HomeMy WebLinkAboutR-85-108211
6
J-85-1029
t..
RESOLUTION NO. 6.j�-� t�A• _
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
EMPLOY GEORGE F. KNOX, ESQ., AND ALAN
ROSENTHAL, ESQ., AS SPECIAL COUNSEL TO THE
CIVIL SERVICE BOARD AND TO THE CODE
ENFORCEMENT BOARn, RESPECTIVELY, WITH
COMPENSATION FOR THE SERVICES OF SAID
ATTORNEYS BEING ALLOCATED FROM BUDGETED FUNDS
OF SAID BOARDS AND AUTHORIZING THE
COMMENCEMENT OF SAID ATTORNEYS' SERVICES UPON
THE NEGOTIATION AND EXECUTION OF CONTRACTS
ACCEPTABLE TO THE CITY ATTORNEY, SUBJECT TO
THE AVAILABILITY OF FUNDS.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, PLORIDA:
Section 1. The retention of the following attorneys, as
recommended by the City Attorney, to serve as special counsel to
the Civil Service Board and to the Code Enforcement Board, is
hereby approved with compensation for the services of said
attorneys being hereby allocated from budgeted funds of said
Boards and the services of said attorneys are hereby authorized to
commence upon the negotiation and execution of contracts
acceptable to the City Attorney, subject to the availability of
funds.
1. Civil Service Board -- George F. Knox, Esq.
2. Code Enforcement Board -- Alan Rosenthal, Esq.
PASSED AND ADOPTED this 24th day of OCTOBER , 1985.
PREPARED AND APPROVED BY:
R BERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
t
a
APPROV
1
LUC IA A. D
RFC/rr/199
g
RM AND CORRECTNESS:
RTY,
EY
MAURICE A. FERRE
MAURICE A. FERRE
MAYOR
' CITY COMMISSION
MEETING OF
OCT 24 1985
-10
QAt No, 8 S +�
CITY OF MIAM1, FLORIDA
INTER -OFFICE MEMORANDUM
TO, Honorable Mayor and Members
of the City Commission
i
FROM: / ucia A. Dougherty
City Attorney
LJ
19
DATE: October 4, 1985 FILE. A-85-197
SUBJECT: City Administrative Boards --
Legal Counsel
REFERENCES: Code Enforcement Board and
Civil Service Board
ENCLOSURES: (2 )
On August 6, 1985, City Manager Sergio Pereira forwarded the
attached memorandum dated June 25, 1985 from Peter S. Padowitz,
Chairman of the Code Enforcement Board, requesting special
counsel to represent the Board. Florida Statutes 162.05 provides
that the City Attorney shall either be counsel to the Code
Enforcement Board or shall represent the municipality by
presenting cases before the Code Enforcement Board, but in no
case shall the City Attorney serve in both capacities. It was
determined when the Code Enforcement Board was established that
the Office of the City Attorney would present cases before the
Code Enforcement Board. See City of Miami Code Section 2-392.
Hence, the Office of the City Attorney may not serve as legal
counsel to the Board. The City Code, however, does provide for
the retention of special counsel. Special counsel, as approved
by the City Attorney, can be paid from an allocation for that
particular purpose in the budget of the Planning and Zoning
Boards Administration Department.
Likewise, the Civil Service Board on repeated occasions has
requested legal counsel and the City Attorney's Office is unable,
by law, to represent the Board and the City Departments
simultaneously in matters pending before the Board. Special
counsel to the Civil Service Board, as approved by the City
Attorney, can be paid from an allocation for that particular
purpose in the budget of the Civil Service Board Office.
For the reasons set forth above, it is recommended that you adopt
the attached resolution authorizing the following lawyers to be
retained by the City to serve as counsel to the above
Boards: (1) George F. Knox, Esq., Civil Service Board; and
(2) Alan Rosenthal, Esq., Code Enforcement Board. The
compensation for and commencement of such services shall begin
upon the City Attorney's negotiation and execution of contracts
for the same in a form acceptable to the City Attorney, subject
to the availability of funds.
LAD/JJC/r r/ 2 00
Honorable Mayor and Members October 4, 1985
of the City Commission
Page 2
cc: City Manager
Chairman, Code Enforcement Board
Executive Director, Civil Service Board
8V y1082
i
Cl+q OF MIAMI, FLORIbj
INTER-OFFICrk;iM R,4NDUM
TO: Sergio Pereira °�5 DATE June 25, 1985
FILE
City Manager
SUBJELt Code Enforcement Board
Legal Counsel
Fmom. Peter S. Padowitz
ICodd/ Enf
REFERENCES
ENCLOBURCS.
On December 17, 1980, the City of Miami Commission adopted Ordinance 9224,
thereby creating a Code Enforcement Board. As prescribed by the enabling
state statutes, this Board acts in the same capacity as the former munici-
pal courts, and often hears cases in which both the prosecution and respond -
dents are represented by attorneys. This has lead to questions of legality
of procedures at times, which the Board has had to make determinations on
without the benefit of legal counsel.
I as Chairman of this Board, have contacted both retired judges and the
Florida Bar Association to determine if legal services might be donated or
volunteered free of charge, but have located no one. The Board therefore,
at its meeting of June 12, 19B5, voted unanimously to urge the provision of
legal counsel for this Board by the City of Miami.
I will make myself available to discuss and assist in this matter in any
way possible.
f
cc: Walter Pierce
Assistant City Manager
I
;.3
� LP 40