HomeMy WebLinkAboutR-82-08381
RESOLUTION NO. 8 2_ 8 3 8
A RESOLUTION APPROVING AND AUTHORIZING THE
EXPENDITURE OF AN AMOUNT NOT TO EXCEED $10,000
FOR EXPENSES INCURRED IN CONNECTION WITH THE
LEGAL REPRESENTATION OF THE CITY BY THE. SPECIAL
LEAD COUNSEL APPOINTED BY THE COURT, JOHN E.
FLAHERTY OF THE FIRM OF DECHERT PRICE & RHOADS,
IN THE CASE OF FERRE, ETC., ET AL. V. KLUTZNICK,
ETC., ET AL., PRESENTLY PENDING AS CONSOLIDATED
MULTI -DISTRICT LITIGATION IN THE U.S. DISTRICT
COURT FOR THE DISTRICT OF MARYLAND (CASE IIMDL 444)
WHERE THE CITY HAS CHALLENGED THE FEDERAL CENSUS
BUREAU'S DECENNIAL CENSUS FIGURES; SAID SUM
BEING IN ADDITION TO THE $3,986.46 PREVIOUSLY
PAID SAID LEAD COUNSEL FOR SERVICES FROM
MARCH 18, 1981 THROUGH MAY 31, 1982, USING
MONIES THEREFOR FROM SPECIAL PROGRAMS AND
ACCOUNTS - CONTINGENT FUND.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The expenditure of an amount not to exceed
$10,000 for expenses incurred in connection with the legal
representation of the City of Miami by the special lead
counsel appointed by the Court, John E. Flaherty of the firm
of Dechert Price & Rhoads,in the case of Ferre, etc., et al.
v. Klutznick, etc., et al., presently pending as consolidated
multi -district litigation in the U.S. District court for the
District of Maryland (Case #MDL 444) where the City has
challenged the Federal Census Bureau's Decennial Census
figures, said sum being in addition to the $3,986.46 pre-
viously paid said lead counsel for services from March 18,
1981 through May 31, 1982, is hereby approved and author-
ized, using monies therefor from Special Programs and Ac-
counts - Contingent Fund.
PASSED AND ADOPTED this 9TH day of SEPTEMBER
MAURICE A. FERRE
M A Y 0 R
ATTEST:
:,TLPVG. GIE, CITY CLE
. 1982.
CITY COMMISSION
MEETING OF
S E P {�9 1982
RE,SW.UTION �.2«���C
KIL14M ............................
PREPARED AND APPROVED BY:
ROBERT F. CLARK
DEPUTY CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GARCIA-PEDROSA
/O4SE-R.
ITY ATTORNEY
-2-
82-938
66 C
,c Honorable Mayor and Members August 27, 1982
of the City Commission
Census Litigation
/icois
e R. Garcia -Pedrosa Proposed Funding Resolution
tv Attorney
As you may remember, our case was consolidated for pre-trial
purposes with many other cases. This consolidation was
made over our objections. The Judge in the consolidated
cases has ordered that John E. Flaherty, Jr. of the Phila-
delphia firm of Dechert Price & Rhoads be national lead
counsel and that he be paid an attorneys fee by each plain-
tiff pursuant to a Court -ordered formula. Mr. Flaherty
essentially performs legal services which are common to
all plaintiffs. Our office still retains responsibility for
preparation of the purely local strategies and measures
which we seek to have implemented. The City's share of
the lead counsel's attorneys fee has already amounted to
$3,986.46. The present request for additional authorized
funding, as reflected by the attached proposed resolution,
is necessary to insure continued representation of the
City's interest.
Since our last update to you on this litigation, there has
been an adverse decision from the United States Supreme
Court in the case involving Denver, Colorado and Essex
County, New Jersey dealing with the availability of master
address registers. These master address registers are the
key piece of evidence in a mismanagement case such as ours;
although our case is also predicated on an undercount theory.
The Supreme Court has unanimously held that the plaintiffs
were not entitled to these registers.
Also, since our last update, the State of Indiana has sued
the Census Bureau in the United States District Court for
the Southern District of Indiana, alleging that the State of
Florida received a congressional seat that Indiana should
have received. We have timely moved to intervene in that
case. As of this date, our Motion has neither been granted
nor denied. Jim Smith, the Florida Attorney General, has
also moved to intervene; his Motion has not yet been granted
nor denied.
JGP/RFC/rr
cc: }Toward V. Gary, City Manager
Ralph G. Ongie, City Clerk
82-838