is anticipated
that the actual cost of construction will exceed this amount. It
is projected that construction will commence in July and be
completed by approximately 1992. The City has acquired the
property upon which the building will be constructed.
- EXHIBIT NO. 6 -
( I of 2 )
91-- 459
5. Omni Redevelopment Project (UDP) - The establishment of
a tax increment financing development to assist in the financing
of commercial development in the area bounded by I-395, N.W. 20th
Street, Biscayne Hay and the FEC Railway. Developer(s) are to be
selected. The estimated cost and completion date has not been
determined. The City Commission has authorized the execution of
the Interlocal Agreement which has been transmitted to
Metropolitan Dade County.
r
6. Overtown Historic Village Phase I (UDP) - The
rehabilitation, restoration and construction of commercial and
residential structures to create a regional tourist attraction
showcasing the legacy of Miami's Overtown Community in the area
bounded by N.W. 2nd Avenue, N.W. 3rd Avenue, N.W. 8th Street and
N.W. loth Street. Developer(s) are to be selected. The
estimated cost is at $7 Million and is anticipated to be
completed by 1994. The City is in the property acquisition
phase. Approximately 34 parcels will be acquired.
t
7. Roberto Clemente Park Project - The expansion of the
Park located at 34th Terrace between 1st and 2nd Avenues.
Developer(s) to be selected. The estimated cost is $1.8 Million
including the property acquisition and construction costs. It is
anticipated that it will be completed one year after property
acquisition is completed. Ten of eleven properties have been
acquired. Acquisition of the remaining parcel is pending and
should be completed in the very near future.
8. Southeast Overtown Park West Redevelopment Project
Phase I (UDP) - The development of approximately 1,900
residential (rental and home ownership) units and 240,000 sq. ft.
of commercial space within a nine -block area adjacent to the
Overtown Transit Station. The developers are Park West, Ltd.,
Indian River Investments, Inc., Cruz Development and Associates,
Ltd. The cost is estimated at approximately $190 Million of
public and private funds. It is projected to be completed by
early 1995. Three of the nine blocks are presently under
construction.
( 2 of 2 ) 91-- 459
1. Establishing requirement of submitting a Traffic Control
Measures (TCM) Plan by developers applying for Major Use
Special permit.
2. A irrevocable permit to be issued for installation of guard
gate in right-of-way which does not completely hinder public
access when installation is part of a governmental project
or is an element of a special taxing district.
3. Establishing a new "Civic Center Special Vending District"
for area around Metro Justice Building, providing for hours
of operation, number of vendor or carts and specific vending
zones.
4. Redefining the boundaries of the Dinner Key Marina yacht
basin and the Bayfront Park prohibition anchorage area.
5. Providing for an annual review for all appointments of City
Commissioners to boards, authorities or committees which
have been created by ordinance or resolution.
6. Shortening the period of notice to an alleged violator
before a hearing may be held before the Code Enforcement
Board.
7. Creating a second City Code Enforcement Board.
8. Adopting "South Florida Fire Prevention Code".
9. Allowing liquor package stores to open for business on
Sundays and extending their hours of operation during
certain holidays.
10. Prescribing a procedure to be followed before the Police
Chief or Fire Chief may be removed.
11. Creating a Nuisance Abatement Ordinance.
- EXHIBIT NO. 7 -
91... 459
Z;.
CITY AUTHORITIES, BOARDS & COMMITTEES
Adhoc Minority Advisory Committee for the Miami Arena
Affirmative Action Advisory Board
Amphitheater Advisory Committee
Asian Village Committee
Bayfront Park Management Trust
Bayside Minority Foundation
Charter Amendment Form of Government
Citizens Review Panel (Overtown)
City of Miami/University of Miami James L. Knight International
Center Advisory Committee
City of Miami General Employees' & Sanitation Employees'
Retirement Trust
Civil Service Board
Coconut Grove Standing Festival Committee
Codesignation Advisory Committee
Code Enforcement Board
Commission on the Status of Women
Committee on Ecology & Beautification
Community Development Advisory Board
Construction Industry Advisory Board
Fire Fighters' & Police Officers' Retirement Trust
First Source Agreement Advisory Committee
Grove Festival Committee (See Coconut Grove Standing)
Health Facilities Authority Board
Heritage Conservation Board
Impact Fee Board
International Trade Board
Large Scale Development Committee
Latin Quarter Review Board
Liberty City Educational Center Committee
Little Havana Community Development Advisory Board
Miami Audit Advisory Committee
Miami River Coordinating Committee
Miami Sports & Exhibition Authority
Miami Waterfront Board
Minority Procurement Compliance Board
Off Street Parking Board
Office of Professional Compliance Advisory Committee
Overtown Advisory Board
Planning Advisory Board
Plat and Street Committee
Special Events in Coconut Grove (See Coconut Grove Festival)
Standing Park Advisory Board
Urban Development Review Board
Visions 2000 Committee
WynwoodSNID Advisory Council
Zoning Board
- EXHIBIT NO. 8 -
� 4
g�8
1
4�iy
� Fyi
y
t
c
3.
{
1` OF
INCO i �QATE
o"F
CITY ATTORNEY'S OFFICE
CITY OF MIAMI
FLORIDA
JORGE L. FERNANDEZ, CITY ATTORNEY
"Committed to Serve the City and Dedicated to Excellence"
JUNE 1991
91— 959
THE CITY OF MIAMI COMMISSION
XAVIER L. SUAREZ
Mayor
J. I- PLUMMER, JP -
Vice -Mayor
VICTOR EL DE YURRE
Commissioner
MILLER J. DAWKINS
Commissioner
e�.
�y
-k1 t
� r
.
f
ti
FABLE OF CONTENTS
Introduction and Overview
............................................ 1
Office Operation and Management ................................ .....
.........................
Organizational Chart................................:......................
2
....3
Telephone Directory
............4
..................................................
Responsibilitiesof Each Division...............................................................
5
CommercialDivision
..................................................................
5
Employment and Labor/Police Division
.........................................................
5
GeneralLitigation...........................................................................
5
Planning/Development Division ...................
..........................................
5
Zoning/Development
Division.................................................................
6
Areas of Law Practiced by the Members of the
CityAttorney's Office
.....................................................................
7
Administrative Law
..........................................................................
7
AppellatePractice
...........................................................................
7
CableTelevision
.............................................................................
7
CodeEnforcement..........................................................................
7
Collections/Subrogation
......................................................................
8
Constructionlaw
............................................................................
8
Contract& Commercial Law
..................................:...............................
8
DevelopmentProjects
........................................................................
9
EminentDomain............................................................................
9
EnvironmentalLaw
..........................................................................
9
Labor and Employment Relations
..............................................................
9
LandUse & Real Estate
.......................................................................10
Litigation...................................................................................11
Municipal Practice
Conflictof Interest
.......................................................................
8
LegalOpinions..
.....................................................................10
Legislation...................................... :..........I..........................10
MunicipalFinancing
......................................................................11
PoliceDepartment Legal Advisors..........................................................11
Public Records Law (Government in the
SunshineLaw) ................................ ........................... I ......... .12
Planningand Zoning.........................................................................11
Workers' Compensation......................................................................12
Servingthe City of Miami...............................................................13
ElectedOfficials............................................................................
13
CityAdministration ......................................... .... .............................
13
Membersof the Public.......................................................................13
Authorities, Boards, and Committees............................:...............................13
Attorneys' Biographical Profiles...............................................................17
91-- 459
0
g"
r
�z
a
k
INTROD 7CI`ION AND OVERVEEW
"COMMIT MD TO SERVE THE CITY AND DEDICATED TO EXCELLENCE"
The purpose of this brochure is to acquaint officials and employees of the
City of Miami and interested members of the private sector who conduct
business with the city with the goals, management, operation, and person-
nel of the City Attorney's Office. To that end, procedural, substantive, and
biographical information is provided herein.
The City Attorney's Office represents the City of Miami, its officials, and
employees in all legal matters relating to their official duties The city attor-
ney and the staff of assistant city attorneys prosecute and defend all suits
brought for and against the city, draft ordinances and resolutions, approve
all contracts, bonds, and written instruments for form and correctness, and
the City of Miami Commission, the city manager, and the director of any depart -
render legal opinions upon request to
ment, relating to their respective powers and duties and on any issue that may require legal analysis
The City Attorneys Office monitors more than fifty city authorities, boards, and committees. The city attorney
or his designee serves as legal counsel to all boards, committees, and authorities, and attends all meetings The City
Attorney's Office prosecutes all of the city's cases before the city of Miami's Civil Service Board and the Code Enforce-
ment Board
The City Attorney's Office strives to meet the expanding and changing legal needs of the city and its officials
and employees By maintaining a staff of highly competent attorneys, the City Attomey's Office has significantly
reduced the need to retain outside legal counsel.
The City Attorney's Office is committed to providing the highest quality legal services in the most efficient and
productive manner possible. All systems and strategies in the organization and management of the office have been
developed to support these goals
This brochure, though not exhaustive, is designed to be useful. It is hoped that you will turn to this brochure
for quick reference when a question or situation arises in which the city attorney or a member of the City Attorney's
Office may render assistance.
JORGE L FERNANDEZ
CITY ATTORNEY
1
91- 459
OFFICE OPERATION AND MANAGEMENT
The administrative structure of the City Attorney's Office consists of a city attorney, a deputy city attorney,
four division chiefs and 17 assistant city attorneys. The city attorney is ultimately responsible for the efficient
and cost-effective operation of the City Attorney's Office; for representing the City in all its litigation and
for providing legal representation to the city and its administrative and elected officials. The deputy city
attorney is responsible for administering the daily operations of the office and also acts as the division
chief in charge of the Litigation Division. Under the deputy city attorney there are four divisions: (1) Com-
mercial (2) Employment and Labor (3) Planning/Development, and (4) Zoning/Development. Each divi-
sion is headed by a chief assistant city attorney who, in addition to carrying a full work load, is responsible
for coordinating and facilitating the work assigned to individual attorneys on issues treated under said divi-
sion. While each assistant city attorney has a primary area of responsibility, each is also involved in at least
two other areas of legal practice. This is done in order to achieve our goals of having a legal staff that
is well trained (cross -trained) and capable of implementing a team approach to the practice of law.
Several computerized office systems have been developed to facilitate the administrative and manage-
ment needs of the office. These systems are: Litigation Tracking System (L7% Contract Tracking System
(CTS), Time -Keeping Tracking System (TKTS), legal opinions (MIA), staff assignments (OA and A), legis-
lation (j), Authorities, Boards and Committees Tracking System (ABCTS), City Commission Action
Follow -Up Log (C), and forfeitures (F).
The City Attorney's Office regularly conducts workshops and seminars for the benefit of city officials
and employees on a variety of topics such as workers' compensation, tort liability, Sunshine Law, and Public
Records Law. Other workshops and seminars, given on a request basis, include employment and labor law,
procurement law, and other areas of law that may be of interest or concern.
91- 459
2
Rafael O. Diaz
Commercial Division
ORGANIZATIONAL CHART
OFFICE OF THE CITY ATTORNEY
Jorge L. Fernandez
City Attorney
A. Quinn Jones, III
Deputy City Attomey
Administration/General litigation Division
DIVISION CHIEFS
Albertine B. Smith
Employment and
Labor/Police Division
Joel E. Maxwell
Planning/Development
Division
ASSISTANT CITY ATTORNEYS
G. Miriam Maer
Zoning/Development
Division
IrmaM.Abella..................................................... (IMA)
WarrenV. Bittner................................................... (WRB)
JulieO. Bru....................................................... (JOB)
LeonM.Firtel...................................................... (LMF)
Judith L. Gersten ....................................................(JIG)
Humberto Hernandez ................................................ (HOH)
Ramon Irizarri...................................................... (ROI)
Linda K. Kearson................................................... (LKK)
Christopher F. Kurtz ................................................ (CFK)
Carmen L. Leon .................................................... (CLL)
Beverley A. Linton .................................................. (BAL)
Charles C. Mays .................................................... (CCM)
Ana Maria Pando................................................... (AMP)
Kathryn S.Pecko................................................... (KSP)
Pamela Pride-Chavies................................................ (PPC)
3
91- 459
CITY OF MIAMI CITY ATTORNErS O CE
TELEPHONE DIRECTORY
579-6700
Attorneys
Ext.
Secretaries
Ext.
Irma M. Abella
4532
207
Lugena Boles
236
Warren V. Bittner
3396
264
Suelean Smith
270
Julie O. Bru
6708
206
Madeline Valdes
232
Rafael O. Diaz
3438
260
Patricia Blue
238
Jorge L Fernandez
3352
213
Rita lagace
255
Leon M. Frtel
3386
211
Carolyn Mauer
245
Judith L Gersten
4534
268
Emily Totino
258
Humberto Hernandez
3349
205
Cuqui Ameneiro
248
Ramon Irizarri
3354
226
Beth Falk
242
A. Quinn Jones, III
6777
224
Cuqui Ameneiro
248
Linda K. Kearson
4530
204
Patricia Blue
238
Christopher F. Kurtz
6775
208
Beth Falk
242
Carmen L Leon
3462
231
Evelyn Gonzalez
239
Beverley A Linton
6576
Khadijah Dean
6576
G. Miriam Maer
6712
230
Rosa Alegria
233
Joel E. Maxwell
6710
229
Debra Barnes
235
Chaves C. Mays
3475
210
Bettie Rich
244
Ana M. Pando
6576
Pauline Hall
6576
Kathryn S. Pecko
3471
250
Lugena Boles
236
Pamela Pride-Chavies
3397
265
Evelyn Gonzalez
239
Albertine B. Smith
3470
228
Madeline Valdes
232
Office Manager/Administrative Assistants
KarenMorris........................................................................(3330) 201
MaritzaPereira.............................................................................. 266
Legislation
RobertClark Esq.....................................................................(3460) 212
BeverlySolomon........................................................................... 249
GladysBermudez........................................................................... 271
Legal Services Aide
WaldoPuente.............................................................................. 6700
Vacant..................................................................................... 237
Receptionist/Switchboard
RosaGomez.............................................................................. 6700
NoraLawson........................................................................ ... 6700
Clerk II
GuillermoRubio....................................................................... ... 6700
FaxNumber.......................................................................... 579-3399
91 4 59 i 4
0
RESPONSIIIIiITIES OF EACH DIVISION
Commercial Division
This division is responsible for handling commercial, financial, transactional and contractual matters.
Collection actions are also initiated and defended in foreclosure of city housing, and community devel-
opment loans, special assessments and. other municipal liens. City attorneys collect checks returned for
nonpayment, and recover outstanding indebtedness from unpaid city leases or permits. In addition, the
commercial division reviews all contracts (special events, use permits, grants, leases) to which the city is
a party for proper form and correctness, prior to execution by the contracting parties.
In the area of procurement, this division is responsible for ensuring that the proper contracting methods
and procedures are followed in acquisition and disposition of property and services. Attorneys in this divi-
sion review and render advice as to the propriety of invitations for bids, requests for proposals, competitive
selection procedures and solicitations of quotations, pertaining to the city's purchase of goods, supplies,
equipment, and personal, professional and technical services.
Employment and Labor/Police Division
All labor relations and labor/employment matters come under this division. This division provides legal
i-
counsel to the Police Department, through two full-time police legal advisors who work at the Police Depart-
ment. In addition, this division is responsible for representing the city departments and city administration
in the prosecution of employee appeals and grievances before the City of Miami Civil Service Board, and
represents management in arbitration proceedings and litigation.
General Litigation
Attorneys in this division defend lawsuits filed against the city and its employees and public officials.
The scope of representation includes cases involving public officials' liability, civil rights violations, con-
struction litigation, and personal injury. This division is also responsible for initiating lawsuits on behalf
of the city, when required to do so. The general litigation division also works with the Risk Management
Office in presuit negotiations to facilitate the settlement of many claims.
planning/Development Division
This division handles myriad issues from growth management to planning of land use development.
City attorneys provide legal representation for planning and large scale development, redevelopment, prop-
erty acquisition (eminent domain, negotiated purchases, and property and lease management), and unified
development projects (UDPs). This division also handles issues pertaining to public rights-ofway, such as
vending, street closings, and street festivals. _
5 91.l; `459
Zoning/Development Division
Attorneys in this division are responsible for all issues associated with the zoning of land use development They
provide legal representation for large scale development, redevelopment, property acquisition (eminent domain,
negotiated purchases, and property and lease management), unified development projects (UDPs), issues pertaining
to public rights-ofway (vending, street closings, street festivals), and code enforcement
;
91- 459
2
ARRAS OF LAW PRAM i YCED BY
THE MEMBERS OF THE CITY ATTORNErS OMCE
The individual(s) whose initials appear next to each title is (are) the person(s) most directly involved and or respon-
sible in said area of practice. Those listed under the title are also knowledgeable and able to assist you in addressing
any issues you may have on the given area of practice.
Administrative Law (AQJ)
(ABS, CU, GMM, IMA, JEM, KSP, PPC, WRB) The City Attorney's Office represents the City of Miami, its offi-
cials, members and employees of city authorities, boards, and committees. The attorneys handle all aspects of admin-
istrative law, including the application process, administrative hearings, appeals, investigations, and civil enforcement
proceedings. The City Attorney's Office prepares legislation to update and modify the provisions of the City Charter
and City Code, as necessary.
Appellate Practice (KSP)
(ABS, CCM, JEM, WRB)
This office handles appellate litigation and originai proceedings (certiorari, prohibition, mandamus) filed in state
and federal courts. The appeals cover various substantive areas of the law, including, but not limited to, workers'
compensation, labor relations, personal injury, pornography, 42 U.S.C. Section 1983, construction, and commercial
litigation. Additionally, the City Attorney's Office handles appeals taken from proceedings conducted by the City
of Miami Civil Service Board, the Code Enforcement Board, and actions taken by the City of Miami Commission.
Cable Television (AQJ)
(cCM)
The CityAttorney's Office provides legal counsel to the Office of Cable Communications, which serves as a "watch-
dog" to ensure that the cable television licensee complies with the terms and conditions of the license agreement
granted by the city and with all applicable federal, state, and local laws. This office prepares legislation in regard
to cable television, as needed
Code Enforcement (PPc)
(HOH)
In the past year, this office has prosecuted more than 800 violators before the City of Miami's Code Enforcement
Board In the immediate future, the role of the Code Enforcement Board will be broadened to include prosecution
for fire prevention violations Owners of abandoned structures, commonly used as "crack houses," are now prose-
91 ` 459
cuted by the law Department's code enforcement lawyers, under a new nuisance ordinance passed by the City of
Miami Commission. A special task force has been created to conduct major sweeps in neighborhoods where there
are heavy, outstanding violations.
Collections/Subrogation (HOH)
(BAL CFK, UAA, PPC)
The City Attorneys Office handles collection claims on behalf of various city departments, including solid waste,
finance, parks and recreation, conferences and conventions, building and zoning, and housing and community devel-
opment. These collection actions are instituted in foreclosures of city housing, community development loans, spe-
cial assessments and other municipal liens, collection of checks returned for nonpayment, and recovery of indebted-
ness from unpaid city leases or permits. These collection efforts recover funds for the city in excess of $740,000,
annually.
Collection efforts are also focused on third -party liens existing in workers' compensation cases and on recovery
from the Special Disability Trust Fund, established by The Florida Workers' Compensation Law. In addition, the City
Attorney's Office collects'subrogation claims arising from damage to city vehicles and property.
Conflict of Interest (ROD)
(GMM, JEM, IiMA) !4111�
The City Attorney's .Office determines whether all officers, employees, or board members of the city comply with
applicable statutory and code provisions pertaining to potential or actual conflicts of interest. To this end, the City
Attorney's Office prepares legal opinions on a variety of situations involving possible conflict of interest.
Construction Law (GMM)
(CCM, CFK, LKK)
The CityAttomey's Office represents the city in all phases of construction, including structuring relationships among
the various parties, negotiation and documentation, contracts, construction lending, title insurance, administration,
bonding, and dispute claim resolution. The CityAttorney's Office participated in the Bayside and Bayfront Park proj-
ects, and now represents the city in major construction litigation cases, including the CenTrust Parking Garage, Park
West, Overtown, and the James L Knight Convention Center.
Contract & Commercial Law (ROD)
(BAIL, CII , GMM, HOH, IMA, LKK)
The City Attorney's Office is responsible for filing proof of claim in bankruptcy cases. Additionally, the City Attorney's
Office defends liens in mortgage foreclosure cases and also forecloses on city liens.
The City Attorney's Office reviews all contracts to which the city is a parry, including contracts for special events,
91- 459 8
leases, use permits, and grants. The contract review process entails an initial review of the contract for form and
correctness and, if necessary, modification before execution. This office performs a final review and approval upon
execution by the contracting party. The City Attomey's Office also coordinates obtaining insurance approval from
the insurance manager. Some of the special events which the City Attomey's Office assists in coordinating are the
annual Grand Prix, the Coconut Grove Arts Festival, and the Calle Ocho Festival.
Development Projects ULV)
(GMM, JEM, I.KK, ROD)
This office participates in the development process from its inception to completion. In some instances, the City
Attomey's Office is consulted to determine the appropriate development process for the city to undertake, such
as a combination of professional services or unified development Regardless of the process utilized, the City Attor-
ney's Office reviews the requests for proposals before their issuance and provides legal advice to all selection com-
mittees. This office assists in negotiations and preparation of the developmental agreements after the consultant
or developer has been selected Additionally, depending on the funding source for the development project, this
-office prepares and reviews funding applications and associated documents.
Eminent Domain OEM)
The CityAttorney's Office institutes condemnation proceedings under Florida eminent domain law, after findings
of public purpose by the City of Miami Commission and failure to obtain properties through negotiated purchase.
This procedure is ongoing and has been used successfully by the city for acquisition of land for major public facilities,
parks, and redevelopment projects, like the rapidly evolving Ovenown Park West Redevelopment Project,
Environmental Law (MA)
(CLL, GMM, JEM, HOH, LKK)
The proliferation of local, state, and federal environmental laws and regulations has required the City Attomey's
Office to become intimately familiar with them to counsel different departments and agencies on matters regarding
water and air pollution, solid hazardous waste disposal, occupational safety and health, land use, natural resource
development, and energy. Accordingly, this office has vigorously litigated various environmental law issues affecting
the city.
Labor and Employment Relations (ABS)
(AMP, AQJ, BAI, CCM, CLL, JLG, JOB, KSP, ROD, ROI)
The CityAttomey's Office counsels and assists all city departments in matters involving constitutional, contractual,
statutory, and other legal rights of employees. This office also assists departments in applying civil service rules, dmft-
ing official documents pertaining to employment issues, and developing appropriate policies and procedures for
the execution of management responsibilities and prerogatives concerning employees. Our attorneys help to avoid
9 9i_. 459
possible unfair labor practice charges, and counsel departments regarding disciplinary procedures, with the goal
of establishing sound, positive employer/employee relations. This office renders legal advice about personnel pol-
icies and procedures, employment contracts, drug and alcohol testing, abuse and treatment issues, employee hand-
books, as well as sensitive discharge and disciplinary matters.
Land Use & Real Estate (GMitit, JEM)
(HOH, IMA, JOB, LKK, ROD)
The CityAttomey's Office represents and provides legal counsel to the city's land use boards and authorities, includ-
ing the Zoning Board, Health Facilities Authority, Sports and Exhibition Authority, Downtown Development Author-
ity, Planning Advisory Board, Heritage Conservation Board, Latin Quarter Review Board, Impact Fee Board of Review,
Large Scale Development Committee, and Bayfront Park Management Trust. Departmental clients include the Plan-
ning Department, Building and Zoning Department, Development Department, Public Works Department, Commu-
nity Development Department, Parks and Recreation Department, General Services Administration, and Solid Waste
Department.
The City Attorney's Office also renders legal services relating to the acquisition, development, financing, and con-
summation of negotiations in transactions of various real estate projects. This includes preparation of all necessary
documents and preparation of any necessary legislation.
Legal Opinions (AQJ)
(ABS, AMP, BAI, CIJ,, GMM, HOH, IAA, JEM, JOB, KSP, PPC, ROD, ROI)
The City. Attorney's Office issues legal opinions on subjects at the request of the mayor.and members of the City
of Miami Commission, the city manager, and department directors. These opinions provide the requesting party
with the necessary legal information so that the appropriate decisions and actions may be taken. This office prepares
written legal opinions, upon request, regarding contracts, bids, liens and foreclosures, lease agreements, conflicts
of interest, taxation, planning and zoning, employment and labor relations, election law, and interpretation of charter
and code provisions.
Legislation (ABS, GMM, JEM, ROD)
(CM HOH, IMA, KSP, PPC)
The City Attorney serves as counsel to the city administration and the City of Miami Commission by formalizing
legislation in the form of resolutions and/or ordinances which, among other things, authorize the city manager to
execute contracts for procurement, amend appropriations, regulate public activities, and approve or disapprove pro.
posed service projects that involve housing and social services. In conjunction with this function, this office provides
interpretation of the City Code to all city departments and offices, and furnishes information concerning the City
Code to the general public.
91- 459 10
Litigation (AQJ)
(ABS, BAL CFK, CCM, CLI, NOtL JiEK JLG, KSP, PPC, ItOL V")
This office litigates actions filed in state and federal courts in various substantive areas of law, including commer-
cial, tort, labor and employment, workers' compensation, land use, planning, zoning, civil rights violations, and dig-
crimination actions. The City Attorney's Office handles these cases from the filing of the complaint through trial
and subsequent appeal.
Municipal Financing (Ron)
(GMM, Jam, LKK)
In furtherance of the City Commission's authority to issue bonds for municipal purposes, the CityAttomey's Office
engages and coordinates the services of outside counsel for bond issues. While bond counsel prepares the bond
documents, this office provides substantial assistance and ultimately approves the form and substance of the doc-
uments prepared by bond counsel and other attorneys and participants in the issue. The City Attorney's Office rep-
resents the city at all meetings and public hearings held in regard to such issue Moreover, in the event the bond
issue is validated through the courts, this office acts as counsel during the proceedings.
Planning and Zoning (GMK JIEM)
(MA, Jos, KSP, LKK)
The City Attorney's Office handles a broad range of growth management, zoning, redevelopment, housing,
finance, and public land issues. This involves every facet of land use, including the Miami Corhprehensive Neigh-
borhood Plan, rezonings, Developments of Regional Impact (DRIB), permitting, tax increment financing, impact fees,
Unified Development Projects (UDPs), real property acquisition (negotiated acquisition and eminent domain
actions), regulation and use of public rights-ofway, and applications for zoning relief on legal review of action, in
the form of variances and special exceptions
Police Department Legal Advisors (AMP, BAL)
(As, A% CYK)
The police legal advisors are responsible for litigating civil forfeiture cases pursuant to Chapter 93Z Florida Statutes,
representing the city at Civil Service appeals and unemployment compensationt appeals for Police Department
employees, and reviewing public records requests. These attorneys respond to legal questions and provide informal
legal opinions to the police staff and other employees, regarding civil and criminal law, and assist in the review
of Police Department procedures and contracts. The police legal advisors respond to police emergencies and other
requested field assistance and also act as liaison with other law enforcement organizations and agencies, regarding
interpretation of laws affecting law enforcement. They review and recommend legislation affecting the Police Depart-
ment, provide legal research and legal information to Police Department staff and other employees, and 'assist the
11 91-- 459
Police Department Training unit by, among other things, issuing legal bulletins.
Public Recorils Law (Government in the Sunshine Law) (ADS)
(AMP, AQJ, HAI., UIC, M GMM, IIMA, JM KSP, ROD)
The City Attorney's Office gives legal advice to all city departments, boards, agencies, and authorities, regarding
compliance with the Public Records Law and the Sunshine law The Public Records Law governs inspection and
examination of public records maintained, formalized, or perpetuated by a municipal entity, such as the City of
Miami. The Sunshine Law signifies the intent of the Florida Legislature that there be open government and that all
official meetings be open to the public. By their very nature, these statutory provisions often require interpretation
and the rendition of legal advice to ensure compliance.
Workers' Compensation (Roi)
(YLG, KSP)
The professional services rendered by the attorneys include handling all workers' compensation cases, advising
the Risk Management Office of the applicable law in adjusting a claim, litigating and settling all workers' compen-
sation liens, and rendering legal opinions on any claim that has become difficult for an adjuster to handle, whether
in litigation or not. The City of Miami attorneys also prepare legal opinions in connection with claims for city depart-
ments or administrative offices.
91- 459.
12
SERVING THE CITY OF MIAMi
Elected Officials
As counsel to the City Commission, the city attorney offers legal advice to the Mayor and other Commissioners
concerning the performance of their official duties. He is available upon request, for direct consultation with indi-
vidual members of the Commission in regard to interpretation of organic or statutory law. He also serves as the
draftsman of legislation which expresses the will, intent, and policy of the commission as it discharges its deliberative
function during assembly in City Commission meetings.
City Administration
The City Attorney's Office provides legal services to the city manager and his staff as well as to the various city
departments. Department directors and their designated employees are encouraged to call on the City Attomey's
Office at any time whenever an issue or question arises in which we can be of assistance. In the event the city attorney
is not available, you are encouraged to contact the chief of the division that handles that particular area or the assistant
city attorney assi$ped to that particular issue or area of practice. The organizational chart, (page 3) the summary
of responsibilities for the five divisions of the City Attorney's Office (pages 5 and 6), areas of law practiced by the
City Attomey's Office (pages 7 through 12) and the biographical section (pages 19 through 29) will provide you
the necessary cross referencing to reach the right person.
Members of the Public
The CityAttomey's Office is open to the public and maintains regular office hours during which it furnishes infor-
mation to individual members of the public who inquire about the provisions of the City Code as it affects such
individuals. This service is restricted by ethical and legal constraints and therefore is limited to general information
only. Because of the enforcement activity of the City Attorney's Office, a great deal of time is devoted to providing
citizens with information concerning the status of particular matters or individual claims.
Authorities, Boards, and Committees
The City Attorney's Office is responsible for providing legal counsel to various authorities, boards, and committees
of the City of Miami that exercise responsibilities and power delegated by charter or ordinance. These boards and
authorities hold public hearings and proffer recommendations to the City of Miami Commission for its ultimate
action. In some instances, they serve as quasi-judicial or quasi -legislative bodies. The City Attorney's Office provides
legal counsel, interprets federal, state, and local law, and prepares legal opinions to the authorities, boards and com-
13 91-- 459
mittees. In addition, the City Attorney's Office researches and prepares documents pecessary to facilitate the
actions of the authorities, boards, and committees
The City Attorney's Office oversees the appointment process of members to Individual city boards, committees,
and authorities to ensure that there is no violation of state or local conflict of interest laws or of the constitutional
dual -office -holding prohibition. Members and prospective members of the various entities are encouraged to contact
the city attorney for an opinion in the event a question relating to these matters arises from activities of the entity.
The following list of the city authorities, boards, and committees provides a quick reference to staff attorneys that
are responsible for serving the different authorities, boards, and committees If the city attorney is not available to
answer any Inquiry, you may contact the assistant city attorney assigned to act as the liaison to a particular board,
committee, or authority.
Wk
AUTHORITIES, HOARDS, AND COMMITTEES ATTORNEY
Adhoc Minority Advisory Committee for the Miami Arena ............................................... Linda K Kearson
Affirmative Action Advisory Board................................................................. A. Quinn Jones, III
Amphitheater Advisory Council......................:................................................ G. Miriam Maer
Artin Public Places Committee...................................................................... Warren V. Bittner
Asian Village Committee............................................................................. Irma M Abefla
AuditReview - WASA............................................................................... Rafael O. Diaz
Bayfront Park ManagementThrst..................................................................... G Miriam Maer
Bayside Minority Foundation........................................................................ Undo K Kearson
BudgetReview Committee........................................................................... Rafael O Diaz
Charter Amendment Form of Government ............................. .............................Jorge L Fernandez
City of Miami/University of Miami James L Knight International Center ..................................... Carmen L Leon
Advisory Committee
City of Miami Youth Advisory Council............................................................. Pamela Pride-Chavies
Civil Service Board............................................................... Ana Maria Pando & Judith L Gersten
CodeEnforcement Board.......................................................................Pamela Pride•Chavies
Codesignation Advisory Committee.................................................................... Irma M. Abella
Commission on the Status of Women ............................................... . . ". * . * * , ....... Irma M. Abella
Committee on Ecology and Beautification.............................................................. G. Miriam Maer
Committee on City -Wide Affordable Housing TvA Fund.................................................Linda K. Kearson
Community Development Advisory Board.............................................................. Carmen L Leon
Construction Industry Advisory Board.................................................................. Irma M. Abella
Downtown Development Authority................................................................... Joel E. Maxwell
Downtown Waterfront Master Plan.................................................................... Joel I- Maxwell
Implementation Advisory Committee
East Little Havana Task Force.........................................................................Irma M. Abella
First Source Agreement Advisory Committee........................................................... Linda K. Kearson
Grov
Heals Festival Committee Board
......................................................................G. Julie O.Bru
Health Facilities Authority Board .. . G. Miriam Maer
Heritage Conservation Board.......................................................... .. .Julie O. Bru
Impact Fee Board of Review......................................................................... Joel E. Maxwell
Interim Exhibition Center Committee................................................................. Carmen L Leon
InternationalTrade Board...................................................................... Humberto Hernandez
LargeScale Development Board...................................................................... Joel Ii Maxwell
LatinQuarter Review Board..........................................................................Irma M. Abella
Liberty City Educational Center Committee........................................................... Beverley A. Linton
Little Havana Community Development Advisory Board ................................................... Irma M. Abella
Miami Audit Advisory Committee....................................................................... Rafael O. Diaz
Miami International Festival Advisory Committee .................................................... Humberto Hernandez
Miami River*Coordinating Committee............................................................. Christopher F. Kurtz
Miami Sports and Exhibition Authority................................................................. Rafael O. Diaz
Miami Waterfront Board ...................................................... ...... ....... ChristopherF. Kurtz
Minority Procurement Compliance Board........................................................... A. Quinn Jones, III
OffStreet Parking Board............................................................. G. Miriam Maer & Rafael O. Diaz
Office of Professional Compliance Advisory Committee .................................................... Ramon Irizarri
OvertownAdvisory Bc:ad..........................................................................Linda K Kearson
PlanningAdvisory Board...........................................................................Linda K Kearson
Plat and Street Committee ......................................................................... G. Miriam Maer
SpecialEvents in Coconut Grove.........................................................................Julie O. Bru
South Florida Employment and Training............................................................... Carmen L Leon
Consortium (Private Industry Council)
Stadium Facility Use Committee...................................................................... Carmen L Leon
Standing Park Advisory Board........................................................................ Carmen L Leon
UrbanDevelopment Review Board......................................................................Julie O. Bru
West Little Havana Task Force.........................................................................Irma M. Abella
Wynwood SKID (Safe Neighborhood................................................................. Linda K. Kearson
Improvement District) Advisory Council............................................................ .
Zoning Board . . G. Miriam Maer
15 91- 459
Irma M. Abella
Ms. Abella attended Florida Atlantic University, where she graduated
cum laude, with a bachelor of arts degree in psychology, In 1975. Ms.
Abella received her juris doctor degree, in 1989, from the University
of Miami School of law, and became a member of the Florida Bar that
same year.
Ms. Abella joined the City Attorney's Office in 1989, after working
for fifteen years as an insurance underwriter. She initially practiced in
the areas of contracts, procurement, collections, and commercial litiga-
tion. She now concentrates in the areas of zoning, planning, and devel-
opment Ms. Abella also serves on the Construction Industry Advisory
Board, the Asian Village Committee, the Codesignation Advisory Com-
mittee, the Little Havana Community Development Advisory Board,
the Fast Little Havana Task Force, the Latin Quarter Review Board,
and the Commission on Status of Women.
Warren R. Bittner
Mr. Bittner attended the university of Miami, where he graduated with
bachelor of arts degree in anthropology and a bachelor of science
degree in mathematics, in 1980, and a juris doctor degree, in 1983. He
received his LLM. in admiralty, in 1986, from 'Iiilane University. Mr.
Bittner won the 1986 Clann, Bell & Murphy Admiralty Writing Compe-
tition award He has also authored several law journal articles on Mar-
itime subjects. Mr. Bittner is member of the Florida, California, Louisi-
ana, Texas, and Hawaii bars. He also belongs to the Maritime law
Association of the United States, and is a member of many local bar
associations, including the Dade County Bar Association.
Mr. Bittner joined the City Attorney's Office in 1989. He practices in
the area of litigation and appeals.
19 91- 459
Julie O. Bru
Ms. Bru graduated from the University of South Florida, with a bache-
lor of arts degree in political science, cum laude, in 1985. Ms. Bru
received her juris doctor degree in 1988, from Stetson University Col-
lege of Law, where she was a member of the Stetson Moot Court
Board She was awarded the southeastern regional Best Oralist Award
at the 1988 Philip C. Jessup International Law Moot Court Competition.
While in law school, Ms. Bru also received the AmericanJurisprudence
Book Award for Professional Responsibility in May, 1988. She became
a member of the Florida Bar Association and the Cuban American Bar
Association, in 1989.
Ms. Btu joined the staff of the CityAttomey's Office in 1989 She prac-
tices in the areas of labor employment relations, civil service, and arbi-
tration.
Rafael O. Diaz
Mr. Diaz graduated with a bachelor of arts degree from Florida Inter-
national University, in 1972- In 1980, Mr. Diaz received a juris doctor
degree, with honors, from Florida State University College of law He
also taught legal research and writing at Florida State University Col-
lege of Law from 1979 to 1980. Mr. Diaz has been a member of the Flor-
ida Bar since 1981. He is also a member of the bar of the United States
District Court for the Southern District of Florida, a member of the
National Institute of Municipal Law Officers, and a member of the
Cuban American Bar Association.
Mr. Diaz became a member of the City Attorney's Office in 1988. He
represents the Department of Off -Street Parking and the International
Trade Board The areas of law in which he practices include develop-
ment, municipal finance, general commercial law, and legislation.
Of- 459
011
Jorge L. Fernandez
Mr. Fernandez is the city attorney for the City of Miami. He attended
Calvin College, where he received a BA., in education in 1970, .and
Florida International University, where he received an MS., in admin-
istration and management, in 1975. In 1979, Mr. Fernandez received
his J.D. from Wayne State University School of Law. In 1980, he was ad-
mitted to the Florida Bar and to the bar of the US. District Court for
the Southern District of Florida He has also been admitted to the bars
of the U.S. Court of Appeals, Fifth District, and the US. Supreme Court
Mr. Fernandez is a member of the Dade County Bar Association and
the Cuban American Bar Association. He belongs to the Florida Bar
Association's Local Government Law Section, the American Bar Asso-
ciation's Urban, State, and Local Government Law Section, and the
National Institute of Municipal Law Officers.
Mr. Fernandez has been a member of the City Attorney's Office since
1982 In 1988, he was appointed city attorney.
Leon M. Firtel
Mr. Firtel received a bachelor of science degree in business adminis-
tration from the University of Florida, in 1966. He attended the Univer-
sity of Miami, where he received his juris doctor degree, in 197Z He
became a member of the Florida Bar in 1972, and has been admitted
to the bar of the United States District Court for the Southern District
of Florida, the United States Court of Appeals, Eleventh Circuit, and the
United States Supreme Court Mr.Firtel is a past president of the Miami
Beach Bar Association, a current member of the Miami Beach, Dade
County, and American bar associations, and belongs to the National
Institute of Municipal Law Officers. He is also active in numerous com-
munity organizations.
Mr. Firtel became a member of the City Attorney's Office in 1982- He
has served as advisor to the pension boards and as an instructor for
various Police Department classes. Mr. Fine) practices in the areas of
civil rights, pornography, and personal injury litigation.
91-.459
21
Judah L. Gersten
Ms. Gersten attended The American University, where she received a
bachelor of arts in English literature and in studio arts, in 1969. In 1987,
she received a juris doctor degree from Florida State University. She
was awarded The Richard W. Nahstoll Book Award and Alumni Medal
of Metyt in Professional Responsibility, in the summer of 1986, and
Alumni Medal of Merit in Immigration Law, in the spring of 1987. She
was admitted to the Florida Bar in 1988. Ms. Gersten is a former book
series editor for the US. News& World Report Book Division, and re-
ceived the 1982 Howard W. Blakeslee Award, a national writing award,
from the American Heart Association. She is a member of the Florida
Association for Women Lawyers
Ms. Gersten joined the City Attorney's Office in 1989. She practices in
the area of workers' compensation law.
Humberto Hernandez
Mr. Hernandez attended Florida State University, where he graduated
with a bachelor of science degree in political science, in 1984, and a
juris doctor degree, in 1987. While in law school, Mr. Hernandez par-
ticipated in the Oxford University College of Law Joint Program with
Florida State University for exchange students. He is a member of the
Florida and Washington, D.C, bar associations and has been admitted
to practice before United States District Court for the Southern District
of Florida Mr. Hernandez is also a member of the Dade County Bar
Association and the Cuban American Bar Association.
Mr. Hernandez pined the City Attorney's Office in 1989. He practices
in the areas of contracts and commercial litigation.
91- 459
22
Judith L. Gersten
Ms. Gersten attended The American University, where she received a
bachelor of arts in English literature and in studio arts, in 1969. In 1987,
she received a juris doctor degree from Florida State University. She
was awarded The Richard W. Nahstoll Book Award and Alumni Medal
of Merit in Professional Responsibility, in the summer of 1986, and
Alumni Medal of Merit in Immigration Law, in the spring of 1987. She
was admitted to the Florida Bar in 1988. Ms. Gersten is a former book
series editor for the US. News& World Report Book Division, and re-
ceived the 1982 Howard W. Blakeslee Award, a national writing award,
from the American Heart Association. She is a member of the Florida
Association for Women Lawyers.
Ms. Gersten joined the City Attorney's Office in 1989. She practices in
the area of workers' compensation law.
Humberto Hernandez
Mr. Hernandez attended Florida State University, where he graduated
with a bachelor of science degree in political science, in 1984, and a
juris doctor degree, in 1987. While in law school, Mr. Hernandez par-
ticipated in the Oxford University College of law Joint Program with
Florida State University for exchange students. He is a member of the
Florida and Washington, D.C, bar associations and has been admitted
to practice before United States District Court for the Southern District
of Florida Mr. Hernandez is also a member of the Dade County Bar
Association and the Cuban American Bar Association.
Mr. Hernandez joined the City Attorney's Office in 1989. He practices
in the areas of contracts and commercial litigation.
91-.459.1.
r
M
0
1l�.mon Irizarri
Mr. Irizarri received his bachelor of arts degree from Long Island Uni-
versity, in 1969. He attended St. John's School of Law, where he received
his juris doctor degree in 1973. Mr. Irizarri joined the New York Bar
1974, and is currently a member in good standing. He is a member of
the US. District Courts for the Southern and Eastern Divisions of New
York. He became a member of the Florida bar in 1980, and is a member
of the US. District Court for the Southern District of Florida Mr. Irizarri
is a Florida court -certified family mediator. He has taught at Mercy Col-
lege, Dobbs Ferry, New York. Mr. Irizarri belongs to the Cuban Amer-
ican Bar Association and the Lions Club, Buena Vista Chapter.
Mr. Irizarri joined the City Attorney's Office in May, 1990, after practic-
ing as a sole practioner in Miami since 1985 He currently practices
workers' compensation'and labor relations and employment law. Mr.
Irizarri is legal advisor to the Office of Professional Compliance and
is liaison to the City Clerk on election matters
A. Quinn Jones, III
Mr. Jones is the deputy city attorney. He attended Howard University,
where he graduated magna cum laude, with a bachelor of arts degree
in political science, in 1973, and received his juris doctor degree, in
1976. Mr. Jones was associate editor of the Howard Law Journal. He
served as attorney of counsel to Daniels & Roth, where he handled
public utility rate cases before the District of Columbia Public Service
Commission. Mr. Jones is a member of Phi Beta Kappa He has been
a member of the Florida Bar since 1980, and is a member of the Amer-
ican and National bar associations, and the National Institute of Munic-
ipal Law Officers.
Mr. Jones pined the City Attorney's Office in 1983, as deputy city attor-
ney. He is now the administrator of the law Department. The areas
of law in which he practices include labor and employment, cable tele-
vision, and general litigation.
91- 459
23
Linda K. Kearson
Ms. Kearson received a bachelor of science degree in education, in
1972, from Hampton Institute, and a master of arts degree in urban soci-
ology, in 1974, from the University of Northern Colorado. Ms. Kearson
graduated from the University of Miami School of law, with a juris
doctor degree, in 1985. She is a member of the Florida Bar Association,
the Women lawyers Division of the National Bar Association, Dade
County Chapter, and the Black lawyers Association. She belongs to
the National Institute of Municipal Officers, and has been the director
of the Urban League of Greater Miami since 1987.
Ms. Kearson became a member of the City Attorney's Office in 1985.
She practices in the areas of contracts, land development, and hous-
ing. Ms. Kearson is presently counsel to the Housing Conservation and
Development Agency and the Office of Minority and Women's Busi-
ness Affairs.
Christopher E Kurtz
Mr. Kurtz attended the University of Michigan, where he graduated
with a bachelor's degree in music, in 1977. In 1981, he received a juris
doctor degree from the University of Miami. He joined the Dade
County State Attorney's Office, in 1982, and worked as an assistant state
attomey for the Eleventh Judicial Circuit, until 1985. He has been a
member of the Florida Bar since 198Z and has served on its Traffic
Court Rules Committee and Criminal law Section Forfeiture Commit-
tee. In 1985, Mr. Kurtz was admitted to the bar and trial bar of the U.S.
District Court for the Southern District of Florida, and to the Us. Court
of Appeals, Eleventh Circuit. He is a member of the National Institute
of Municipal law Officers, and the Dade County and American bar
associations.
Mr. Kurtz joined the City Attorney's Office in 1985, and served as a po-
lice legal advisor until December, 1988. He now concentrates in the
areas of commercial and personal injury litigation. Mr. Kurtz repre-
sents the City of Miami Waterfront Board and is an advisor to the
Miami River Fwrdinating Committee.
91- 459 24
Carmen L. Leon
Ms. Leon graduated with a bachelor of arts degree, with honors in ge-
ography, from the University of Florida in 1970. In 1973, she received
a juris doctor degree from the University of Notre Dame School of law.
Ms Leon is a member of Phi Beta Kappa. She has been a member of
the Florida Bar since 1973, and is a member of the Trial Bar of the
United States District Court for the Southern District of Florida Ms.
Leon has also been admitted to the bars of the U.S. Courts of Appeal,
Fifth and Eleventh Circuits. She was a senior attorney with Eastern Air
Lines, Inc., where she practiced in the areas of litigation, and admin-
istration, commercial, labor, employment, international and corporate
law. She then worked for the State of Florida Office of the Comptroller
where she practiced administrative and securities law.
Ms. Leon joined the CityAttomey's Office in April 1991. She practices
in the area of contracts, transactional and commercial matters
Beverley A. Linton
Ms Linton attended Fordham University, where she graduated with
a bachelor of arts degree in sociology, in 198Z She received her juris
doctor degree from New York Law School, in 1985. From 1985 to 19M
Ms Linton was an assistant state attorney for the Eleventh Judicial Cir-
cuit, Dade County, Florida She was admitted to the Florida Bar, in
1986. She is a member of the District of Columbia Bar and the bar of
the United States District Court for the Southern District of Florida Ms
Linton belongs to the Dade County, American, National, and Black
Lawyers bar associations. She is also a member of the National Insti-
tute of Municipal Law Officers and the Association of Trial Lawyers
of America.
Ms. Linton started with the City Attorney's Office in 1989. She is pres-
ently a legal advisor for the Miami PoliceDepartment. She practices
in the areas of civil service, forfeitures, and litigation.
91- 459
25
G. Miriam Maer
Ms. Maer is a chief assistant city attorney. She graduated from Florida
Atlantic University, with a BA in English, in 1974, and graduated, cum
laude, from the University of Miami School of law, in 1977. She was
admitted to the Florida Bar in 1977. She is also a member of the bars
of the U.S. District Court for the Southcm District of Florida, the U&
Court of Appeals, Fifth Circuit, and the US. Supreme Court. Ms. Maer
is president of the Florida Planning and Zoning Association and a past
president of the South Florida Planning and Zoning Association. She
is an editor of the Florida Bar Journal and is chairperson -elect of the
Local Government law Section of the Florida Bar and has served on
committees involved with real property and local government law.
Ms. Maer is also a member of the Florida Association for Women Law-
yers.
A former City of Miami assistant city attorney, Ms. Maer repined this
office in 1983, and was appointed chief of the Zoning/Development
Division in 19K Ms. Maer practices in the areas of zoning, planning,
development, land use, municipal finance, and local government law.
Joel E. Maxwell
Mr. Maxwell is a chief assistant city attorney. He received his BA in
history and geography in 1969, from North Carolina Central University,
and his J.D. in 1981, from the University of Miami. He is a member of
the bars of the U.S. District Court for the Southern District of Florida,
the US. Court ofAppeals, Eleventh Circuit, and the U.S. Supreme Court -
He serves on committees for the Real Property Section, the Eminent
Domain Section, and the Local Government Law Section of the Florida
Bar, and the Real Property Section of the ABA. He was the first vice-
president of the Black Lawyers Association, in 1985. He sits on the
board of directors of the University of Miami School of law Alumni
Association.
Mr. Maxwell joined the City Attorney's Office in 1982 In 1989, he was
appointed chief of the Planning/Development Division. I-ie concen-
trates in the areas of land use planning, including the Miami Compre-
hensive Neighborhood Plan, Developments of Regional Impact, Tax
Increment Financing, Impact Fees, and Unified Development Projects.
91- 45,9 26
W�
0
%con s C. mays
low Mr. Mays attended Florida A & M University, where he received a bache-
lor of science degree in political science, in 197Z He graduated from
the University of Miami, with a juris doctor degree, in 1975. That year,
he was admitted to the Florida Bar. He is also a member of the bars
of the United States District Court for the Southern District of Florida
and the United States Court of Appeals, Eleventh Circuit. From 1915
to 1980, Mr.Mays worked as an assistant state attorney for the Eleventh
Judicial Circuit, Dade County, Florida He is also a member of the Na-
tional Bar Association and the National Institute of Municipal law Of-
ficers.
Formerly an assistant city attorney for the City Attorneys Office, Mr.
Mays rejoined this office in 1986. He practices in the area of litigation,
including appeals in federal constitutional and statutory cases, wrong-
ful death, and personal injury.
Ana Maria Pando
Ms. Pando attended Barry University, where she graduated cum laude
with a bachelor of arts degree in pre -law and French. She also attended
La Sobome De Paris and other universities in France. In 1987, she
received a juris doctor degree from the University of Miami School of
Law. She was a Certified Legal Intem at the State Attorney's Office for
the Eleventh Judicial Circuit. Upon graduating from law school, Mrs.
Pando became an associate attorney in the Law Offices of Louis'Ver-
nell, where she practiced predominantly in the area of criminal
.defense. She has been a member of the Florida Bar since 1988, and
of the bar of the United States District Court for the Southern District
of Florida. She is also a member of the Cuban American Bar Associ-
ation and the Dade County Bar Association.
Ms. Pando became a member of the City Attorney's Office in 1991. She
presently serves as police legal advisor for the Miami Police Depart-
ment. She practices in the areas of forfeitures, civil service, and litiga
tion.
91 ' 4 5' 9'
27
Kathryn S. Pecko
Ms. Pecko graduated from Ashland College in 1975, with an associate
of arts degree in secretarial science, and from Florida International
University in 198Z with a bachelor of business administration in mar-
keting. In 1985, she received her juris doctor degree from the Univer-
sity of Miami, where she was a member of the Moot Court Board From
1985 to 1986, Ms. Pecko clerked for The Honorable Phillip A. Hubbart
at the District Court ofAppeal of Florida, Third District She was admit-
ted to the Florida Bar in 1985. She serves on the Appellate Court Com-
mittee of the Dade County Bar Association and on the Local Govern-
ment Law Section of the Florida Bar. Ms Pecko is a member of the
American Bar Association and the National Institute of Municipal Law
Officers.
In 1989, Ms. Pecko pined the City Attorney's Office. She handles ap.
pellate litigation and the prosecution and defense of administrative,
state, and federal appeals. Ms. Pecko also assists in special projects and
legislation.
Pamela Pride-Chavies
Ms. Pride-Chavies received her bachelor of arts degree in communica-
tions and technology, in 1977, from the University of the Americas, in
Puebla, Mexico. She attended the University of Chicago, where she
graduated with a master of arts degree in international relations, in
1980. She received her juris doctor degree in 1984, from Howard Uni-
versity School of Law. In 1985, she was admitted to the Florida Bar.
From 1985 to 1989, Ms. Pride-Chavies was an assistant public defender
in the Florida Public Defender's Office for the EleventhJudicial Circuit,
Dade County Florida She is also a member of the American Bar Asso-
ciation, the Florida Defense Lawyers Association, and :the Black Law-
yers Association. Ms. Pride-Chavies belongs to the legal fraternity, Phi -
Delta Phi.
Ms. Pride-Chavies joined of the City Attorney's Office in 1989. She prac-
tices in the areas of code enforcement, unsafe structures, and litiga-
tion. She is presently counsel to the Youth Advisory Council.
91- 459
28
Albertine B. Smith
Ms. Smith is a chief assistant city attorney. She received a bachelor of
arts degree in economics in 1956, from Tougaloo College, and a master
of science degree in elementary education, in 1967, from Tennessee
State University. She graduated from the University of Miami, with a
juris doctor degree, in 1980. She is a member of the bars of the United
States District Court for the Southern District of Florida and the United
States Court of Appeals, Eleventh Circuit. From 1980 to 1983, Ms. Smith
was an assistant state attorney for the Eleventh Judicial Circuit, Dade
County, Florida She has been a member of the Florida Bar since 1981.
She also belongs to the National and Black Lawyers bar associations,
and the National Institute of Municipal Law Officers,
Ms. Smith became an assistant city attorney in the City Attorney's Of-
fice in 1983• In 1989, she was appointed chief of the Employment and
Labor/Police Legal Advisor Division. She practices in the areas of em-
ployment, torts, appellate litigation, and administrative law.
29 91- 459
CITY OF MIAMI, FLORIDA
PROCEDURES MANUAL
Jorge L. Fernandez
City Attorney
June, 1991
91_
PREAMBLE........... ............. ......... ........... ....1
New Employee Checklist for Attorneys and Staff ........ 2
CHAPTER I - EMPLOYMENT POLICIES
Standardizing Office Practices.... 0...................5
Terms and Conditions of Employment....................5
Annual Leave..........................................6
Sick Leave ....................... ........'....... ...... 7
Work Attendance.......................................8
Office Decorum ...........6.........6.....4...........10
Establishing a Working Basis Between Legal
Secretary and Attorney.... 6.......................11
The Work Product Standard. .... 6......... 6.... ........
11
APPENDIX:. .........................................12
Request for Leave
CHAPTER II - OFFICE PROTOCOL AND ADMINISTRATIVE PROCEDURES
Acting City Attorney.....................0...........13
Monthly Meetings.....................................13
Client List..........................................15
Reassignments.......................................17
Settlement of Claims.................................17
Organization of Files— .............................18
RecordRetention.....................................19
Public Records.......................................20
CitizenCalls ....... ........... ...................... 20
Telephone Calls ............. ......................... 21
Photocopying.........................................22
Postage and Mailing..................................22
Petty Cash...........................................23
Recycling Paper......................................23
Time Accounting— ...................................23
Travel..............................................24
Seminars and Courses.................................25
Office Automobiles— ............... o ......... o ....... 25
Certified Legal Intern Program .......................25
Clerks...............................................26
Library..............................................26
Office Deliveries ..................................... 28
Outside Counsel......................................28
APPENDIX:.........................4..................30
Time Sheet
Code Sample
City of Miami Travel Expense Approval
City of Miami Travel Reimbursement Request
91-
k�=
459
1i
CHAPTER III - OFFICE SYSTEMS
Assignments............................................31
Requesting "A" and "MIA" Numbers...'$.#..............32
Closing "A" and "MIA" Numbers ........................32
Legislation ................ 6...........................32
Litigation....................................6.......133
Requesting an "L" Number .............................33
Closing "L" Numbers..................................34
Contracts.............................................34
Handling and Completing Assignments ....................35
Tracking Systems.......................................35
Time -Keeping Tracking System (TKS)...................35
Litigation Tracking System (LTS)............... •::... 36
Contract Tracking System (CTS).......................36
Authorities, Boards, and Committees Tracking
System(ABCTS)....................................36
Legal Opinions System (MIA)..........................36
Assignment System(A)/(OA)...........................36
Legislation Log(J)..................................37
City Commission Action Follow -Up Log (C)............. 37
Legal Opinions.......................................37
CHAPTER IV - LEGISLATION
Procedure for Handling Legislation ...................40
The City Commission Agenda Packet....................42
Planning and Zoning Legislative Matters..............45
APPENDIX: ............. 47
"J" Log Assignment Number Sheet
Legislation Submittal Cover Memorandum
Legislation Transmittal Receipt
City Commission Agenda
City Attorney Pre -Agenda Review Assignments
Post -Agenda Assignment Summaries
City Clerk's Report (from city commission
meeting agenda)
CHAPTER V - LITIGATION
PrepleadingProcedure................................48
Pleadings............................................48
Obtaining Commission Approval of Tort
Settlements ................................... ..49
Final Summary Judgment and Final Judgment ............ 50
Obtaining Payment of Settlements or Judgments ........ 51
Reporting Judgments and Settlements..................52
Appellate Practice...................................53
APPENDIX: ...........................................55
Sample Resolution
Sample Tort Memorandum and Request for
Settlement Authority
iii
91 -- 459
N
3
n
i'
PRPAMALE
welcome to the City Attorney's Office. We are also
called the Law Department of the City of Miami. This manual
is prepared for all members of our staff -- attorneys,
secretaries, and support staff. It is expected that upon
k
commencing employment, this manual will be reviewed by all
and, if there are any questions, you are encouraged to ask
the office manager, the deputy city attorney, or myself.
The City Attorney's Office performs a service. Like
most law firms, we solve problems. Our clients look to us
to help them achieve their purposes and to resolve the
difficulties that they encounter.
Accordingly, it is important that we accept our
clients' problems and carefully avoid negativism. This is
not to say that we must accept the client's proposed course —
of action when legal complications might arise. It does
mean that we can and should attempt to find new courses of
action that will achieve the desired results within a wise
and prudent legal framework. In most cases, clients will
rim -
accept a reasoned alternate solution; in all cases, clients
will prefer that approach to a simple denial.
While we all prefer tasks that are challenging and that
test our creativity, a good deal of what we do is routine,
as is the case with most human endeavors. Yet, routine
matters are just as important as complex ones for the daily
operations of the city. With that in mind, we have prepared
the section entitled "Assignments" (ChapterIII), which
provides for completion of tasks within specified periods of =
time. As professionals, we must maintain our image as an
efficient, service -conscious department; the assignment
guidelines will contribute to the general efficiency of city
operations.
Al
"Y
z 91- 459
11:
To assist you, the following has been provided as a
checklist of all procedures during the first few weeks of
employment. Should you have any questions regarding the
matters discussed below, please discuss them with the Law
Department's administrative assistant.
1. Physical Examination, Drug Screening and
Background Investigation: The City of Miami requires that
every new employee undergo a drug -screening test, a physical
examination, and background investigation upon an offer of
employment, as a prerequisite to employment. The Department
of Personnel will schedule appointments, at a time
convenient to the new employee. The new employee must first
go to the Personnel Management Department, 1147 N.W.
Eleventh Street, to fill out forms and provide proof of
identification. For directions, call the Personnel
Management Department at 575-5020.
Pursuant to the City of Miami Commissions's directive,
all applicants who are interviewed and offered employment
shall, at their own expense, pay for the drug -screening test
before being processed any further. The cost of screening
is $15.00. If the screening results are negative, the city
will reimburse applicants for the cost of the test. If the
test results reflect the ingestion of illegal substances,
the applicant must assume the total cost, including the cost
of any test confirmation.
2. orientation: Each city employee must attend an
orientation at the Department of Personnel Management. The
purpose of this orientation is to familiarize you with the
pension and health insurance benefits offered by the City of
Miami. Each employee may elect the benefits he or she
desires. This session generally takes two hours. The
orientation session is scheduled through the Department of —_
Personnel Management by the administrative assistant.
3. tdent;fication Cards Each employee must obtain an
employee identification card from the South Substation,
Police Department, 2200 West Flagler Street. (Telephone
643-7160).
4. Resume: All attorneys must submit a current
resume to the Department of Personnel Management in lieu of
the application of employment that other employees are
required to submit.
5. City Attorney's Office PrQc The City
Attorney's Office procedures manual should be reviewed upon
the start of employment and periodically during employment
with the city. The rules and regulations in the procedures
manual must be followed, and employees are responsible for
maintaining a current copy.
6. Staff Hours: All secretaries and support staff
employees are required to work a seven and one-half hour
work day. Lunch must be taken between 12:00 noon and 2:00
P.M., and employees must take at least one-half hour, unless
there is an emergency. Permission must be granted by the
city attorney or the deputy city attorney to vary the lunch
period. A total work week of thirty-seven and one-half
hours is required of all employees. Other information
regarding employee hours may be found in the appropriate
section of the manual for work attendance, vacation time,
personal leave, and sick leave.
7. office SuoFlies: Office supplies are maintained in
the store room and in the stock cabinet. If you need
anything other than what is available in the stock cabinet,
please notify the administrative assistant. You will find
your desk equipped with a standard set of office supplies,
when you arrive in the department. To maintain uniformity,
hP
all staff members should utilize what is available in t
office. s
8. Attorney% ecretary RUM All attorneys are
provided topics for discussion with their secretaries. in
this chapter. These guidelines should be supplemented to
suit the particular desires of the individual attorney and
secretary.
9. Caveat: The caveat lists assignments ("A"
numbers), ongoing assignments ("OA" numbers), and legal
opinions ("MIAs") that are pending, with due dates and
status. The Caveat is printed biweekly.
10. Time Sheets Attorneys must fill out time sheets
for all their activities. Time sheets are kept on a
quarter-hour basis. The appropriate procedure is further
explained in the manual in chapters II and III.
11. Messenger Delivery: The City Attorney's Office
maintains messenger delivery service for all attorneys.
Emergency deliveries and pickups may be requested through
the administrative assistant. Use the delivery box in the
communications center.
12. Litigation: At times, attorneys incur expenses,
such as deposition fees, filing fees, travel, and service -
of -process fees. These invoices must be stamped "approved
for payment" and signed by the attorney handling the case.
Fill in the file number and forward the invoice to the
attention of the liability claims supervisor, Claims
Division. Invoices not relating to a Claims Division case
or that of another department should be given to the
administrative assistant for payment.
13. Office Lights: Lights in the office are
controlled by wall switches. At the end of the business
day, all lights will be turned off b the buildin t ff
y g s a
14. Parkinv: The administrative assistant is
responsible for arranging appropriate parking assignments
and the issuance of a parking card for this building. —
15. Continuing Legal Education/Office Travel• When
approved in advance, office travel may be reimbursed.
Chapter II in the manual explains the procedure to follow
when requesting airline tickets, reimbursement of funds, and
registration for courses and seminars.
-4- 91- 459
a
i'
CHAPTER I
The procedures set out in this manual apply to all
persons employed by or performing functions in the City
Attorney's office. These written procedures standardize
office practices and expedite the work of the office. They
are subject to review and will be revised, as required. It
is, therefore, important that all office personnel be
familiar with these procedures. We encourage constructive
criticism when the procedures fail to fulfill their purpose
or when new procedures must be implemented.
A new employee is hired for a probationary period of
six to twelve months; permanent appointment is made by the
city attorney.
Unclassified personnel, including all attorneys, serve
at the will of the city attorney. All personnel, except
attorneys, receive cost -of -living increases applicable to
city employees, as authorized by the City of Miami
Commission. In addition, all personnel not at the top of
the salary schedule are eligible for scheduled anniversary
increases, based on performance of assigned duties. The
criteria used in the evaluation of such performance include
the following:
-5-
1. Quality of work product.
2. Nature of responsibilities.
3. Efficiency in fulfilling assigned duties.
4. Ability to work and get along with others.
5. Attitude toward work.
6. Contribution to projects in the department.
7. Willingness to perform duties other than those
assigned.
For attorneys, annual leave accrues from the date of
employment through December 31, of the first year of
service, but cannot be taken until the following year. For
each year thereafter, annual leave accrued during the full
twelve-month period from January through December can also
only be taken the following year, after accrual. The
attorney may also take two additional "floating holidays"
each year.
1 year
2-5 years
6-7 years
8-13 years
14-17 years
18-22 years
11 days
1 additional day
annually
15 days annually
1 additional day
annually
21 days
24 days
For information regarding additional accrual beyond twenty-
two years of employment, contact the Labor Relations Office. —
Unclassified and civil service employees are allowed
different annual leave time, depending on the. category of
the particular employee. To determine annual leave, contact
the Labor Relations Office.
91- 4a9
-6-
. >:eT
Sick leave is a privilege, not a right, that was
instituted by the city for the benefit of the employee.
Employees are encouraged to accumulate sick leave to protect
against the possibility of serious or long-term illness. No
sick leave with pay shall be granted during an employee's
initial ninety (90) working days. Upon completion of ninety
(90) uninterrupted working days, employees accrue thirty-two
(32) hours sick leave.
Sick leave is cumulative from year to year. Employees
are credited with sick leave at the rate of eight (8) hours
per month, providing the employee is in a "with pay" status
at least fifteen (15) working days in the month.
Once an employee accumulates thirty-seven and one-half
days (300 hours) of sick leave, one-half of the yearly sick
leave ninety-six (96) hours that remains unused is added to
annual vacation leave; the remainder is added to sick leave.
If eligible, an employee may participate in the city's
Sick Leave pool which is designed to assist those members of
the pool who are stricken with life -threatening non -duty
illness or injury so as to issue income not to exceed a
maximum of two (2) years.
Effective March 1, 1991, APM-3-91 established a city-
wide Sick Leave Committee and Departmental Sick Leave
Committee. In an effort to reduce abuse of sick leave by
employees, the Departmental Sick Leave Committee is
empowered to investigate and research sick leave usage of
any employee whose career sick leave usage is greater than
50% and/or whose annual sick leave usage has been more than
forty (40) hours. The committee is authorized to implement
specific corrective measures where action is deemed
appropriate. A decision of the Departmental Sick Leave
Committee may be appealed to the city-wide Sick Leave
Committee.
All employees of this department are designated as
managerial/confidential. The official office hours are from
8:00 A.M. to 5:30 P.M. All secretaries and support staff
are expected to work their assigned hours and to report
timely to their work stations.
All secretaries and support staff are required to work
a seven and one-half hours day; they must also take at least
a one-half hour lunch break. Secretaries and support staff
may elect one of the following work schedules:
7:30 - 3:30 (1/2 hr. lunch)
7:30 - 4:00 (1 hr. lunch)
8:00 - 4:00 (1/2 hr. lunch)
8:00 - 4:30 (1 hr. lunch)
8:30 - 4:30 (1/2 hr. lunch)
8:30 - 5:00 (1 hr. lunch)
9:00 - 5:00 (1/2 hr. lunch)
9:00 - 5:30 (1 hr. lunch)
All work schedules must be coordinated with the
supervising assistant city attorney and/or deputy city
attorney to accommodate the needs of the attorney and those
of the office.
Tardiness shall be regarded as reporting to work in
excess of five (5) minutes beyond the scheduled starting
time of the assigned work period. This shall D= be
applicable to those employees who are job -basis. Should an
employee report to work within a period that is more than
five minutes beyond the scheduled starting time, and without
acceptable excuse to the administration of the department,
he/she shall be regarded as tardy and shall be given written
notice of the occurrence of tardiness. The employee shall
raup deducted all time for which he/she was tardy.
If there have been seven (7) occurrences of tardiness
within an annual period, said annual period to commence upon
-
the date of the first occurrence of tardiness, the employee
y
,SiWC 4
shall be advised in writing that two additional occurrences
of tardiness in the annual period may result in suspension
or dismissal.
The receptionist must record arrivals and departures of
all personnel and visitors. When the switchboard is not
open, each person is responsible for signing in and out at
.'-
the reception area. Anyone entering or leaving the building
between 7:00 P.M. and 7:00 A.M. or on Saturdays and Sundays
is required to sign in and out in the log book kept by the
Amerifirst building security on the ground floor.
Punctuality is expected of everyone, every day.
Illness, inevitable lateness, and other such matters should
be reported to one of the administrative assistants, as soon
as possible.
All attorneys are to keep their secretaries advised of
their schedule and whereabouts, including telephone numbers
where they may be reached on out-of-town trips. The city
F
attorney may always be reached through his secretary or the
-'
administrative assistant. All anticipated absences,
including vacation, shall be approved as follows:
-F
For Secretaries and Support Staff:
1. Supervisor's signature
r_.
2. Initialed by the deputy city attorney
3. Signed by the attorney
`}
For Attorneys:
1. Signed by the deputy city attorney
s
2. Signed by the city attorney
r „z
Vacations and other expected absences should be
scheduled to the concurrent absence of the attorney and his
or her secretary, as well as concurrent absence of the
attorney and his or her understudy for particular
�
assignments. (See Appendix for Request for Leave form).
-9- 91-- 459
Should an emergency situation arise which requires
secretarial or clerical services beyond the regular work
day, the assistant city attorney requiring such services
shall timely contact the deputy city attorney who may make
utilization of job basis personnel to perform the services
needed. As it is understood that emergencies can arise,
attorneys are encouraged to plan their work and projects in
advance of deadlines to avoid emergency situations.
This is a professional, public office. Accordingly,
all personnel should observe rules of etiquette and the
decorum customary for law offices. Please be considerate of
others at all times.
The City of Miami Commission and city departments and
offices are our clients, and they are to be treated as such.
It should always be remembered that the primary purpose of t
our department is to solve our clients' problems and that
our clients look upon us as problem solvers. our dealings
with clients should therefore reflect our concern, care,
ingenuity, and enthusiasm for helping them.
All visitors must sign the log at the reception desk
and be escorted to the office of the person whom they are
here to see. It is impermissible for anyone who is not a
staff member of the City Attorney's office to walk
unescorted through this office. All visitors should be
offered coffee, tea, or soft drinks and otherwise be
extended every courtesy.
The office should be clean and neat, reflecting
consideration for the environment that we share. The
furniture, fixtures, and equipment should also be treated
with care.
-lo- 91 459
{a;
F
I
The attorney must discuss hours, schedule, and lunch
times with the legal secretary. The secretary must also
know what is expected in terms of work load, the attorney's
work pattern, habits, priorities, and other particular
needs. Attorneys must always leave telephone numbers where
they expect to be, when out of the office, so that the
secretary can reach them. Attorneys should stress the
importance of keeping an appointment book, and make sure
that the secretary has read the office procedures manual.
An optional "daily caveat" system is available for use
by any attorney who wishes to maintain an individual
"tickler system". Inputting of information and maintaining
same shall be the responsibility of the attorney's
secretary. Accordingly, the attorney must explain the
"tickler system" and docketing to the secretary should the
attorney wish to utilize such system. The attorney should
establish a format for letters, explain time -keeping, and
maintain a project book for assigned projects. The attorney
should also explain how he or she wants files kept. Last,
the attorney should be helpful and courteous.
The work product of the City Attorney's Office must
meet the highest standards of preparation. All writing,
whether intended for in-house circulation or for
presentation outside this office, must follow recognized,
standard spelling, grammar, and usage. No documents may
contain typographical errors or corrections. Every paper
typed in the office must bear the typist's initials.
Before any legal opinion is presented to the city
attorney for signature, it shall have been read by the
assistant city attorney responsible for appeals.
91- 459
�tTMENT OF LAW
ekly payroll period from
to request leave as follows:
ion with pay: days, from
I Time Off: days, from
dy Holiday:
ADMINISTRATIVE DIVISION
i
thru '�
tivu +
thru
I do want advance pay.
Approved by
APPROVED:
City Attorney
91 459
CHAPTER It
When the city attorney cannot be consulted regarding
any matter requiring his immediate approval, the matter must
be presented to the deputy city attorney, who shall, in his
discretion, act on behalf of the city attorney or defer
taking action.
When the city attorney anticipates being absent or
unavailable, an acting city attorney shall be designated to
act for the city attorney, and said acting city attorney is
A. Quinn Jones, III, unless otherwise designated. In the
event the city attorney and the deputy city attorney are
both unavailable, Chief Assistant City Attorney Albertine B.
Smith will be responsible for the operation of the office,
and, at her discretion, she may act on behalf of the city
attorney or defer taking action.
Monthly Meetings
There are to be monthly meetings of all attorneys in
the conference room, unless otherwise specified. An agenda
for each meeting will be distributed the morning of the
meeting. Anyone wishing to have an item placed on an agenda
should so advise the secretary of the city attorney at least
twenty-four hours before the meeting.
The purpose of attorney meetings is to discuss matters
of common interest; to acquaint all attorneys with the work
-13-
I
being done by the department as a whole; to review
contemporary legal opinions, successes, and failures; and,
generally, to promote teamwork and camaraderie among the
legal staff.
There will also be meetings from time to time of the
nonlegal staff, as necessary, for generally similar
purposes.
r
xz
Client List
Adhoc Minority Advisory Committee for the
Miami Arena
ACM
Affirmative Action Advisory Board
AAB
Amphitheater Advisory Council
AAC
Art in Public Places Committee
APP
Audit Review - WASA
ARW
Bayfront Park Management Trust
BPT
Bayside Minority Foundations
BMF
Budget
-
BGTBRC
Budget Review Committee
Building and Zoning
BDZ
City Clerk
CCK
City Manager
CMG
City of Miami Youth Advisory Council
YAC
Civil Service Board
CSB
Claims
CLM
Code Enforcement Board
CEB ;-
Commission
COM k
Commission on the Status of Women
CSW
Committee on Ecology & Beautification
CBE } `
Committee on City -Wide Affordable
Housing Trust Fund
HTF
Community Development
CMD
Community Development Advisory Board
CDB
Computers
DOC
CVB
Conferences and Conventions
D
Development
DOS -`
DOSP
Downtown Development Authority
DDA
Downtown Waterfront Master Plan
DWA
Implementation Advisory Committee
a Task Force
East Little HavanSLW
ELH
Environmental Services (Solid Waste)
Finance
FIN
,D
Fire
Fire Fighters' & Police Officers
ORT —
Retirement Trust
General Services Administration
GSA
E
Grove Festival Committee
GFC
HFA
Health Facilities Authority Board
HCB
Heritage Conservation Board
HOU
Housing
Housing Conservation and Development
Advisory Board
HCD
IFB
^'kry
Impact Fee Board
Interim Exhibition Center Committee
IEC
°
International Trade Board
ITB
ITA
Nth`
Internal Audits and Review
LBR
t
Labor Relations
Large Scale Development Board
La
LDB
- -
s'
v
Jr`
91 45s
}
t g
}
e
Y
k}x
Y
a
c �
re
r'-------------
{fit
Latin Quarter Review Board
LQR
Law
LAW
Liberty City Educational Center Committee
LCE
Little Havana Community Development
Advisory Board
HCD
Mayor
MYR
Miami Audit Advisory Committee
MAA
Miami International Festival Advisory
Committee
MIF
Miami River Coordinating Committee
MRC
Miami Sports and Exhibition Authority
SPR
Miami Waterfront Board
MWB
Minority Women's Business Affairs Office
MIN
Office of Management Audits
OMA
Office of Professional Compliance
OPC
Overtown Advisory Board
OAB
Personnel Management
HRD
Planning Department
PLN
Planning Advisory Board
PLB
Plat and Street Committee
PSC
Police
POL
Public Facilities
PUF
Public Works
PWK
South Florida Employment & Training
Consortium (Private Industry Council)
PIC
Stadium Facility Use Committee
SFU
Urban Development Review Board
UDR UDR
Vis
visions 2000 Committee
WLii
West Little Havana Task Force
ZBD
Zoning Board
-16-
t�C
Reassignments are made by the deputy city attorney and
are to be recorded in the appropriate log in the same manner
used to record original assignments. when a matter is
reassigned, the attorney formerly responsible for the matter
must inform the newly assigned attorney of its status, the
deadlines, and the prior contacts with the client.
Claims by or against the city that can be settled for
less than $4,500 can be settled by the city attorney without
City of Miami Commission approval. Claims exceeding $4,500
require commission approval. No representations are to be
made to opposing parties or counsel concerning anticipated
commission action. Attorneys should consult Chapter V of
this manual.
Absent extraordinary circumstances, all claims or cases
in litigation must be settled through the Tort Committee,
composed of the investigator who handled the case, the
attorneys involved in the torts division, and the city
attorney. A memorandum explaining the nature of the case
and the reason for the settlement must be included in the
file.
Additionally, claims that require commission approval
must be detailed in a memorandum explaining the nature of
the claim and the reason for the settlement, and the
memorandum must be accompanied by an appropriate resolution.
-17-
91- 459
M
I
All files should be kept in a neat, orderly fashion and
labeled properly, so that others may be able to identify the
files, answer questions, or perform needed work. The label
should contain the name of the file, the attorney's
initials, and record number, such as%
Claude Pepper Fountain
A-8900446, (AVL)
Documentation in the files should be in chronological
order. If the file contains many types of documentation, it
is suggested that a gray six -partition folder, rather than a
regular manila file, be used, and that the documentation be
categorized (correspondence, memoranda, contracts, releases,
etc.). If additional files are needed, an accordion file
should be used to store all related files.
All litigation cases should be kept in a gray six -
partition folder. Each partition should be titled as
follows: "correspondence," "memoranda," "notices," "motions
& responses," "orders," and "pleadings." Notices,
responses, orders, and pleadings should be tabbed.
Designated file colors are as follows:
Green --
Cost File
Blue --
Depositions
Yellow
-- Investigative File
Pink --
Request to Produce
Orange
-- Interrogatories
Red --
Medical Records
All files should be kept in an accordion file and
properly labeled. The gray six -partition folder label
should contain the name of the case, the att:orney's
initials, and the "L" number, such as:
LT-8900123
Ethel Brown vs.
(LMF) 89-1234-CA-06
First National Bank
-18-
The colored files should be labeled, in the following way:
"Cost File," Ethel Brown Vs. First National Bank.
Record Retention
It is the policy of the department that no document be t
retained inside the department, unless it is related to an
ongoing matter or unless it can reasonably be expected to
become necessary or useful in connection with a future
matter. Documents required by law to be retained are to be
kept in dead storage, in marked boxes.
4
In applying that policy, please bear in mind the
following:_
1. Most of what you are likely to keep someone else is
already keeping, and can supply it to you. This is
especially true of the Clerk's office, which keeps all
legislation and transcribes all commission meetings.
2. To the extent that we must keep documents or
things, such as litigation files, unnecessary duplications
and copies of cases should be discarded. All documents
belonging to a client should be returned to the client with+
a brief cover memorandum.
3. There is no reason for this department to retain
original records. Releases and contracts, for example,
should always be sent to, and retained by, the client.
4. No evidence to be used in court should be retained
by this department. We are not equipped to safeguard the
evidence, and we may involuntarily become witnesses -at trial
concerning the chain of custody.
5. Photocopying is expensive and should be done only
when truly necessary.
The administrative assistant will make available any
administrative or personnel records upon the request of an
employee. If the administrative assistant is unavailable,
the secretary to the deputy city attorney will assist the
employee who is requesting information.
Although the City Attorney's office is a public law
office, no Law Department employee or other City of Miami
employee shall go through file cabinets, files, or offices
other than those that have been assigned to that individual,
without first formally requesting or notifying the person
assigned to, or responsible for, the particular area of the
office.
The switchboard operator will determine the general
subject matter of a citizen's call and will then transfer
the call to an appropriate attorney, identifying the call as
a citizen call. For areas in which more than one attorney
is familiar, the switchboard operator shall attempt to
distribute the calls, on a rotating basis.
For time -keeping purposes, citizen calls are to be
charged to the applicable department, office, or person as
the "client" and to "telephone conference" as the work code.
All attorneys shall be responsible for responding to citizen
calls. It is important that every citizen call be promptly
and courteously answered.
-20-
lephone Calls
The telephone should be used during business hours for
j
business matters, except when otherwise necessary. All 4
long-distance business calls made to Suncom numbers are to
be placed through the Suncom network. Calls to the local
directory assistance for information must not be made
without first determining that the listing does not appear
in the telephone directory.
The form below should be used when making a personal
long-distance telephone call or a business call that cannot
be completed on the Suncom network. Access lines are
unavailable for accessing non-suncom network long distance
calls. The completed form is to be sent to the legal
services aide, after the call is made. Please indicate in
the space provided the client and matter to which each call
relates. Indicate a personal call in the same space.
ciTY OF HIA14I LAW DEPARTMENT
LONG DISTANCE PHONE CATJ, REPORT
DATE:
NUMBER CALLED:
CITY:
NAME OF PERSON CALLED:
TIME ON/OFF:
CLIENT/MATTER _7M
(Indicate "Personal when appropriate)
Signature
Telephone Calls
The telephone should be used during business hours for
business matters, except when otherwise necessary. All
long-distance business calls made to Suncom numbers are to _
be placed through the Suncom network. Calls to the local
directory assistance for information must not be made F'
without first determining that the listing does not appear
in the telephone directory.
The form below should be used when making a personal
long-distance telephone call or a business call that cannot
be completed on the Suncom network. Access lines are
unavailable for accessing non-suncom network long distance
calls. The completed form is to be sent to the legal
services aide, after the call is made. Please indicate in
the space provided the client and matter to which each call
relates. Indicate a personal call in the same space.
Photocopying
Photocopying is expensive; we are charged for every
copy made above a certain number. Photocopying entails such
costs plus time and materials, and it contributes to our
record -retention problems.
Accordingly, photocopying is to be done only when
reasonably necessary. No volume photocopying is to be done,
except under the most exigent circumstances. If a city
department or office wants to photocopy a file from our
department, the file should be sent to that department or
office to be photocopied and then returned. Photocopying
cases should not substitute for reading cases in books.
Outside parties will be charged $-15 for one-sided
photocopies and $.20 maximum for two-sided copies. All
payments received should be in the form of a check,, when
possible, and the check should be made payable to the "City
of Miami" and be given to the administrative assistant to
deposit in the appropriate office account of the City
Attorney's office.
ostage and Mailing
All mail should be placed in the mail room for affixing
postage and for delivery to the United States Postal
Service.
Special deliveries and courier service should be used
only when necessary to guarantee timely arrival. The clerk
II may be requested to deliver items in the downtown area.
The legal services aide makes deliveries
to locations
outside the downtown area. Any emergency pickup or delivery
must be arranged through one of the administrative,
assistants.
91- 459
All interoffice deliveries must be made in the special
envelopes provided for such purposes.
pQt-ty Cash
The petty cash fund is for small, incidental purchases.
such as
It is not intended to be used for expensive items, cash
filing fees. When a purchase is made from the petty
fund, a receipt for the purchase must be given to the
administrative assistant, who administers and is ultimately
responsible for the petty cash fund. All purchases must be
approved by the deputy city attorney or the city attorney in
advance, except in emergencies.
flenvnl i nn Pa_U@r
The office paper -recycling program allows City of Miami
employees to participate in the national recycling effort.
Each employee will be provided a desktop box for disposing
recyclable materials,
such as white ledger paper and
sheets. The front
computer printout of the recyclingose which
provides a list of other recyclables as well as full, the
cannot be recycled. When the desktop box is d in
n the central container loc
employee should empty it iate
the designated area of this office.
Tame AQM=t inQ
torne s, law clerks, and legal interns must complete
At Y
daily time sheets. (See the Appendix, for a sample form.)
The legal secretaries will enter this information into the
T g data entry for
computer using the computer's time -keeping
F 459
-23- 91-
The input is to be done on a daily basis; if, for some
unforeseen reason, the secretary is unable to enter the
time -keeping on a daily basis, every Friday, before the
secretary leaves for the day, all time expended through that
Thursday should be entered.
Travel
All travel must first be approved by the deputy city
attorney and city attorney, based on need and budgetary
feasibility. A memorandum explaining the necessity for the
travel, including any additional relevant materials, should
be prepared for approval. Before any employee travels
outside the city, a travel expense approval form must be
completed. This form should be filled out even if the
traveler is using his or her own vehicle. (If the traveler
decides to use his or her own vehicle, the city will only
reimburse for mileage up to the amount that the least
expensive airline ticket to that city would cost.)
If the traveler plans to use an airline, the traveler
should make reservations and then list all flight
information on the travel expense approval form.
The city will not advance money for hotels, car rental,
or meals. The completed travel expense approval form should
be submitted to the deputy city attorney. After the deputy
city attorney has approved the form, it is submitted to the
city attorney for signature, and is then submitted to the
administrative assistant. The traveler will receive airline
tickets in advance of the travel date.
If a registration fee is required for seminars or other
courses, a request for payment should be submitted by using
the appropriate direct payment form.
There are two twenty-four hour vehicles assigned to the
Law Department. one is assigned exclusively to the office
messenger. The other vehicle may be used, depending on
availability, by making a request to the deputy city
attorney. Individuals who receive monthly car allowances
shall not be entitled to use the vehicles assigned to this
department.
In any event, unless the employee possesses a valid
Florida driver's license, he or she may not drive a city
vehicle.
The City of Miami Attorney's office has a Certified
Legal Intern Program with Nova University Center for the
Study of Law, the University of Miami School of Law, and St.
Thomas University School of Law. The office strives .to
provide the students, classified as certified legal interns,
with an intensive program that enables them to work closely
with one attorney in a particular area of law. The purpose
of the program is to provide the students with an accurate
impression about the working day of an assistant city
attorney.
The office assigns one of its attorneys as director to
organize the program. The director is the liaison between
-25-
91- 459
k t,
t
;
the City Attorney's Office, the law schools, and the
students. The office attempts to place each student with an
'
attorney that practices in an area of law in which the
student has an interest. Students are encouraged to attend
i.
hearings and administrative proceedings, p rovided that the
t
'
i
supervising attorney files written approval with the court
or board.
At the beginning of each semester, the students attend
.y�t.'..
an orientation at the City Attorney's Office to learn office
'
procedures. The students are evaluated by their supervising
€`
,
attorney and given a pass or fail grade at the end of each
x
•N:_
v e.
se mes ter .
s.
clerks
The City Attorney's Office employs summer law clerks
schools throughout
representing various law the United
States for atwelve-week period. Law clerks are compensated
in accordance with a sliding scale, based on whether the
individual student is a first, second, or third -year
student. In addition, the office. provides parking, as part
of the total compensation package.
It is the desire of the city attorney to afford each
s
`
summer law clerk the opportunity to be exposed to all areas
of practice within the office. The deputy city attorney
serves as the supervisor for the clerks and makes all work
s..',
assignments.
i hra ry
- -
-
µ'
5xf
The City Attorneys Office houses a complete municipal
legal research system which has, at its base, a library of
_
more than ten thousand volumes. These books cover subject
'
-f
x
•ty!_
�f.[.
-
-as- 91- 459_
r
matter in the areas of local government, torts, land use,
commercial transactions, law enforcement, workers'
i
compensation, labor law, legal procedure, and other areas of
municipal law, in addition to complete Florida and Federal
Reporter systems and statutes. —
Our library also makes available continuing legal
education audio and video tapes and production equipment.
Our research facility includes the very latest in
computer -assisted legal research capability, the Westlaw
Walt II. This system should only be used when time is of
the essence, and manual research would result in
unacceptable delay.
The upkeep of the library is the responsibility of the
legal services aide. However, the following rules must be
observed by all staff members:
1. Individual attorneys are not authorized to order
research materials. All requests for books or tapes should
be routed through the division chiefs for comment before
requests are submitted to the attorney in charge of the
library. Each request evaluation will be based on budget
requisition history for that fiscal year.
2. Books must be stored on their proper shelves.
3. The legal services aide shall be apprised of any
need to remove materials from the office, before removal.
4. Audio and video tapes may be checked out from the
legal services aide.
5. All books should be reshelved immediately after
use.
The cooperation of everyone is needed to assure that
the library is maintained for immediate and convenient use.
rA
Nk".
P
Office Deliveries
Generally, Legal Services Aide Waldo Puente goes to
City Hall mid -morning and mid -afternoon, and is available
for nonroutine pickups and deliveries, under the direction
of the administrative assistant. The services of Clerk it,
Guillermo Rubio, may be requested for deliveries in the
immediate vicinity and general downtown area. only in a
valid emergency should a secretary be assigned to act as a
messenger in the downtown area. Routine pickups and
deliveries should be given to the city messenger (who is not
the Law Department messenger) handling interoffice mail.
The services of the messengers are to be used with due
regard for the needs of others and for the expense
associated with requesting separate trips that could be
combined.
Outside counsel
Please be advised that the following procedures must be
followed when retaining outside counsel:
1. An engagement letter must be prepared outlining scope of
duties and rate of pay. This letter must be signed by the
city attorney and the appropriate representative from the
Law firm being retained. (See Appendix for Engagement
Letter form).
2. If the attorney's fees and costs are going to exceed
$4,500, a resolution must be prepared and adopted by the
City commission authorizing retention of services and
payment therefor.
3. All invoices must be approved by the assistant city
attorney monitoring the case by executing the attorney's
signature on the invoice with an 'Approved for Payment"
stamp- The invoice will then be forwarded to the city
attorney for approval of payment.
91- 459
_28-
F-
4. The assistant city attorney shall maintain a file, and
monitor the case for which outside counsel has been
retained, to insure proper billings and verification of 4
professional services rendered. it shall also be the
responsibility of the monitoring attorney to insure that the
agreed upon fee has not been exceeded and is consistent with
the amount authorized by resolution for the retention of
professional services.
5. A copy of the engagement letter and resolution is to be -
given to the office manager as soon as both have been
properly executed, or passed and adopted in the case of the
resolution. All original invoices are to be given to the
office manager after they have been approved for payment by
the monitoring attorney and the city attorney. The office
manager, upon receipt of approved invoices, shall forward -
same to Risk Management for payment.
6. It shall be incumbent upon the monitoring attorney to
notify the Risk Management Administrator when outside legal
counsel has been retained. This will allow the opening of a
claims file and the setting of proper reserves to cover said
costs and expenses associated with the retention of outside
counsel.
APPENDIX:
OFFICE PROTOCOL AND ADMINISTRATIVE PROCEDURES
t1,
-30-
F,
_ - . - .. ------------------------------- .
- ----- - - - - - - - - - - - -- ---------- - -- - -
------------------- TIME
• ----- COMMENTS-
RECORD CLIENT WORK
..,. rnne (maximum 125 characters) HbURS MINUTES
Am - Staff ntq/Adulnlstrative Matters
FP
CAP - Court Appearance
CR
CON - Conference
CD
Dap - Deposition
DtC - Dictation
D!T - Drafting
Doc - Oocuusseent Review
Ulm CODES
fin - riie Review
LGP - preparation of Legislatlon
Lcn - itesier of Legislation
MTG - Meeting
PRO - prepsratibn (for Deposition)
pith - preparation ( for Hearing)
pith - preparation (for !Meting)
PitT - preparation {Ear Trial)
RES - Research
SEn - Se.inat
TEL - Telephone Conference
TRV - Travel
Mu - Other
k
CITY DEPARTMENTS
Budget
Building and Zoning
City Clerk
City Manager
Claims
Commission
Community I)evolol)ment
Computers
Conferences 16 0111voill ieNls
Development
DOSP
Downtown Devele)pmeent Aeth-
Finance
Fire Department.
General Survi/-1!:. Adnlin.
Housing
Internal Audits a Review.
Labor Relations
Law
Mayor
Miami Spurts i Exhib. Aat.h.
Minority Women's Aff.
Ofc. of industrial Eng.
Ofc. of Management Audits
Personnel Management
Planning Department
Police
Public Facilities
Public Works
Solid Waste
III IAIt115 : I:IIMM 1'1"1'k t::i
BGT
Adhoc Minority Advisory Committee for
BDZ
the Miami Arena
CCK
Affirmative Action Advisory Board
CMG
Amphitheater Advisory Council
CLM
Art in Public Places Committee
CON
Audit Review - WASA
CHO
Bayfront Park Management Trust
DOC
Bayside Minority Foundation
CVB
Rudget Review Committee
DEV
city of Miami/lIniversity of Miami
DOS
James L. Knight International
DDA
Center Advisory Committee
FIN
City r)f Miami Youth Advisory ('01'sWil
MFD
Civil Service Board
GSA
Code Enfore•eme•nt Board
(IOU
Commission an the States of Wumen
ITA
Committee on Ecology i Beautification
LBR
Vai) ittee min City -Wile Affordable
LAW
(lousing Trust Fund
MYR
1'o munity Development Advisory BI)jiel
SPR
Downtown Waterfront Master Plats
MIN
Implementation Advisory Committee
OLE
East Little Havana Task Force
UMA
Fire Fighters' i Police Officers'
HRO
Retirement Trust
PLN
First Source Agreement Advisory Cam.
POL
Grove Festival Committee
PIIF
Health Facilities Authority Board
PWK
Heritage Conservation Board
SLW
Housing Conservation and Development
Aelvise)ry Board
• Tit is /:1i0111 e:eHi)e.Iitit. is In" t-) In' 4*4In:;jle•ILeat aII-IIP'111SIV/'.
ACM
AAB
AAC
APP
ARM(
OPT
DMF
IINC
IIMI:
YAC
CSB
1'F11
CSW
CBE
IITF
CVA
DWA
E 1.11
ORT
FSA
GFC
UFA
IIC B
IlCD
Impact Fee Board
Interim Exhibition Cntr Com
International Trade Board
Large Scale Development Board
Latin Quarter Review Board
Liberty City Educational Cntr Cow
L.Ittie Havana Community
Development Advisory Duard
Miami Audit Advisory G)mmitterr-
Miami International Festival
Advisory Committee
Miami River Coordinatinei I:Um
Miami Waterfront Board
office of Professional
Compliance Advisory C-Unui t 1 ea
overtown Advisory Board
Planning Advisory Board
Plat amid Street Committee'
South Florida Employment 6
Training Consortium (Private
Industry Council)
Stadium Facility use Committee
Ilrban Development Review Board
visions 2000 Committee
West Little Ilavana Task Force
Zoning Board
IFS
IEC
ITS
LO@
WR
LCE
IICD
MAA
"IF
MAC
HUB
OPC
OAS
PAS
PSC
PLC
SFU
UOR
VIS
MIA
ZOD
4`
Z' Y _
drt.-
Q
4; .
City Of Miami
TRAVEL EXPENSE APPROVAL
NCE; Administrative Pollc Nos. 1-77 and 2-85
_ _ FL Sales Tax No: 04-00083-08-23 -
(!I Expense Approval NO(s). and Amount(s):
TA A - $
-
TA E S
2. This travel request is for. ❑ Employee
❑ Other (specify):
Title (held or applied for):
3. Name:
5. Department
Division:
:J6.
7. Mailing Address:
8. Purpose:
9. Destination From:
10. Destination To:
- 11. Date of Departure: 111 2. Date of Return: 13. Working Days Absent: 14. Estimated Mileage:
15. ethod of ravel:
❑ Public carrier other than airline. Specify typ a and cost
❑ City Vehicle (Skip to #18)
(Skip to #18)
❑ Private Vehicle (Skip to k17)
❑ Airline com late #16; skip to #118
Departing Returning
-
16.
a. Name of Airline
_—
Air b. Initial flight number
Travel c. Fare Basis Code
--
Data d• Air fare (If single round trip fare,
enter once)
ugpp REIATiON USE ONLY
•�
17. a. Car allowance recipient?
❑
First 50 miles not to be reimbursed .
❑ No Yes
Private b. Justification:
Reimbursement limited
Vehicle
to S
Data
(Attach proof
Authorized Signature
of
-
insurance)
Date: I
19. Total estimated expenses for this trip (including
lodging, meals, seminar costs, etc
18. Account Codes) to be charged:
transportation,
41
❑ Employee will be absent more than 5 working days.
= 20. Reason for travel advance request
❑ Employee's annual salary is less than $28,000.
❑ Travel expenses are unusually high.
-
22.
Date Check Needed By: 23. Employee NO:
—
21. Amt. of Advance Requested:
t
25.
24.
Ci Mana e,•/Finance Director,
Date
De artment Director/Deli nee c ies to the City Mana9sC° - R°t°'in a phFtocaPY•
Cityngl; Ca�nartl - Issuing DeparbnMt, 9 1 -- 459
t+tfftile and Canal c
�«
Route ance (Accounting);
AC 203 Rev. 11 /88 Fk�al��
City of Miami
TRAVEL REIMBURSEMENT REQUEST
INSTRUCTIONS: 1. This loan must be preceded by the protxnln9 of the Travel Expense Approval form.
2. Forward this form to Finance Daat (ExpendNure Conhop immedlatety aRrx the itlp N OOmDf�ted•
3. Attach all expenditure receipts w this form.
1. Travel Expense Approval No: 2. This request is for.
Cl Employee - ❑ Other
6. Division:
of Travel:
�! 9. Destination! From: To:
10. Conference Date(s): 11. Date of Departure: 12. Dab of Return:
From: To:
13. Charge to Account CodeW 14. Project No:
i
I
15. Plane Fare (Tax Exempq S
18. Other rier
Public Car =
17. Car Mileage miles .20 cents :
18. Hotel Room s
19. Toth Transportation/Hotel Expenses =
ir2k):
s _
): - _
e): 23. Total Meal ExPenasa Smeal cat reprgoents more
than one person. *WM expleM:
i
i
25. Banquet =
21111. Rspistratfon =
27. Taxi or Umous" Service =
28. Car Ranttl =
29. Tips
' 30. Mlec. Expenses OWIllsak S
31. Told Other Expenaaa S
(sum sum of lingo 19. 23 and 31) _
32 Tots1 Travel Expen _
33. Amount Advaraed (M applicable)
NOTE Subtract line 33 from fit* 32. If amount is POWUM complab
IIM 34. it negative, oo laM line 38. _
34. Not Amount Due 10 Traveler =
31L Funds Overpaid by CRY =
chimed herein were paid by me, are true and txxrstst and In accordl with Administrative
i 361 policy Nog, / 2-61L
�D"
= nature of Trawler
I 37.
Dspartrnant Director/Ossi9ngo
pale Expenditure Control Dsa
Finance t U C1n
Director of Finance/Dgo1pnw Date ' 91
Vendor
C FN/AC 204 Rue. 8189 OMT1uMiT101k Ms • FMnna Depe�nU Career! - 459
1h �h
-
y
a �
CHAPTER III
nxFICE
SYSTEMS
y
Y
h:
y
All work performed by an attorney is categorized
by one
-
of
the following classifications:
,.z.
1.
Ongoing Assignments ("OA") -- all items that are
ongoing
in nature that require legal analysis.
2.
AsQignm_ents ("A") -- all items that require legal
analysis, not covered by another letter category.
'
3,
L gal Opinion ("MIA") -- specific requests for
a legal
t
opinion from the city manager or a commissioner.
-
4,
�g$islation ("J") -- a resolution or ordinance.
5,
Liti-gation ("L") -- general litigation; a
second
alphabet following "L° denotes the specific
area of
litigation, as noted below:
,.
B -- Bankruptcy
C -- Collection
E -- Eviction/Ejectment
F -- Foreclosure
>-
K -- Contracts/Commercial
L -- Labor
T -- Torts
p -- Pornography
Z -- Land Use
,_.
w __ Workers' Compensation
Following
the designated letter(s), there are the last
two digits of
the calendar year and the sequential record
number of the
as within the category. A-8900345
indicates an as number 345 in 1989; MIA--8900654
denotes a legal opinion, number ear1989•
645, in calendadr�yits,of
,...,
Contracts
are designated by the last two g the
followed by the sequential record number and
calendar year,
initial
of the last name of the assigned attorney.
by the
-31- 91 459
3,
Y
t
5
.7y,�35?
rti .
All assignment designations apply without exception,
including matters not previously designated and including
matters originating in the City Attorney's Office, such as
suits instituted on behalf of the city.
Requesting "A" and "MIA" N mbers% All secretaries will
be responsible for issuing "A" and "MIA" numbers for the
attorney assigned to the particular matter. Once the number
has been issued, the attorney will receive a form titled "A"
or "MIA data entry." This information has been entered into
the database. The "record number" is the number assigned to
the matter. The "date due" will also appear (e.g., ten-day
response). There is also space for those who want to add
"comments."
closing "A" and "MIA" Numbers: To close the number,
indicate on the "A" or "MIA" data entry form the date on
which the file is closed. Give the administrative assistant
responsible for the information systems the original and
place a copy in the file. For "MIAs," two executed copies
of the legal opinion should be attached to the data entry
F
form.
r s t at i on
fit
All proposed resolutions and ordinances must bear a "J"
number for internal identification.
The legislative
coordinator will enter a "J" number on the
top left �orner
{-
H
of the title page or on the transmittal
memorandum (if no
x
title page is available).
h
Legislation numbers are kept in
a folder in the
t.
4
legislative coordinator's office. The
folder contains a
S
91-- 459
'
- 3 2 -
4
_
r�
6
's:`:A
sheet with a list of numbers, followed by a blank space.
When a number is used, the initials of the assigned attorney
are placed next to the number. A copy of the title of the
legislation with the "J" number, attorney's initials, client
department, and date are placed on the left side of the file
folder. (See Chapter IV procedure for handling
legislation.)
When a new litigation case is received or is instituted
in this office, a litigation "L" number is issued, and other
pertinent information is entered into the Litigation
Tracking System ("LTS") by the administrative assistant.
geQ�8."L" Number: An "L" number request form
and a copy of the summons and first page of the complaint
must be submitted to the administrative assistant.
The "L" number request form will ask for the following:
1.
2.
3.
4.
5.
The name of the attorney handling case.
The client -- the department that this office
is representing. (Refer to department code
listings in this chapter or on the reverse side
of the time -keeping sheets.)
The reserve amounts -- bodily injury liability,
property damage liability, and costs, such as
depositions, court fees, witness fees.
A brief synopsis of the case.
The type of case -- "B" for bankruptcy or "Z"
for land use, for example.
-33-
This information is entered into the "L" database, and
an "L" number (record number) will automatically be issued.
The copy of the summons and complaint and the "L" data entry
form are returned to the person who originated the request.
Closing- "L" Numberss once a case in litigation has
been closed by settlement or judicial determination, the
secretary must give the administrative assistant a copy of
the "L" data entry form with the proper closing code and a
copy of the stipulation and order and/or final judgment.
The file should be given to the legal services aide
responsible for storing closed files.
�.ontracts
When a file has been created, it is forwarded to the
reviews it as to legal form and
contracts attorney, who
correctness. After initial approval, and if insurance is
ract has not been executed,
required and the cont
the
contract is forwarded to the insurance coordinator, who
reviews it for insurance requirements and obtains proper
insurance certificates from the contracting party. However,
if the contract requires any revisions, it is sent back
directly to the department with instructions to forward said
coordinator after necessary
contract to the insurance
changes have been made.
If the contract has been received by the contracts
attorney with proper execution, including the ins,arancP
coordinator's signature/approval, it is then initialled by
the attorney after review and forwarded to the city attorney
__....�� a nnnv of the contract and cover memo is
for his sJ. L.ui— • -- --ri
ract is sent to the originating
filed, and the cont
department.
-34-
91- 459
s i�
KF
1
:7
4
�
�11
x
Al I
L:
CkFS
f4'
F
t._
y
h
r
y
All matters designated by the letters "A," "MIA," or
"K" that do not require extensive work must be completed
within seven (7) days from date of assignment, or sooner, if
required. Routine contracts must be reviewed and approved
or corrected, and returned to the client within seven (7)
days from the date of assignment. All reassignments are to
be completed within ten (10) days from the date of
assignment.
In all cases, if work cannot be completed within the
specified period of time, the assigned attorney must call
the client and state that he or she has the project, the
reason that the project cannot be completed promptly, and
the estimated date that the project will be completed. If
the project cannot be completed by the date indicated, the
attorney must advise the client in advance.
Upon completion of any matter, the assigned attorney or
his or her secretary should discard all unnecessary or
duplicate papers, remove reusable items, such as paper
clips, organize the file, and forward it to the legal
services aide, with a note indicating that the file is to be
closed. The legal services aide will then make appropriate
notations and file the matter in proper numerical order.
ny Tra�k;na SvstA*^ (TKS) The time -keeping
Time -Kee
tracking system has been developed to record how much time
an attorney, law clerk, or legal intern spends in
representing the various City of Miami departments.
Accordingly, time sheets must be completed by each
•35-
91-
459
S ;
x
�F
4'v
F�
f
T
C�
v
individual, and given to the secretary for entry into the
computer. This information will not be updated or deleted.
Upon request, the system administrator will retrieve the
information in report format.
Litigation Tracking System( ): The litigation
tracking system records all cases in litigation, whether
instituted by the City Attorney's Office or served upon the
City of Miami. The LTS tracks all open and closed
litigation cases. Retrieval of information can be made by
"L" number, specific name, attorney, department, or case
number.
Contract Tracking Syatpm (CjS_ This system tracks the
flow of all contracts forwarded to this office for review.
Each contract is logged with a number, upon receipt, and
closed in the computer when the reviewing process has been
completed.
Boards and Committpps Tracking System
AA) The authorities, boards, and committees tracking
system (ABCTS) has been developed to keep track of all City
of Miami authorities, boards, and committees. This system
contains the requirements of each board and its regulations,
and the names of the board members currently serving.
Lega The legal opinions system
(MIA) was developed to make issuance of "MIA" numbers easier
and to keep track of all legal opinions issued by the City
Attorney's Office -
The assignment system
issues "A" numbers and keeps track of all assignments. If
an assignment is going to take longer than the due date to
complete, it will become an "OA number (ongoing
assignment).
-36- 91 4 5 9
ter,
Legislation Log (J)I This log tracks all resolutions
and ordinances prepared by this office and other city
departments.
City Commission Action Follow -Up r.ee (C). The City
Commission action follow-up log will be developed to track
all items brought before the commission that need further
work or research.
All legal opinions by the City Attorney's Office are to
be handled in the following manner:
1. No legal opinion will be given, unless the
question is first sent in writing to the city attorney. the
2. Requests from departments supervised by
city manager must bear the written approval of the city
manager. The legal opinion must be addressed to the city
manager and a copy must be sent to the requesting
department.
e is given, the attorney giving
3. When oral advic
the advice shall make clear to the client that such advice
is not tantamount to a legal opinion.
4. All legal opinions shall be signed bend thecity
cthe
attorney with the following notation at
the opinion.
PREPARED BY:
(NAME)
Assistant City Attorney
-37-
APPROVED BY:
(NAME)
Deputy City Attorney
5. All
legal opinions are to be prepared in
conformity with
the following format:
(A)
"You have requested an opinion on
following
(substantially)* the
question(s)t
(1) (State the issue, indented and
blocked, ending in a period.)
(2) (State the next issue, if more than
one.)
*Use
when you have modified the question.
(B)
Short answer to question(s)
(C)
Discussion.
(D)
Conclusion, if warranted (all in capital
letters, centered, and underlined).
6. All legal opinions must be reviewed by the
appellate attorney for the purpose of editing before being
submitted to the deputy city attorney and city attorney for
signature. 7. The index of legal opinions must always be
checked to determine what relevant prior legal opinions
exist, to refer to them if appropriate, to ensure
consistency, and to effect such modifications, rescissions,
or distinctions, as required. No legal opinion shall be
prepared without citation of authority or without a
discussion of the legal issue(s).
hall be designated by the
8. All legal opinions s f the
letters "MIA," followed by the last two digits 0
calendar year, followed by the sequential number, such as
that requires this office to
"MIA-83-1." Any assignment
render a legal opinion must be issued in the form of a legal
The numeration of
opinion and assigned an "MIA,, number.
legal opinions is independent of the assignment numeration
9iven to the task at the time that an opinion is first
requested. The "MIA" numbers of legal opinions are
therefore not to be used in filling out time slips.
9. The number of the legal opinion will be
assigned after the opinion has been reviewed and signed by
the city attorney. After approval, the legal opinion will
be returned to the writer, who will obtain the next
consecutive number to be used. A copy of each legal opinion
must be furnished to the secretary of the city attorney, the
appellate attorney, and the administrative assistant for
indexing and inclusion in the legal opinion binder, kept in
the library.
10. All legal opinions must be distributed to all
persons who have or may have an interest in the particular
subject matter. Legal opinions rendered to any commissioner
shall be distributed to all other commissioners.
459
a
p
F
j
:q
t
CHAPTER IV
r
L
Y
3
t.Ec;isi,ATION
The City Attorneys Office drafts legislation for the
City of Miami Commission, in the form of resolutions and
ordinances, authorizing the city manager to execute
agreements dealing with procurement, amending
appropriations, regulating public activities, and approving
or disapproving proposed service projects that involve
housing, social services, and appointments to city
authorities, boards and committees. In conjunction with
this function, the City Attorney's Office interprets the
City Code for all city departments and offices and furnishes
information concerning the City Code to the general public.
The drafting of legislation is divided among the four
divisions, under the direction of the division chiefs.
Division chiefs should be kept informed at all times of
pending requests for legislation within their area of
responsibility. Division staff attorneys advising clients
in matters involving legislation should notify their
division chiefs of the advice given to clients in regard to
or nonroutine elements comprising requested
f
extraordinary
legislation.
be handled as
legislation will set forth in
Routine
f the procedures manual.
I
this chapter o
Y' for Randy ; na T eQ1SlaLlylt
��. procedure
A:
x
1 The City of Miami Administrative policy Manual, used by
all departments, provides that any department seeking
t
have legislation adopted
by the City Commission, shall
are within prescribed time deadlines, in advance of the
zP, prep ,
�Y -40-
91- 459
w Y
City Commission meeting, a cover memorandum for the city
manager's signature explaining or justifying the need for
such legislation. The Administrative Department forwards
the original of the memorandum with a copy of draft
legislation to the city manager's Agenda office, after
having forwarded to our office, within prescribed deadline
dates, a copy of the cover memorandum with the original
draft legislation, and all relative backup material.
When proposed resolutions and ordinances are received,
the copy of the transmittal memorandum forwarded with the
legislation should be time -stamped at the front desk. If
there is no transmittal memorandum, a small piece of paper
will be time -stamped and attached to the front of the
legislation.
All legislation submitted by Administrative Departments
should be placed in the mail slot of the legislative
coordinator. After the legislation is logged into the
computer, it will be returned to the attorney who is
:i
handling the specific legislation. After giving the
legislation a "J" number, the legislative coordinator will
copy necessary material and distribute the original of the
x
legislation and agreement/revocable permits, etc.
When requesting a "J" number for agenda items, the
attorney should make a copy of the title page of the draft
legislation. The legislative assistant will write a flirt
number on the top left corner of the title page.
Legislation numbers are kept in a gray file folder
containing a sheet with a list of numbers. When a number is
used, the initials of the assigned attorney are planed next
to the number, and a copy of the title of the legislation is
Yik
placed on the left side of the file folder.
The "illnumbers, with an accompanying brief description
of the legislation, are entered on the disk log every day,
n
if possible, and a print out sheet is made. These sheets
are placed in a black binder (marked "19 "J" Nos.,
-41- 91- 459
x:
t
tiff
legislation log"). The legislation log book is as current
as possible to assist the Law Department and other
departments tracking legislation. A reference to the
number is also contained in the agenda printed material.
When approved legislation (signed by the city attorney)
is ready to be placed on the agenda, a City of Miami log
receipt is filled out and forwarded, as follows: The Agenda
Office receives the original legislation (with any it ally
th
approved contracts, reports, or materials attached
legislation). One copy of the log receipt must be attached,
by paper clip, to the original legislation,
which is then
placed inside a legal -sized interoffice envelope.
e,Tht
original log receipt should be stapled to the he envelope,
delivery box
the upper left corner, and placed i
to send
of the legal services aide. It
is n
ot necessary
reports or backup materials, since theAgenda Office already
has copies. A duplicate package of the above shall be kept
licate copy of each
by the legislative coordinator• to the responsible
signed -off legislation shall be given Law Department legal services aide
When the
attorney. enda Office,
returns with a signed receipt from ls City Ag
the original, signed
the legislative coordinator will pace
receipt in the legislative log receipt book.
n agenda packet consists of an agenda
The commissio
nn listing every item scheduled for cons
ideraotfon) by
form, with copies
city commission at its meeting, explanatory material for
legislative items and accompany' 9
each item.
held on the second Thursday o
Regular meetings are
commission meeting,
every month. Several days before a city The
the City Attorneys Office receives four packets.
91- 459
1E
executive secretary to the city attorney opens one of the
packets and removes the agenda materials, placing each
composite item (in numerical sequence) in legal binders for
the city attorney's use.
The legislative coordinator makes copies of the agenda
form for distribution to the deputy city attorney, the city
attorney's office library, and attorneys having particular
familiarity with each item. These attorneys are promptly
notified by memorandum to schedule a briefing conference
with the city attorney, in advance of the commission
meeting.
The legislative coordinator reviews the contents of the
packet to ensure that the approved version of the
legislation is in the packet, and that there is legislation
for every item requiring it. If there are any problems, the
legislative coordinator makes such notation in the right
margin of the agenda and notifies the Agenda office (3467)
The legislative coordinator then makes a copy Of the agenda,
with all comments, and gives it to the City attorney
eduled on the
For the planning and zoning meeting, sch
fourth Thursday of every month, the City Attorney's office
receives five packets, which are distributed to the city
sistant
the chief as
legislative coordinatorr,
the
attorney,
cityattorney for the Zoning/Development Division, the chief
assistant city attorney
for the Planning/Development
Division, and individual item packets are given to attorneys
ecific itemscement on .
having particular familiarity with sp the
for pla
cannot be held over Items that ca
may be placed on the
commission meeting
next regular commission meeting agenda by City
and zoning
planning
When these items are approved by
approval only.
Manager's fo
rwarded in the same manner as
the city attorney, they are
other legislation commission,
there are
During deliberations of the
made in the legislation
floor modifications
frequently
-43- 91- 459
items. These modifications are the subject of a
"debriefing" session conducted by the city attorney on the
day following each commission meeting. Other matters
("pocket items") that are brought to the attention of the
city attorney during the commission meeting, but which may
not have appeared on the prior agenda, are also addressed at
this debriefing conference. Following the conference, a
summary of the meeting, prepared and distributed, directs
particular attorneys to perform assignments for floor
modifications and other matters brought to the city
attorney's attention, including pocket items. Items bearing
added or modified language are immediately prepared under
upon approval
the direction of the assigned attorneys
sto and,
the City Clerk's
by the city attorney, are forwarded
Office with receipts in the same matter as a entak o the
Agenda Clerk. When roll call votes ar
nonscheduled agenda items (pocket items) or on items
appearing on the agenda in the "discussion" section or
"personal appearance" section of the agenda,
the city clerk
references these actions in the City Clerk Reports, which is
marked agenda for any past
attached to the conformed ( ear in
commission meeting. The actions of the commission appear
the right column by numbered resolution,
serialized by year.
ref ix. Motions
Ordinances are numbered in sequence er as resolutions. Conformed
are numbered in the same man Tess binders in the same
agendas are maintained in Acco P of executed
drawer of the file cabinet where copies
legislations are kept. the City
About ten days after a commission meeting,
sends the legislative coordinator a copy of
Clerk's Office
conformed agenda, which lists the numbers of the
the adopted at the last meeting a
also contains the City Clerk nd
resolutions and ordinancescReports, listing all motions
Some of these motions must
that were passed at the meeting. (and, in rare cases, into
be formalized into resolutions
-44-
gi 459
1
'lift
ordinances). The formalized legislation is given a
number and logged, like any other piece of legislation.
Also, when preparing such legislation, the motion number and
date of the meeting at which the motion was adopted
under the "J" number in the upper left corner's is
on
done to notify the Agenda Office to place the leg,lslati'st After the
the "consent agenda" for the next agenda.) it is
legislation has been approved by the city attorney,
forwarded for placement on the agenda, in the same manner as
all other legislation. the
From seven to ten days after a commission meeting,
City Clerk's Office will send the legislative coordinate The
g
copy
of all legislation passed at that meeting.
n AccO
legislative coordinator files the ordinances
9700s,1#9800s,etc.
press
binders, which are marked: ordinance #
These are kept in file cabinets next to the
abelslibrary.
list
Resolutions are filed in Acco press binders; the 1
he volume of the binder, the resolutions contained therein,
t Resolutions for the
and the dates of the resolutions
coordinator's file
current year are filed in the leg' ears are filed in
Resolutions for the past two y
cabinet. outside the
the cabinets in the secretarial area,
legislative coordinator's office.
Administration Office sends
The Planning and Zoning accompanying necessary
transmit
with tal memoranda ion to All
informat
draw up a resolution or ordinance.
emoranda are directed to the chief assistant
ity
planning m Development Division
attorney for the Planning/ attorney
memor
anda are directed to the chief assistant city
t Division.
for the Zoning/Developmen
-45- 91- 459
d N�
tV
The legislative coordinator then assigns numbers so
that all legislation can be identified. The secretary logs
in each individual "J" number with a short description
of
the
what is being requested and determines the due date
legislation.
The secretary gives all transmittal memoranda to the
assigned attorney, who will then draw up the legislation.
form, the
After the legislation is written in roughOnce legislation is in
secretary and attorney proofread it.
final form, the attorney responsible signs it and approval,
e dsit
to the legislative coordinator for proofreading,
and signature by the city attorney.
ds
After the legislation is signed, the secretary
nof
copies to the Hearing Boards Division of the Departmentreceipt
Planning, Building and Zoning with an accompanying
to be signed and returned to the Law Department. The
original legislation is given to the legislative coordinator
ing
to be placed in an expansion folder marked ,pending forward the
ardthe
and Zoning". The legislative coordinator
original legislation to the Agenda of
fice
enda.
appears on a Planning and Zoning a g
-46-
91- 459
APPENDIX:
LEGISLATION
t
;1I
When taking a "J" number for ordinances or resolutionat
(a) Please write the atty's initials next to said number on
lefthand side of older, makL a copy of the legislations write the
name of the client and date received on the copys punch holes
through the copy and place on prongs on righthand bide of the
folder.
ATTY
ATTY
ATTY
J-89-1171
J-89-1201
J-89-1231
J-89-1172
J-89-1202
J-89-1232
J-89-1173
J-89-1203
J-89-1233
J-89-1174
J-89-1204
J-89-1234
J-89-1175
J-89-1205
J-89-1235
J-89-1176
J-89-1206
J-89-1236
J-89-1177
J-89-1207
J-89-1237_
J-89-1179
J-89-1208
J-89-1238
J-89-1179
J-89-1209
J-89-1239
J-89-1180�!
J-89-1210
J-89-1240
J-89-1181
J-89-1211
J-89-1241
J-89-1182
J-89-1212
J-89-1242
J-89-1183
J-89-1213
J-89-1243
J-89-1184
J-89-1214
J-89-124 4,_ _
J-89-1185
J-89-1215
J-89-1245
J-89-1186
J-89-1216
J-89-1246 __...._—
J-89-1187
J-89-1217
J-89-1247
J-89-1188
J-89-1218
J-89-1248
J-89-1189
J-89-1219 _
J-89-1249
J-89-1190
J-69-1220
J-89-1250
J-89-1191
J-89-1221
J-89-1251
J-89-1192
J-89-1222
J-89-1252
J-89-1193
J-89-1223
J-89-1253
J-89-1194
J-89-1224
J-89-1254
J-89-1195�._.
J-89-1225
J-89-1255
J-89-1196
J-89-1226.
J-89-1256
J-89-1197
J-89-1227
J-89-1257
J-89-1198_
J-89-1228
_ J-89-1258
J-89-1199
J-89-1229
J-89-1259
J-89-1200
J-89-1230
J-89-1260
�Y
?k
1
tu+
iY g
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
A?nor.able Mayor and Members DATE °lE
s�
of t.he, City Commission
� ;� sueiEcr First Reading - Ordinance -
�, c -- Amending City Code Chapters
54 and 54.5 r Streets and
i REFERENCES Subdivisions s
Cesar H. 0 d i o ENCLOSURES.
'
City Manager a
r
K�
f
i
RECOMMENDATION:
It is respectfully recommended that the Miami City Commission
enact the attached ordinance amending Chapters 54 and 54,5 of the
Code of the City of Miami clarifying the definition of street in
the establishment of zoned right of way widths and establishing
new criteria which will allow for the creation of a one way
private road when a new subdivision is platted.
BACKGROUND:
The Department of Public Works has reviewed City Code
,M...
requirements which establish the right of way and pavement widths
for private roads when a new subdivision is platted. Present
criteria and guidelines only recognize the establishment of a two
lane roadway with traffic in both directions. In certain
circumstances a need exists to allow for a reduced right of way
and pavement width in order to preserve archeological,
landscaping and other features and at the same time provide an
opportunity for maximum use of the site for development purposes.
The reduced right of way width, presently set at a minimum of 25
feet, can be accommodated only if the roadway is constructed for
one-way traffic.
.r�
The attached ordinance sets forth the criteria which establish
certain parameters when a single family residential tract is
subdivided and a one way private road is created as part of
platted subdivision. The essential requirements provide for a
minimum right of way width of 18 feet and a minimum pavement
width of 15 to 17 feet.
Section 54-101 of City Code establishes right of way widths for
for the use of the public.
streets that are dedicated perpetual
To further clarify the intended use and jurisdictional authority
"
of these streets, the attached amendment establishes these
�...`
streets as "public" streets.
91- 459
DATES JANULRY 18, 1990
,ro=
CITY CLERK'S OFFICE
ATM
SYLVIA 7lJFIM
VALERIE GREENWOOD
IS THE FCJuLwim APPRmrm LEGISLATION FRm THE LAW DEPAE r= i
LEGISLATIM
DESCRIPTION
I,EM 5
RESOLUrION N0. 89-963
J-89-949(2)
Banking Services
ITE4 #18
RESCLAyrION N0. 89-978 _
Opposing Federal Detention Center
J-89-1200
�F
s<
r^:r
1h,
r
t
DATES
LAW DEPAE�Il�`pr
h:
CITY CT,ERtC'S
OFFICE "-- ATI'Ns Bev Solomon,
i
f�
91- 459
t �[
-- n i
MAYOR tAVIIR L SUARIZ
VICI MAYOR MILLIR 1. DAWKINS
COMMISSIONIN DR MIRIAM AIONSO
COMMISSIO%it VICTOR N. DI YURRI
COMMISSIONIR I . RUMMER, It.
CITY MANAGER Co" If.0e10
CITY COMMISSION AGENN
MEETING DATE. December 7. 198E CITY HALL 35M PAN AMERICAN DRIVE
CITY ORDINANCE NO. 10067, AS AMENDED, ADOPTED MARCH 18, 1*16,
GENERALLY REQUIRES ALL PERSONS APPEARING IN A PAID OR REMUNERATED
REPRESENTATIVE CAPACITY BEFORE CITY STAFF, BOARDS, COMMITTEES AND
THE CITY COMMISSION TO REGISTER WITH THE CITY CLERK BEFORE ENGAGING
IN LOBBYING ACTIVITIES. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE
OFFICE OF THE CITY CLERK, CITY HALL.
THIS PRINTED AGENDA 13 DISTRIBUTED AT LEAST FIVE DAYS BEFORE
THE MEETING AND THE MATERIAL IN CONNECTION WITH EACH ITEM
APPEARING ON THE AGENDA IS AVAILABLE FOR INSPECTION DURING
BUSINESS HOURS AT THE OFFICE OF THE CITY CLERK IN CITY HALL.
ANY PERSON WHO SEEKS TO ADDRESS THE CITY CM"'8S1ON ON ANY ITEM
APPEAR1N13 ON THIS AWJWA 1S INVITED TO DO SO AND SHALL. AS SOON
AS POSSIBLE INFORM THE CITY CLERK OF NIS/HER DESIRE TO SPEAK -
GIVING THE CITY CLERK HIS/HER NAM. AT THE T1M � WAITT IS
TO
HEARD. THAT PERSON $NO" APPROACH THE MICROPHONE
BE RECOGNIZED BY THE MAYOR WHO PRESIDES OVER THE CITY
COMMISSION MEETING.
0 • •
Should any person desire to appeal any decision of the Miami
City Commission with respect to any matter to be considered at
this meeting, that person shall ensure that a verbatim record
of the proceedings Is made Including all testimony and evidence
upon which any appeal may be based.
The City Commission has established a Polley that the lunch
recess will begin at the conclusion of deliberations of the
agenda Item being considered at 12:o0 noon= further* that
del,ission 1 berat 1 ons on meetings the agenda tem ubeing cons 1 deredat g pp PMrn at the conclusion -
(Resolution No. 87-115)
• This meeting shall convene at 9:00 AM
91_- 459
'3
1'r
MEETING DATE: December 1. 19a9 PAGE NO: 2
CONSENT AGENDA
item i which is colmpr 1 sed of Items
CA-1 through CA-29 has been scheduled
to be heard In the numbered sequence
or as announced by the COMMI Ss l on .
GENERAL LEGISLATIVE ITEMS
Items Z through 20 may be heard 1n
the num+berad sequence Or ae snnounc�
by the Commisalon.
PUBLIC HEARINGS
Item 21 has been advertised to be
heard at 11e05 AM -
Item 2Z has been advertised to be
heard at 11:110 AM -
Item 24 has been advertised to be
heard at 11:20 Am. Item 23 Is
related to itsm 24 and may be
considered at this time -
these 1 toms at Ithe os Doe shall
�consider
f 1 ad t Imesor
thereafter as Me y be announced.
PERSONAL APPEARANCES
Itens 25 through 90 have been
schedu 1 ed to be earl Shall consider
The CityCANWIgSion
these items at the s eo l f I ed time or
thereafter as may bo announced.
DISCUSSION ITEMS
4S have bee
Items 96 through 3%00 PM
schedu lid —to be s;eond shy �� cons I d•
The City Coal Iflod time c
those Items at th b: annOun d•
thereafter as ma
SPECIALLY SCf1Ea=ED 1 TEM
schadulad to
Item has been
heard 1 n the numbered. s ! on nee or
announced b the Comm
n
r
r
)a
Ls
91- 459
8
Cc
PARKS
PARKS
PAGE 200
10/26 RFC
Reso-Electing and reappointing Matty Hirai as
City Cleek of the City of Miami, to hold office
as provided for in the City Charter.
10/27 RFC
Reso-Electing and reappointing Commissioner
as Vice Mayor of the City of Miami to serve a
one year term Commencing at 12100 PM Decerber
1, 1989.
10/26 RFC
Reso-Allocating an amount NM $60,000.00, from
fund
the FY 1989089 fund Balance, if said
balance exceeds $5,0001000.00, to the James E.
Scott Camnunity Center, Inc., for the purpose
the
of providing assistance in re-establishing
Liberty City Child Care Center.
11/01 RFC
Reso-Authorizing the City Attorney to Pay
and
Beverly Parer, Esq. of the Firm of Greene
the
Greene, P.A., and Peter Hurtgen Esq. of
hourly
Firm of Morgan Lewis and Bockius, at an
rate of $150.00 each an amwnt not to exceed
$25,000,00. Each for services rendered in the
legal representation of Kenneth McCullough and
Colonel H. Duke respectively in Boykin Vs. The
City Of Miami.
10/26 AV
Reso-Establishing special charges and tears and
bby
conditions for the use of the Baseballteur
Stadium by
Maduro Baseball
Association, Inc. for said association's 1989
held
Season of Amateur Baseball games to be
wing the period October 1989 through January
1990. Allocating an amount NM $25,000.00, from
Fund
Special Programs and Accounts► contingent
and expenses in
to Cover certainCity' Fees
said games and conditioned that no
support of
fees are charged to participant athletes by
said association.
10/26 AV
Em, Ord.- Waiving the payment of all fees for
for individual
yoctht 17 yew and younger,
City owned swimming Pools
admission to all
ccmm ncing upon the conclusion of the 1989
Sunnier Pool Season.
91-- 459
i
L
r
5
S
E.
i
r'
d4'i
t
♦i�
91_ 459
k�sz
,t
f;
CITY OF MIAMI
CITY CLERK'S REPORT
NESTING DATE: December 7, 1989 PAGE M0. 1
NON -AG. AN EMERGENCY ORDINANCE AMENDING SECTIIONS 1 AND EMERGENCY
5 OF ORDINANCE NO- 10648, >iE ANNUAL ORDINANCE 10677
APPROPRIATIONS ORDINANCE, FOR FISCAL YEAR MOVEDt PLUMMER
ENDING SEPTEMBER 30, 1990, ADOPTED SEPTEMBER SECONDEDt ALONSO
28, 1989, FOR THE PURPOSE OF APPROPRIATING NOESt DE YURRE
$250.00ATED FROM THE LAND
SALE OFOTHE MUNICIPAL HOOF PROCEEDS P PROPERTIES TO MIAMI-
DADE COMMUNITY COLLEGE FOR THE PURPOSE OF
IMPLEMENTING THE PROVISIONS OF RESOLUTION
SS LUTIO AMENDED, IN
ADOPTED JULY 13, 989,
REGARD TO ECONOMIC DEVELOPMENT{ CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE.
CA-25 (AS OF THIS DATE (DECEMBER 19, 1989) R 89-1110.1
THE LAW DEPARTMENT IS STILL WORKING ON MOVEDt SUAREZ
RESOLUTION 89-1110.1. THEREFORE, THIS SECONDED: PLUMMER
OFFICE OF THE CITY CLERK IS RELEASING UNANIMOUS
THIS REPORT SINCE WE CAN NO LONGER
HOLD DISTRIBUTION OF SAME-3
SUBJECT MATTER: Establishing the City
mode ss on policy decessorsaofall me bersiofeess
the
pre
made by
Commission, be allowed to resign and
that members currently serving on the
Commission be allowed to appoint
members to Boards on a proportional
basis -
VON -AG. FIREWORKSU IN O CONNECTION CONCERNING' 112
WITH THE PRODUCTION OF MOVEDs PLUMMER
MOVIE TO PROVIDE THAT THE TIME LIMITATIONS IN SECONDEDtDE YURRE
SECTION 19-184 OF THE CITY CODE SHALL NOT BE UNANIMOUS
►PPLICABLE AT BRICKELL POINT ON DECEMBER 13,
1989, SUBJECT TO THE ISSUANCE OF THE
AP?RPMITS FROM THE DEPARTMENT OF
FIRE,RESCUE ANDINSPECTION SERVICES.
WITH ATTACHMENT, RATIFYING, R 89-1113
NON -AG. APPROVING LUT AND CONFIRMING THE ION*CITY MANAGER'S MOVED: PLUMMER
EXECUTION OF THE ATTACHED COLLECTIVE BARGAINING SECONDED: DAWKINS
AGREEMENT BETWEEN THE CITY OF MIAMI AND THE UNANIMOUS
EMPLOYEE ORGANIZATION KNOWN AS THE SANITATION
EMPLOYEES ASSOCIATION, FOR THE PERIOD OF
OCTOBER 1, 1989 THROUGH SEPTEMBER 30r 1991-
91- 459
aTF
Y �V
'* City of NOW
Crry CLERK'S R 'O
MEETING DATEt December 7, 1989- PAGE NO. 2
AG. 2 A MOTION DIRECTING THE CITY MANAGER TO INVITE M 89-1114
ALL OF THE KEY EXECUTIVES OF TELEMUNDO MOVED: PLUMMER
COMMUNICATIONS (TCI), INC. TO APPEAR BEFORE THE SECONDED of YORE
CITY COMMISSION AT ITS REGULAR MEETING OF UNANIMOUS
JANUARY 9, 1990, TO ADDRESS, AMONG OTHERS,
QUESTIONS REGARDING THEIR POLICY ON MINORITY
PARTICIPATION; FURTHER INSTRUCTING THE
ADMINISTRATION TO SCHEDULE SAID DISCUSSION AS A
PUBLIC HEARING IN LIEU OF THE MANY COMPLAINTS
RECEIVED AND FORMAL ALLEGATIONS BROUGHT FGRTH
AGAINST TCI BY THE CITY'S CABLE DEPARTMENT,
AG. 8 A MOTION TO DEFER PROPOSED FIRST READING M 89.1115
ORDINANCE (TO AMEND CITY CODE BY REQUIRING A MOVEDs DE YUAAE
PROTECTIVE BARRIER FOR SWIMMTNG POOLS) FOR SECONDEDs DAWKINS
NINETY DAYS FOR FURTHER STUDY BY THE UNANIMOUS
ADMINISTRATION; FURTHER REQUESTING THE CITY
MANAGER TO REVIEW ALL SUGGESTED POSSIBILITIES
AND SAFETY CONCERNS AND COME BACK WITH A
RECOMMENDATION.
AG. 16 NOTE FOR THE, RECORD: ONA R 89-111TEOMPIt3 o toied
rmho
GENERAL EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST. No. Pollard and Mr.
Thompkins were nominated by Commissioner
Dawkins. Pending still is one appointment to
be made from a list to be submitted by the
AFSMB local 1907•
ted
AG. 12 NOTE FOR THE RECORD: R (nominated by Mayor Suarez) nand
FERNANDO PBNABAZ (nominated by Commissioner
Alonso) as alternate members to the
INTERNATIONAL TRADE BOARD. Pending still are
appointments to be made by Commissioners
Dawkins, De Yurre and Plummer.
AG. 13 NOTE FOR THE RECORDsGIL 8 -1118FERNAco firmed tto he
nom nat on o
AFFIRMATIVE ACTION ADVISORY BOARD.
AG. 14 NOTE FOR THE RECORD: R 89-1119 reappointed
MARLE3 ISSUER an appointed Reverend RONALD
PETERS to the HEALTH FACILITIES AUTBORITY. Nr.
Bober was nominated by Commissioner Plummer.
Reverend Ronald Peters was nominated by Vice
Mayor Dawkins.
AG. 15
A MOTION APPOINTING THE FOLLOMlau 1l.Ya1s6'v..--
TO THE OFFICE OF PROFESSIONAL COMPLIANCE
ADVISORY PANEL:
JACKIB BELL AND NANOLO NIIAGOEII (nominated by
Mayor Suarez)
TIMOTHY BASKET (nominated by Commissioner
Plummer)
GERALD DARLING AND VILLIS STARKS (nominated b�
Commissioner Dawkins)
(Notes Pending still o"Issloner aPelonsoenta two
be made by by Commissioner De
appointments to be appointment to be made by
iurre, and one
Commissioner Plummer.
R 89-1116
MOVEDt PLUMMER
SECONDED: ALONSO
UNANIMOUS
R 89-1117
MOVED: PLUMME
SECONDED: DAWKIN
UNANIMOUS
R 89-1118
MOVED: PLUMME
SECONDED: DAWKI:
UNANIMOUS
R 89-1119
MOVED$ PLUMM_
SECONDEDt DAWKI
UNANIMOUS
M 89-1120
MOVED: PLUMME
SECONDED%DE YUR
UNANIMOUS
9f-
um
i
k"
1'Y2 A
;i
it
7
�
x
,
t,
,�
y r
i>w x
CHAPTER V
Upon receipt of the complaint, the claims supervisor
should be forwarded a copy of the complaint and the attorney
assigned to the claim shall request the claims investigation
file from the adjuster to whom it has been assigned.
direct copy
of the complaint should also be
rwarded to of the department, and thedepartment file should be
requested by the attorney assigned.
Once a decision has been made concerning the
representation of the employee named as a party, the
employee and his department director should be notified and
letter of the city's obligationsSection f the city's
Section 111.07 of the Florida Statutes and
liability, if the employee is found liable for compensatory
or punitive damages.
p 1 egd]nQ$=
a complaint should be
Once an assignment is received, compliance with
process
checked for proper service of P and The attorney
Section 768.28(6) of the Florida Statutes• the following
should then respond, as appropriate, by filing
motions or other pleadings:
1. A
motion to dismiss under Section 768.28(6),
Florida Statutes.
h
� ¢t i --a
2. A motion to dismiss under Section 768.28(9)►
Florida Statutes.
3. A motion to remove the claim to federal court (may
have to be done before affirmative relief can be
requested).
4. A motion to strike punitive damages under Section
768.28, Florida Statutes.
5. An answer (state court allows thirty (30) days for
the city under Section 768.28(7)► Florida
Statutes; twenty (20) days for the individual
employee).
6. A cross claim(s) against codefendants.
Note that
under
for state and county agencies,
noticeSection 768.28(6), Florida Statutes is required,
including notice to the Department of Insurance,
State of Florida. For municipalities, no notice
to the Department of Insurance is required. when
7. A counterclaim(s) and third -party lien(s),
appropriate.
ud ent or judgment
Review the potential for summary 3 gm
on the pleadings, as such may be appropriate.
The assigned assistant city
attorney conducts
settlement negotiations.
The city attorney authorizes
settlement, following the advice of the Torts Committee
composed of all litigators and the claims supervisor of the
( Department of Personnel.
Risk Management Division of the
ent Negotiated settlements between the, CO y aof
Management). final approval of
$25,000 are contingent upon
ion.
The commission must approve or deny
Miami Commiss
•if the commission does not respond,
within ten (10) days;
-49- 91-- 453
the settlement will be deemed approved. Negotiations that
exceed $25,000 are contingent on full commission approval.
Settlement discussions in the Law Department should remain
an internal matter.
The city attorney has final authority to make all
settlements under $4,500, without approval of the
commission, and settlements between $4,500 and $25,0001 if
the commission has not responded within the ten-day notice
period.
To obtain commission approval, a resolution and cover
memorandum explaining the proposed settlement must be
submitted to the City of Miami Commission on the first
monthly agenda. The resolution requires a "J" number from
the legislative coordinator, and must be signed by the
proposing assistant city attorney and the city attorney.
The proposing assistant city attorney drafts the cover
memorandum, which the city attorney must sign.
Once the resolution and cover memorandum are prepared,
they are submitted to the legislative coordinator. To be
included on the commission agenda, these materials must be
submitted at least fifteen (15) days before the meeting
date.
The proposing assistant city attorney should check the
agenda results, which will be posted in the library. if the
he
settlement is approved, the resolution number may
obtained from the City Clerk's Office on the Friday
afternoon or Monday following the commission meeting.
A motion for rehearing must be filed within ten (10)
of the order. The order must be final
days from the entry to toll the time for
in order for a motion for rehearing k with the appellate
filing
a notice of appeal.
attorney to determine whether the order is final.
-50- 459
If the client is the prevailing party, consult with the
appellate attorney in drafting the order. If the client
does not prevail, see the appellate attorney immediately to
enter the due date in the diary for filing the motion for
rehearing, if any, and the notice of appeal.
See the appellate attorney immediately if judgment has
been rendered for or against a codefendant and you wish to
keep the codefendant in the suit. In most circumstances,
the city must take a timely appeal or waive further recourse
against the codefendant.
Post -trial motions are due ten (10) days from the
the
return of a jury verdict or from the date of filing late
judgment in a nonjury action. Consult with the appellate
attorney immediately after the jury returns the verdict or
the
the judgment is filed in a nonjury action, to prepare
appropriate post -trial motions.
a m+ n of Settem nts or Jud�nents
Drafts for payment of tort litigation settlements or
from the Claims
verdicts are requested Division.
For
submit to the Claims
settlement amounts under $4,500, signed by the
1 a notarized general release, 9
Division: ( )
2 a copy of the stipulation of dismissal ( if
plaintiff;( ) the original
in suit), signed by the plaintiff's attorney
remains in our file until payment is made);
and (3) an
interoffice memorandum to the claims supervisor, identifying
nt confirming approval
the release and the stipuletio and requesting a settlement
settlement by the city attorn ye
draft (specifying the payee(s))•
For settlement amounts (1) aabove $4,500, submit:
of the resolution approving settlement and the
copy it
clerk or the legislative
resolution number from the general release Sig
coordinator; (2)ned by the
a notarize
r*
,r
91- 459
s
s;
plaintiff; (3) a copy of the stipulation of dismissal (if
in suit), signed by the Plaintiff's attorney (the original
remains in our file until payment); and (4) an interoffice
memorandum to the claims supervisor, identifying the above
documents and requesting a settlement draft (specifying the
payee(s)).
For a judgment, submits (1) copies of the notarized
satisfaction of judgment, signed by the plaintiff and
plaintiff's attorney (the original remains in our file until
payment), and (2) any interoffice memorandum to the clad d
supervisor, identifying the satisfaction of judgment
requesting the settlement draft (specifying the payee(s))•
Once the draft is received, forward it to the
certified mail, return receipt
plaintiff's attorney, by at this
requested, or arrange for the attorney
to pick i t up Submit
office, and obtain a signed proof of receipt
closing papers (stipulation and order of dismissal or
obtain final
sa
tisfaction of judgment) to the court and
copies (court -executed stipulation and order of dismissal or
Of the recorded satisfaction of judgment). For cases
a copy papers
with claim numbers,
forward final copies of closing p P
to the Claims Division, advising that the file has been
z, applicable consult the collections attorney
closed and, if ,
g For cases without claim
for collection of judgment.
z' of the judgment must be submitted to the
numbers, a copy her that the
deputy city attorney's secretaryfile not following procedures
case has been closed. Close the
in Chapter III of this manual.
n_
s appellate attorney must be
} The city attorney and
upon entry of a final judgment against
notified immediately P ees acting while in
r
i Miami or one of its
the City of employ
r;
xs
91 459
-52-
�t3
4
the course and scope of employment, so that an appeal can be
considered in a timely fashion. Within ten (10) days of a
verdict, the department head should be informed by a letter
stating a brief outline of the subject or incident, the
result and effect on department operations, and a summary of
the time schedule for motion practice.
For cases in which Section 768.28, Florida Statutes
does not apply, before an offer is made, the proposed offer
should be reviewed with the director of the department.
Final authority to make an offer rests with the city
attorney, but the department's approval or disapproval
proposed settlement should be noted on a cover memorandum,
if the settlement requires commission approval.
After settlement of tort litigation or payment of a
judgment, the director of the department and any employe
involved should be sent a brief letter identifyingthe
or
payment of the settlement
matter, informing them of
judgment, and notifying them that the City Attorneys Office
file is being closed.
r...+o� 1 Ate Prat ice
Co
n the appellate attorney to determine whether an
appeal should be taken. After the decision to take an
pp appeal has
appeal has been made and before the notice of
transfer the file to the appellate attorney.
been filed, appeal is
Note that the filing of the notice of
jurisdictional.
Therefore,
the notice must be filed with
with the exception of an
the clerk of the lower tribunal (n where the notice is
appeal of an administratwith n action,
(30) days of the
filed with the court)
rendition of the order to be reviewed.
that the file is transferred,
the trial
At the time
attorney must also deliver a completed "appeal summary
91-� 459
-53-
�;e
H
sei1`Y, Yy
. f
r
�x.
A
y1`
1
7
x7"
� t
'4
f
S^
elk
A6
�
f
fi
r�
report,,, a copy of the order to be appealed, a copy of all
post -judgment motions, and all orders rendered thereon. the
appellate attorney shall be responsible for filing the
notice of appeal and all required appellate pleadingst
thereafter.
-54-
APPENDIX!
LITIGATION
5/19/89
RESOLUTION N0.
A RESOLUTION AUTHORIIIN; THE DIRECTOR OF
FINANCE TO PAY TO DAMIAN GARCIA, PURSUANT TO
A CONSENT JUDGMENT, BUT WITHOUT ADMISSION OF
LIABILITY, THE SUM OF 5100,000 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AMC
DEMANDS AGAINST THE CITY Of MIAMI UPON THE
EXECUTION OF A RELEASE, RELEASING THE CITY OF
MIAMI FROM ANY AND ALL CLAIMS AND DEMANDS,
SUBJECT TO AN ACT OF THE FLORIDA LEGISLATURE
DIRECTING THE CITY OF MIAMI TO PAY TO DAMIAN
GARCIA AN ADDITIONAL SUM 0! MONEY up TO
$250,000, SAID RELEASE TO PROVIDE THAT DAMIAN
GARCIA MAY SEEK LEGISLATION FROM THE FLORIDA
LEGISLATURE DIRECTING THE CITY OF MIAMI TO
PAY AN ADDITIONAL AMOUNT UP TO 250,000.
WHEREAS, Damian Garcia* through -his attorney, filed a claist
against the City of Miami in the Circuit Court of Dade County,
Florida, Case No.: 87-40823 CA 17, arising out of an accident
which occurred on June 21, 1987, and
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's Office pursuant to Ordinance No.
8417, which created the City of Miami's Self -Insurance Program,
and said office recommends that the City of Miami enter into a
Consent Judgment in favor of Damian Garcia for $350,0001 and
WHEREAS, pursuant to the said Consent Judgment the City of
Miami will pay to Damian Garcia the sum of $100,000 and Damian
Garcia will thereafter seek legislation from the Florida
Legislature directing the City of Miami to pay an additional
$250,000 pursuant to Florida Statutes, Section 768.28(5)1 and
WHEREAS, the City of Miami is not precluded by said Consent
Judgment from resisting Damian Garcis's in petitioning the
Florida Legislature to order the City of Miami to pay the
additional $2S0,000=
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorised to
ti
Pay Damian Garcia. without the admission of liabilit th M�
C COMMISSION
MUTING OF
MAY 25 1969
91- 459
ti4�'rfi.
x
r
i l
I
�
1
t
r
�
t
i5a. tsr9'�p2 A
,-4
pA
1i
P
r2
i S
t j
F
r4i
n
c;
-
u
CLZRK
CITY OF MIAMI, FLORIDA
A
INTER -OFFICE MIrMBRANbUM
��
�t s
1.3 t s
to
Jorge L Fernandez December 19, 1989 FILe017G/
DATE
City Attorney, Members 124
Of The Tort Committee G regoc io and
rig.`
x j y r� ,'
SUBJECT
vtilia Acosta
.#f
DjA: 03%11/7
S te ( .. P
4 y;
FROM
Paul D . Weber REFERENCES,
~'
Claims Supervisor
s
Risk Management Office ENCLOSURES
Attached is a file requiring Tort Committee review. After
reviewing the attached memo, please write your comments and
evaluation and pass the file on to the next attorney on the list.
File should be returned for pre -suit claims negotiations and/or
.
further handling.
M
e
for you Thank
Y your prompt attention.
PDW/MAT/cmj
fr
•?i
S
5�
v'
zk
s+
91- 459 -
tih
I
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
P, k
TO Jorge L. FernandeZ DATE December 19# 1989 FILE
City Attorney, Members
of The Tort Committee suEuECT Gregorio and
Otilia Acosta
D/A: 3/11/87
FROM Claim #: 017G/V87-124
Paul D. Weber REFERENCES
Claims Supervisor
Risk Management office ENCLOSURES
.8jQUjMF!QR §JZT_LEMENT -AMH2,R TY
LA_CTS
This accident occurred on Wednesday, March 11, 1987, at
approximately 1:00 PM at the above -mentioned location.
Claimant, Gregorio M. Acosta was traveling southbound on NW 27th
Avenue, when he stopped for traffic ahead.
City driver, Paulemy Senat traveling southbound on NW 27th Avenue
attempted to change lanes and failed to stop in time, thus
colliding with the left rear of claimants vehicle.
LEGAL VIOLATIONS
As a result of this accident, city driver Paulemy Senat was
charged with reckless driving.
WITNESSES
There were no witnesses to this accident.
CLAINNTT _l
Gregorio Acosta, 59 years of age, D/O/B 11/17/30, male, married
to Otilia Acosta and resides at 4040 West 6th Avenue,, Hialeah,
Fla. 33012.
His occupation is listed as a butcher. His soqial security
number is 264-76-4775.
Claimant was operating a 1977 Ford LTD at the time of the
accident which was insured through General Insurance CompanyAe.
was wearing his seatbelt.
Claimant is being represented by the Law Firm of Jugo & Murphyp
located at Two Datran Center, Suite 1609,, 9130 South Dadeland
Boulevard in Miami, Florida 33156.
9 1
a
r,
9`.
r"
r°
Jorge L. Fernandez and -2-
Members of The Tort Committee
December 19, 1989
According to the plaintiff attorney, his client has no health
coverage and has
had no prior accidents.
PROP RfiY DA G CG�I�
The property damage claim was settled on March 31, 1987 for a net
amount of $900.00.
According to the 1977 Automobile Red Book, Used Car Valuations,
claimants
vehicle was worth from $425.00 to $1.025.00.
The book is conservative in it's value.
MEDICAL NFOR ATION
There was no medical attention rendered to this claimant at the
scene of the accident and none was required.
STEPBSN I. TICK i M-D-m P.A.
Initially treated this claimant on 3/27/87 and rendered an
orthopaedic examination.
Claimant complained of occipital headaches and pain radiating
from his neck to both posterior shoulders.
He treated this claimant for approximately 2 months in the form
of physiotherapy treatments consisting of electrical stimulation
and hot packs.
Claimant had x-rays taken of the cervicodorsal spine which ruled
out fractures or dislocations.
C I S I P SS ON AS AS P O S
1) Acute traumatic sprain of the cervicodorsal spine.
2) Acute traumatic sprain of the lumbosacral spine.
3) Post traumatic cerebral syndrome.
4) Multiple trauma.
SOOTIJ _PLI&MX jOjg1jAka1gE R. DeC D N S h.D. P.
Treated this claimant on 6/22/87 for complaints of headaches,
neck, low back pain and rendered an orthopedic examination.
Claimant was diagnosed as follows:
1) Soft tissue pathology of the cervical and thoracolumbar
}
spine.
2) Post -traumatic cephalgia.
rt
This claimant was discharged and rated with an 8 to 10% permanent
�-
impairmant to the whole person.4
x=
j
91-- 453
_
5
x
H
.F3
k
iZ
?��
A%
K
r
S
�x
k}
�S
Jorge L. Fernandet and -3- December 19, 1989
Members of The Tort Committee
RATEJ A t30t
Stephen 1. Ticktin, M.D., P.A. 3/27/87 thru
$2,939.00
5/15/87 30 P.T'S
South Miami Hospital/
Mike R. DeCardenas, M.D., P.A. 6/22/87 240.00
Diagnostic Radiology 3/13/87 430.00
i
t
Total 3 609.00
Otilia Acosta, 55 years of age, D/O/B 2/28/34, female, married to
Gregorio Acosta and resides at 4040 West 6th Avenue, Hialeah,
Florida 33012.
Her occupation is listed as a supervisor. Her social security
number is 261-96-3153.
She was not in the vehicle at the time of the accident.
Claimant is being represented by the Law Firm of Jugo & Murphy
located at Two Datran Center, Suite 1609, 9130 South Dadeland
' Boulevard in Miami, Florida 33156.
A claim is being pursued for loss of consortium.
EVALUATION
The plaintiff attorney has made a demand of $15,000.00 to settle
his clients bodily injury claim.
It is recommended that an amount of $5,500.00 be extended for the
bodily injury claim on claimant #1 and $500.00 for the loss of
consortium claim on claimant #2 for negotiation and settlement
purposes.
PDW/TMC/cmj
k
� S
s
,3
s
t k�
APPROVED/DISAPPROVED-Settlement Authority.
Jorge L. Fernandez
City Attorney
A• Quinn Jones, III
Deputy City Attorney
Alejandro Vilarello
�' Chief Assistant City Attorney
Charles C. Mays
Assistant City Attorney
Leon M. Firtel
Assistant City Attorney
Christopher Kurtz
Assistant City Attorney
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
of the City Commission
FROM :
I*
Jorge L. Fernandez
Cit Att
(Settlement underd�
DATE : April 1, 1991 FILE
SUBJECT : Pablo Guerra vs. The
City of Miami
Claim No. 017/V-89-212
REFERENCES D/A: May 25, 1989
y orney Settlement Authority
ENCLOSURES
This memorandum is written pursuant to the requirements of
Ordinance No. 10071, which authorizes the City Attorney to
approve the settlement of lawsuits when the amount of the
settlement does not exceed $25,000.00.
Attached you will find a settlement memorandum circulated in
the Law Department concerning the above -referenced matter. The
case involves an incident in which the claimant was walking
westbound on S.W. 7th Street, crossing S.W. 29th Avenue, and was
truck by a crane operated by an employee of the City of Miami
Solid Waste Department.
As a result of the crane striking the claimant, Mr. Guerra
fell and struck his head. Claimant incurred medical expenses of
approximately $8,500.00 and permanent. disability rating of 1.0%.
The amount of settlement is $35,000.00.
This claim has been investigated by Risk Management and the
Tort Committee of the Law Department and both concur that the
settlement of this case as described in the attached settlement
memorandum is in the best interest of the City. Provided that
your express no objections by April 11, 1991, a check in the
amount of $35,000.00 will be processed for payment to Pablo
Guerra and Jerry B. Katzen, Esq. in settlement of his claim and
his attorney.
91--
(Settlement over $25000)
Ji
CITY OF MIAMI, FLORIDA
INTEROFFICE MEMORANDUM
tO Honorable Mayor and Members DATE April 1, 1991 FILE:
of the City Commission
SUBJECT : Resolution Authorizing
Settlement with GUERRA
Claim No. 017//V-89-212
FROM : REFERENCES: D /A : May 2 5 , ]. 9 8 9
Jorge L. Fernandez City Commission Agenda
City Attorney ENCLOSURES: April 11, 1991
Attached is a proposed Resolution authorizing the Director
of Finance to pay Pablo Guerra, without admission of liability,
the sum of $35,000, in full and complete settlement of any and
all claims and demands against the City of Miami, upon the
execution of a Release of All Claims, releasing the City of Miami
from any and all claims and demands.
The complete evaluation of this claim is contained in the
attached Tort Committee settlement memorandum. In brief, the
claimant was walking westbound on S.W. 7th Street, crossing S.W.
29th Avenue, and was struck by a crane operated by an employee of _
the City of Miami Solid Waste Department. As a result, Mr.
Guerra fell and struck his head. Claimant incurred medical
expenses of approximately $8,500.00 and a permanent disability
rating of 30%.
This claim has been investigated by the Tort Committee (Tort _
Committee authorization enclosed), approved by the Risk
Management Division of the Department of Personnel Management,
and is hereby recommended by this office.