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Home My WebLink AboutR-87-0227d-87-268 3/11/87 RESOLUTION NO. 137-227 A RESOLUTION AUTHORIZING PAYMENT OF $160,000 TO ATTORNEY RICHARD SICKING IN COMPLETE SETTLEMENT OF ATTORNEY'S FEES INCURRED BY THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 687, IN CONNECTION WITH THE GATES CASE AND RELATED PENSION LITIGATION, SAID MONIES BEING ALLOCATED FROM THE SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. WHEREAS, the City of Miami recently settled its long standing dispute and controversy over the funding of its employee retirement program through a court ordered settlement in litigation known as the nATRR case; and WHEREAS, all claims for attorney fees resulting from said controversy were settled by Court Order in dune, 1986, with the exception of the fees for counsel representing the City firefighters' collective bargaining unit; and WHEREAS, the record reflects that a total of 1800 hours were spent by attorney Richard Sicking, in connection with the GATES. case and related pension litigation involving the International Firefighters Association, Local 587, covering a period of five years (1980-1988); and WHEREAS, the sum of $160,000 represents a reasonable compromise of said counsel's original demand of $1,100,000; and WHEREAS, payment of this settlement amount is recommended by the City Attorney and the City's outside counsel handling this { matter; J j NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Payment of $180,000 to Attorney Richard j Sicking in complete settlement of attorney fees incurred by the International Association of Firefighters, Local 687, in connection with the GATES case and related pension litigation is hereby authorized, said monies being hereby allocated from the Special Programs and Accounts, Contingent Fund. CITY COMMISSION MEETING OF MAR 13 1987 IN No. 8772 72 PASSED AND ADOPTED this 13th day of March 1987. $AVIER L. SUAR , MAYOR ATT$S� MAT Y HIRAI CITY CLERK PREPARED AND APPROVED BY: )e ROBERT F. CLERK CHIEF DEPUTY CITY ATTORNEY 1 APPROV"Al TO FORM AND CORRECTNESS: LUCIA' A . DOUG: CITY ATTORNEY RFC:bss:M360 8'7-227 0 CITY OF MIAMI, FLORIDA INTEROFFICE MEMORANDUM To. RROM HonorabY4 Mayor and Members Of theltity Commission DWI& I A . Dougherty City Attorney CITE: March 11, 1987 R'LEd-87-285 SUBJECT Settlement Payment REFERENCES. Richard Sicking, Esq. ENCLOSURES. (I Since 1980, Richard Sicking, Esq. has represented the City firefighter's collective bargaining unit, the international Assooia'tion of Firefighters', Local 887, in a dispute and controversy over the issues of an appropriate pension funding mechanism, unfunded liability, and the variable annuity. Following the settlement and disposition of the r-ATHR case by Court Order in dune, 1986, the claim of Mr. Sicking has been the subject of extended negotiations. The attorney's original entitlement to payment of fees is supported by his successful efforts in intervening in litigation as early as 1980, which blocked implementation of a City ordinance that would have established a new Hoard of Trustees for the City retirement program with a different composition and greatly modified powers. From an original demand of $1,100,000 for the 1800 hours reflected in the Court record, there has been a proposed settlement reached in the amount of $160,000. Payment of this amount is recommended as a reasonable compromise by both this office and the City's outside counsel which has handled this matter. The attached proposed resolution will implement the recommended settlement. LAD/RFC/bss/P347 cc: Cesar H. Odic, City Manager 8'7-227 LAW ORWICts FLOYD PEARSON RICHMAN GREEN WEIL ZACK i BRUMBAUGH 0 "GUM L.ILOTO �TIM►1.00 i�xam 1%, TTNOMAO Himstt 14 *% wwasse mWant ALAN 0. oRttw ALAM O. /INt 1111NNtTM J. WOL - �- RT SSENMY STa"Im I& VWA U E l � - ODAUWS k MMONTER mum JOHN M. oRYM6A St"MA CLAIM LICIT �' V CURYIM J. MASS .L WILEY NICKS ANORtw J YIRASITO MOMENT 2ARCO a OA101E1. POMCa ERMESTO A OE LA K SRUCe A. CHRISTENSEN MICHAEL A. MAN=MAN lCOTT O. SHE/TALL SALLY R.00ERNER MERMAN J. RUSSOMANNO ROSERT J. IIORE CHARLES KJOMNSON SUSAM 116 LAMASRY ROSERT C. LEVINE HAND DELIVERED Lucia Dougherty, Esquire City Attorney's Office 169 E. Flagler Street Miami, Florida 33131 AAO/SSSIONAL ASSOCIATION ONt WISCAYNL TOW<R TWENTY-IIRTM /LOOK MIAMI, FLORIDA 33131.1648 SOS 377-0241 @00WARD SOS 923-4207 T9L9x 520006-TRIAL March 5, 1987 Re: City of Miami ays. Gates Our File No. 10915 SNZ/BCL/CJM Dear Lucia: CHARLE0 A.INTRIA00 Or COUNSEL-MIAMI WARREN L. MILLER, R. C.• O► COUNtE►•O. C. SUIT! 1000 1200 ISLE ST. NW WASMINOTON/ O. C. 20050 202 223-OSSS •uCENs[0 TO PRACTICC IN WASHINGTON. 0. C. ANO VIR0141A ONLY Richard Sicking's fees in the above referenced matter have been outstanding since June of 1985 when all questions on attorneys fees were settled with counsels representing the other Defendants in this case. Mr. Sicking's original demand was for $350,000 for the 1500 hours which he stated he had worked on in this case from July 23, 01980 through May 30, 1985. Mr. Sicking has spent an additional several hundred hours attempting to collect his attorneys fees. As you know the City was successful in having the Court deny his claim for additional fees for work performed in collecting his fees. Negotiations have been ongoing since the original demand for $350,000. Our position has always been to compensate Mr. Sicking at the same rate paid to the attorneys representing the other union defendants, which was $100.00 per hour. Mr. Sicking has insisted on a contingency fee factor which we consistently refused to accept. Mr. Sicking has accepted our terms and conditions of settlement whereby he will receive $160,000 for all work performed and he shall be responsible for payment of all his costs. In view of the fact that Mr. Sicking has received virtually no money for over seven years in his representation of his clients, and in view of the number of hours he has worked on this matter, I believe this settlement is fair to all the parties concerned and recommend it to you. March 5, 1987 Page 2 SNZ:ao If you have any questions, please feel free to contact me. ruly yours, Mr. r►AI `� S%TEPHSTEPH -N. ZACK h FLOYD PEARSON RICHMAN GREER WEIL ZACK S ORUMeAUGH PNO►686I0NA6 AGGOCIATION 8'7-22'7