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HomeMy WebLinkAboutR-88-0554j-88-470 5/26/88 RESOLUTION N0.'"' A RE; ULtITION WAIVING, Ry A 4/5THS VOTE OF THE CITY COMMISSION AFTPR A DULY AP`P RTTSEC PUALIC HEARING, THE PROP18ITION CONTAINED IN CITY CODE SECTION 2-302 AS IT APPLIES TO THE MIAMI SPORTS AND EXHIBITION AUTHORITY AGREEMENT WITH HOLL.AND AND KNIGHT FOR THE PURPOSE OF RETAINING CHRISTOPHER 0. KORGE AS GENERAL COUNSEL FOR SAID AUTHORITY. WHEREAS, in June, 1988, Assistant City Attorney Christopher G. Korge will resign from the Miami City Attorney's Office; and WHEREAS, upon being so designated by the City Attorney, Christopher G. Korge has been serving as General Counsel for the Miami Sports and Exhibition Authority (MSEA) since October 1986, during which time and in such capacity he has provided the Authority with all of its legal services; and WHEREAS, Christopher G. Korge is intrinsically involved in complex and ongoing MSEA legal matters; and WHEREAS, to insure continuity and efficiency, it is necessary that Christopher G. Korge be retained by MSEA as General Counsel for said Authority; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The findings and recitals contained in the Preamble to this Resolution are hereby incorporated by reference thereto as if fully set forth in this Section. Section 2. The authorization set forth in Section 3 hereof is based upon the following findings: (a) The services of Christopher G. Korge are unique in character as they relate to providing legal services for the Miami Sports and Exhibition Authority. (b) The MSEA cannot make use of such services without violating City Code Section 2-302 were there not a waiver of the prohibition contained in said Section. CITY COMMISSION MEETING OF JUN 9 1988 RESOLUTION No. 38-5 REMARKS: (c) The proposed agreement for such services will be in the best interest of the City of Miami and MSEA due to the special expertise gained by said Christopher G. Korge during his singular participation in MSEA legal matters while employed by the City. Section 3. Based upon the findings set forth in Section 2 herein, the prohibition contained in City Code Section 2-302 as the same applies to Christopher G. Korge acting as General Counsel for the MSEA is hereby waived. PASSED AND ADOPTED this 9th day of ne 88. ATTES�I Gam^- XAVIER L. S A EZ, MAYOR _ MATTW H I RA I City Clerk PREPARED AND APPROVED BY: i ROBERT F. CLARK Chief Deputy City Attorney RFC/wpc/rd/pb/M710 APPROVED AS TO FORM AND CORJECTNE5;j^ JOR(`E IT. P7NANDFZ City/Attornev - 2- AB- !i5'1 M CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANCIUM TO Honorable Mayor and Members of the Miami City Commission Ct FROM / ! 1J•._t-+-�. _i./r- Jorge L4ney ernandez City A DATE May 31, 1988 Mt. SUBJECT Conflict of Interest Waiver for the Rendering of Legal Services by REFERENCES Christopher G. Korge ENCLOSURES. On May 24, 1988, the Miami Sports and Exhibition Authority (the "Authority") adopted a resolution authorizing the Executive Director and Chairman of the Authority, with the City Attorney's approval, to enter into a Professional Service Agreement with Holland & Knight for the purpose of retaining Christopher G. Korge as the Authority's Counsel. The Authority's resolution was unanimously approved subject to any necessary conflict of interest waiver by the City Commission. Section 2-302 of the Code of the City of Miami provides that a conflict of interest exists if the Authority enters into a contract with a City employee within two years after such employee has left City service. Section 2-304 of the Code of the City of Miami provides, however, that a conflict of interest may be waived by an affirmative vote of four -fifths (4/5) of the members of the City Commission after a public hearing. Therefore, this i t e hein� brought before you for your cons id=ration. JLF/rd/M091 88-SS4