HomeMy WebLinkAboutItem #35 - Discussion ItemC
CITY OF MAW FLORIDA
INTER -OFFICE MEMORANDUM
To Honorable Members of the
City Commission
FROM G rge F. Knox_�,Jt.
C y Attorney
')A, r January 130 1982 FILE
Evaluation - City Attorney
PEFERENCFS Departmental Report
t '�C:LU4URES
This report concerns the fiscal year ending September 30,
1981 and also addresses certain matters which have taken
place since October 1, 1981.
PERSONNEL
At present, the professional staff of the Law Department
consists of the City Attorney, 2 Deputy City Attorneys
and 11 Assistant City Attorneys. Included are 3 Females,
3 Blacks and 2 Latins.
The secretarial and word processing staff is composed of
9 women and 1 man, including 2 Latins and 2 Blacks.
The professional investigative staff consists of a super-
visor and 2 legal investigators. Also included in this
staff are 1 Black and 1 Latin investigator and 1 male
typist -clerk, the latter doing the work customarily done
by women.
Legal research is conducted by 2 law clerks, 1 of whom is
Black.
The administrative staff consists of an Administrative Aide
position which is filled by a Black Female and 2 clerk posi-
tions which are filled by Latin Males.
The Law Department has a total of 31 employees which
includes 7 Blacks and 5 Latins, representing more than
25% minority representation.
In connection with special outside counsel engaged by the
City, the attached list dated December 21, 1981 (ATTACH-
MENT #1) reflects this activity and also sets forth the
dollar amount involved. The listing does not include counsel
--
M
Honorable Members of the -2- Evaluation City Attorney
City Commission Departmental Report
January 13, 1982
retained in special and workers compensation tort litigation
nor the bond counsel firm of Brown, Wood, Ivy, etc. It does
not list the law firm of Steel Hector & Davis which has re-
cently been engaged to assist in matters affecting the City of
Miami/University of Miami James L. Knight International Center
and also to assist in the land acquisition for the public
parking facility in Core Area West.
OPINIONS
During the fiscal year October 1, 1980 through September 30,
1981, in addition to innumerable conferences with city officials
concerning municipal affairs, of which no formal record is kept,
this Department rendered 99 written legal opinions involving
considerable legal research on questions of law concerning city
government.
ORDINANCES AND RESOLUTIONS
During the fiscal year the Law Department prepared and reviewed
183 Ordinances and 1,047 Resolutions.
POLICE DEPARTMENT LEGAL UNIT
One attorney is assigned on a full-time basis to advise and
render assistance to the Police Department in all areas of
responsibility. This attorney provided direct support to the
police officer in the field and was available on a 24-hour
basis to answer questions concerning every conceivable aspect
of the duties of a police officer in an operational status.
Search warrant preparation, discussions on tactics which will
provide legal sufficiency for arrests and convictions and
liaison with the State Attorney's Office to determine when and
why the State Attorney's Office will refuse to prosecute a
case which appears to be legally sufficient are some of the
day-to-day duties of this attorney.
Another member of our staff, a senior trial torts attorney,
has been assigned the duty of reporting to all scenes where
there has been a discharge of a police weapon and also of
responding, with legal investigators, to incidents where
Honorable Members of the -3- Evaluation - City Attorney
City Commission Departmental Report
January 13, 1982
alleged police brutality has taken place. In conjunction
with the full-time Police Legal Advisor, this staff member
has handled numerous training sessions with the Police Depart-
ment, reviewing potential liability on an individual basis and
the liability of the City.
REGULATION AND CODE ENFORCEMENT
In the area of municipal prosecution of building code and zon-
ing violations, there are currently 70 open -active cases on
both the trial and appellate levels. There were 21 such court
cases closed during the fiscal year
With respect to the City's anti -pornography effort, there are
12 active -pending court cases in both the state and federal
courts on the trial and appellate levels. During the fiscal
year, 20 such cases were closed, with 16 being concluded in
favor of the City.
Illustrative of our effort in this area is the following case:
_L.B.T., Inc. v. City of Miami
Federal Civil Rights Suit
Case No. 81-315-CIV-EPS
First Amendment suit filed against the City of Miami in
Federal District Court. Case was filed in response to the
City's enforcement actions against the adult book and movie
stores challenging the City's new Occupational License Ordi-
nance. The City filed 17 Memorandums of Law in support of
its Motions to Dismiss. District Judge Eugene Spellman after
a hearing dismissed the suit on July 7, 1981. The plaintiffs
did not appeal the case.
As a result of successful litigation against adult book and
movie stores, 9 such operations have ceased doing business
in the City. We were also successful in preventing the
establishment of a live sex show in the downtown area by
prevailing in litigation that had been filed against the City.
Our office drafted legislation that created the Code Enforce-
ment Board which the City Commission enacted (Ordinance No.
9224, November 12, 1980) and the City Commission is now in
the process of selecting Board members to hear cases that
Honorable Members of the -4- Evaluation -- City Attorney
City Commission Departmental Report
January 13, 1982
-------------------------------------------------------------
REGULATION AND CODE ENFORCEMENT (Cont'd)
will be brought before it. The drafting of all notices, sub-
poenas and orders needed for the operation of the Board has
been completed. Further, ordinances amending Chapter 31 of
the City Code dealing with Occupational Licenses have been
prepared and adopted which now allow the City to revoke the
licenses of bars which have had numerous homicides committed
on their premises.
REAL ESTATE
The Real Estate Division of our Department prepares all ordi-
nances and resolutions for the City Commission meetings devoted
to consideration of planning and zoning items. In addition,
the Real Estate Division is responsible for the preparation of
all ordinances and resolutions related to real estate acquisi-
tions, bonds, covenants, leases, and contracts in the area of
real estate. This Division also gives advice and counsel to
the Zoning Board, Planning Advisory Board, Environmental Pres-
ervation Review Board, the Urban Development Review Board and
the Plat and Street Committee. An attorney from the Real
Estate Division reguarly attends meetings of these Boards.
The Real Estate Division routinely gives advice and confers
with the following Departments: Building and Zoning Inspection
Community Development, Parks, Planning, Planning and Zoning
Boards Administration and Public Works. This Division has
reviewed approximately 97 covenants running with the land,
49 deeds received by the City for rights -of -way and 25 plats
accepted by the City as well as over 47 easements and other
legal documents dealing with real estate.
ASSIGNMENTS AND CONTRACTS
During the fiscal year, 286 written requests for information
that were not classified as requests for legal opinions were
received by our Department requiring research and written
responses. These requests emanated from the Mayor, City
Commissioners, City Manager, Department Heads, Assistant
Department Heads, private citizens, private and governmental
attorneys, and all branches of City government.
During the fiscal year, 492 contracts were prepared and approved,
in addition to 216 contracts for the use of City facilities.
Honorable Members of the -5- Evaluation - City Attorney
City Commission Departmental Report
January 13, 1982
SELF-INSURANCE PROGRAM CLAIMS
The Self -Insurance Claim Division of the Law Department inves-
tigates all claims failed against the City for areas without
applicable insurance coverage.
In the event of litigation, investigative assistance is pro-
vided by the legal staff, pending ultimate disposition of the
case.
The attached tabulation (ATTACHMENT #2) reflects pertinent
information for the fiscal year's operation of the vehicle
fleet and for the areas of police liability and general lia-
bility within City facilities.
Parks are provided insurance coverage by an insurance policy.
3 attorneys are assigned primarily to defend the City, its
officers and employees in the defense of tort cases which
have been brought where the City, its officers and employees,
are named as parties -defendant. 103 such lawsuits are in
active litigation, the handling of which includes initial
review, review of investigative material, preparation of
lawsuits and responsive pleadings, handling of discovery,
including interrogatories, requests for production, deposi-
tions, etc., and settlement negotiations and, if necessary,
ultimate trial and preparation for appeal. The City Attorney
is a member of the Self -Insurance Committee which is charged
with the responsibility for basic administration of the City
of Miami's Self -Insurance Trust Fund.
A member of our staff in conjunction with the Public Works
Department has worked extensively with the Underground Utili-
ties Notification Center and has attended monthly meetings of
this body. We have also assisted in the development of a
county -wide ordinance in this regard. Our office has assisted
the Center's counsel in developing methods of providing a
"not -for -profit" incorporated status of the Center in order
to obtain protection from potential civil liability.
WORKERS' COMPENSATION
Our responsibility in this area covers all Workers' Compen-
sation Claims and litigation, Special Disability Trust Fund
Claims and 3rd-party cases both on the trial and appellate
1 %
Honorable Members of the -6- Evaluation - City Attorney
City Commission Departmental Report
January 130 1982
WORKERS' COMPENSATION (Cont'd)
levels. A member of this department reviews potential claims
when requested by the administrative personnel of Risk Manage-
ment regarding the City's legal obligations relative to medical
and/or compensation benefits. This entails constant inter-
action with claimants' counsel, Workers' Compensation Adminis-
trators, employees' departments, City Doctor, and authorized
treating physicians relative to these cases, involving research
and review of statutory provisions. In addition, our respon-
sibility includes representing the City at Circuit Court Equit-
able Distribution Hearings involving collection of City subro-
gation insurance company liens where 3rd-party litigation has
been filed. These collections numbered approximately 35 cases
during the fiscal year.
There were 113 active Workers' Compensation Claims handled
during this period with 15 being closed during the year and
13 being handled on the appellate level. Outside counsel was
retained in 16 of these cases with 4 such cases being handled
on the appellate level.
Additionally, this office represented the City in 39 claims
against the State of Florida Special Disability Trust Fund.
This state program has been set up to encourage hiring and
maintaining of disabled persons and permits employers in
proper cases to recover that portion of benefits paid which
has resulted from the employee's prior disability or handi-
cap. These claims against the state fund are similar in
nature to Workers' Compensation Litigation proceedings with
the exception being that the City acts as the plaintiff in
pursuing the claim.
CIVIL SERVICE
This office assists all City Departments in the imposition
of employee discipline. During the fiscal year, this office
prepared over 150 disciplinary letters for Department Directors'
signatures. Our office also represents the Department Direc-
tor in all disciplinary hearings before the Civil Service Board
and serves as counsel to the Civil Service Board in all nondis-
ciplinary matters. We defend the Civil Service Board and its
members in all suits where they are named as defendants. There
are presently pending approximately 7 cases involving matters
such as tenure, pay, and sick leave.
1 .1
Honorable Members of the -7- Evaluation - City Attorney
City Commission Departmental Report
January 13, 1982
PENSION
The City Attorney is legal counsel to both retirement boards
in the City's pension program. This office defends the board
members in all suits where they are named as defendants and a
staff member is assigned to attend all meetings of said boards.
SPECIAL INTEREST MATTERS
Because of the virtual impossibility of reporting on each and
every item occurring in this time period and due to our having
maintained communication with the City Commission throughout the
year by periodic and timely reports, no exhaustive treatment of
all past developments is contained herein. However, a copy of
my November 3, 1981 memorandum setting forth significant cases
(ATTACHMENT #3) is attached hereto for the benefit of the 2
recently elected members of the Commission. A more detailed and
current presentation of most matters contained in said memoran-
dum and other timely items will be provided in the herein report.
A separate special report by our office is being prepared for
tomorrow's meeting in response to the Mayor's request at the
Commission meeting of November 12, 1981. This will concern the
problem of community crime control and address the Criminal
Justice System in Dade County, including my submission of
detailed reports from agencies actively engaged in this sphere
of governmental activity. This report will also include an
assessment of consumer -oriented issues relevant to the citizens
of the City of Miami which is also being conducted by our office
for City Commission consideration and review.
The legality of Dade County's ordinance regulating and licens-
ing taxicabs within the City is still being litigated by our
office as well as the attorney for the City of Miami Beach.
Our office has just filed a petition in the Florida Supreme
Court requesting that it take jurisdiction and review the Third
District Court of Appeal ruling in favor of the County on this
question.
In connection with the City's grant of a cable television
license, you have already been informed by our December 24,
1981 memorandum that the Third District Court of Appeal has
ruled in favor of the City and upheld the lower court's dis-
missal of the declaratory judgment and injunction action in
the case of Wellington Rolle v. City of Miami.
It 0
Hohorable Members of the -8- Evaluation - City Attorney
City Commission Departmental Report
January 130 1982
SPECIAL INTEREST MATTERS (Cont'd)
Our legal opinion on the question regarding TCl/Knight Ridder's
joint venture which was presented at the last Commission Meet-
ing was rendered yesterday (MIA-82-02).
Yesterday, Circuit Court Judge Edward Moore entered his written
Order denying the motion of the Orange Bowl Committee for a
preliminary injunction against the sale of beer in the Orange
Bowl Stadium during this year's Orange Bowl Game (Circuit Court
Case 81-22052). The lawsuit had been filed against the Miami
Dolphins as well as the City and the Judge's Order, as you
know, had been announced earlier following a protracted hear-
ing which extended into the evening of the day prior to the
event.
Last week, we concluded our assignment in connection with the
City Commission's investigation of the selection process for
engineering services for the construction of improvements to
the 1)inner Key Marina. A copy of our memorandum to the State
Attorney dated January 8, 1982 has already been distributed to
you.
A recent case of interest has been filed by Biscayne Sailboats
Rental, Inc. and Allen Bliss alleging unlawful interference
with business and conspiracy by defendants including Biscayne
Recreation Development Company and former City Manager Richard
L. Fosmoen (Circuit Court Case No. 81-18824). The attorney
for Biscayne Recreation originally answered on behalf of all
defendants but subsequently moved to correct the pleadings so
as to appear only for Biscayne Recreation. We have filed a
motion to dismiss on behalf of Mr. Fosmoen.
There is a case presently pending for injunctive relief and
damages resulting from an increase in occupational license
taxes pursuant to City ordinance (Florida Retail Federation v.
City of Miami, Circuit Court Case No. 81-1134). The increased
taxes were challenged by a class action consisting of retail
merchants. The Court has indicated that we may expect an
adverse ruling but no final judgment has as yet been signed.
The case will be appealed when and if an adverse final judg-
ment is entered.
•'
Honorable Members of the -9- Evaluation - City Attorney
City Commission Departmental Report
January 13, 1982
SPECIAL INTEREST MATTERS (Cont'd)
There is also pending a case which involves a claim by the Federal
Government resulting from the collapse of the Unger Building
(which was occupied by the Bureau of Narcotics and Dangerous
Drugs; the present DEA). Extensive discovery has been underway
for some time and the trial is presently set for late January
1982. It is anticipated that the City of Miami will ultimately
prevail in this action, which is based upon an alleged contract,
created by a public trust resulting from City of Miami Ordinances
which require the City's Building and Zoning Inspection Depart-
ment to inspect construction sites. The case (United States of
America v. City of Miami, et al., Circuit Court Case No. 77-1961)
was brought as a contract action since the Statute of Limitations
on negligence actions had previously expired. The Assistant
United States Attorney handling this case concurs that there is
a great likelihood that the City will prevail, and is attempting
to obtain permission from Washington to dismiss the City.
Because of the timely nature of certain other significant items
and the special concern of the City Commission, a separate
schedule has been prepared and appears as ATTACHMENT #4 to this
report. These matters include the Federal Census litigation,
the Consent Decree, Pension Matters and also a variety of
Civil Rights cases.
GFK/RFC/rr
OUTSIDE COUNSEL FEES - FY - 1980-81
MICHEL E. ANDERSON
Re: Diego Marulanda et al v.
Patricia Hotel & City of Miami $
6,549.70
Re: F.E.C.
8,614.45
$ 15,164,15
ARNOLD & PORTER
Re: Cable TV
68,182.53
BRYANT MILLER & OLIVE
Re: Friends of the Everglades
28,301.68
FINE JACOBSON'BLOCK KLEIN COLON & SIMON, P.A.
Re: Watson Island & Downtown Housing
63,207.68
FLOYD PEARSON STEWART RICHMAN GREER & WEIL
Re: City of Miami v. C.A. Davis $
25,132.44
Re: F.E.C.
12,966.44
38,098.88
FRATES JACOBS & FARRAR
Re: F.E.C.
1,100.08
G. MIRIAM MAER
Re: City of Miami v. D.E.R.
4,480.13
PAUL LANDY & BEILEY
Re: Gates v. City of Miami $
43,183.77
Re: City of Miami v. Board of Trustees
14,967.32
Re: S.E.C.
650.00
58,801.09
PELZNER SCHWEDOCK FINKELSTEIN & KLAUSNER, P.A.
Re: State of Florida v.
Movieland Video Centers, Inc. $
1,500.00
Re: Movieland v. Knox
4,500.00
6,000.00
SEYFARTH SHAW FAIRWEATHER & GERALDSON
Re: General Labor Matters
50,492.39
TALBURT, KUBICKI & BRADLEY
Re: Rosen v. City of Miami
7,312.60
YOUNG STERN & TA14NENBAUM
Re: C.A. Davis v. City
ATTACHMENT ail
2,800.32
TOTAL . . . . $ 343,941.53
1.
I' j �
LEGEND
* = Statistic Not Obtained
YEARLY STATISTICS 11 = Loss of Use
CITY OF tAIAMI
CX;T BER I, 1980 TO SEPTEMBER 30, 1981
VEHICLE SELF-INSURANCE
OCT BER NOVEMBER DECEMBER JANUAM FEBRUARY MARCH APRIL MAY JUNE
MR PENDING
23
20
19
9
17
14
18
20
13
43
36
24
38
38
37
39
25
31
35
MIORMY TOTAL
59
44
57
47
54
53
43
51
48
CLAIMS OPENED
23
20
19
9
17
14
18
20
13
CLOSED W10 PAYMENT
7
9
1
8
0
6
1
1
1
CLOSED W%ANAUNT
13
14
10
19
6
7
3
11
7
PARTIAL PAYMENT
8
2
0
4
2
4
0
3
3
N
PENDING FILES
94
92
100
86
95
96
110
119
120
z
PENDING CLAIMANTS
123
126
130
116
119
120
134
133
149
w
x
PRO. DAMAGE PAID
7,711.24
6,240.96
4,614.56
10,982.58
3,500.39
7,975.78
197.60
10,054.32
3,880.18
H
e
BODILY INN. PAID
29,287.00
1,540.00
1,950.00
58,750.00
4,800.00
5,276.45
466,500.00
4,800.00
-0-
L.O.0 MPAID
168.00
1,022.00
776.00
1,416.00
396.00
1,911.15
24.00
1,380.00
647.90
NONTHLY PAYOUT
37,166.24
8,802.00
7,340.56
71,148.58
8,696.39
15,163.38
466,721.60
16,234.32
4,528.08
YEAR TO HATE PAID
-0-
45,969.20
53,309.76
124,458.34
133,154.73
148,318.11
615,039.71
631,274.03
635,802.11
PRO. DAM. RES.
78,110.45
103,950.49
116,962.86
*
*
*
*
*
199,491.93
BODILY INJ. RES.
759,503.00
877,803.00
886,303.00
*
*
*
*
*
587,303.00
L.O.DIIRESERVED
8,606.00
7,344.00
8,666.00
*
*
*
*
*
9,202.00
'TOTAL RESERVED
846,219.45
989,097.49
1,011,931.86
*
*
*
*
*
795,946.93
YEARLY STATISTICS (CONT'D)
JULY AUGUST SEPTEMBER YEARLY TOTALS
WN PENDING
19
10
13
212
#3
29
28
42
421
MONTHLY TOTAL
48
38
55
633
CIA M OPENED
19
10
13
212
CLOSED W/O PAYMENT
5
8
0
49
CLOSED W/ANDDNT
12
5
10
127
PARTIAL PAYMENT
6
1
4
40
PENDING FTLES
120
120
123
123
PENDING CLAIMANTS
158
155
150
150
PRO. DAMAGE PAID
5,689.62
4,401.14
11,293.85
81,108.93
BODILY INJ. PAID
19,436.12
2,300.00
13,642.63
615,751.70
L.O.0 FAID
216.00
-0-
72.00
8,173.05
MONTHLY PAYOUT
25,341.74
6,701.14
25,008.48
705,033.68
)MAR TO DATE PAID
673,324.06
680,025.20
705,033.68
705,033.68
PRO. LAM. RES.
197,371.70
191,761.40
187,654.40
187,654.40
BODILY INN. RES.
618,653.00
585,653.00
574,653.00
574,653.00
L.O.0 1-RESERVED
8,838.00
8,264.00
8,316.00
8,316.00
20TAL RESERVED
824,862.70
785,678.40
770,623.40
770,623.40
t)ST CF DEF. RES.
36, 700.00
36, 700.00
36, 700.00
NEW 1/
?ENDING B.I.—
NEW
ill TOTAL
PENDING
HOMING PENDING
DOM PENDING
AMSERVE
... JIM B.I.1/
RESERVE
.EAIDING P.D. /
DOTAL RESERVE
DENTAL - Culp 3/
4/ 1/
10. FILES QnTA-:-B.I. —
4/ 2/
10. FINS CSC P.D.—
DOTAL CLOSED
.AMOUNT
00 {WA!1 B.I1AMD1
L�WA�P.D 2/
DOTAL COST
M
r• ••'YNit �r D ir'Dip
11
4
15
108
116
873,800.00
34,788.85
908,588.85
5
2
2
9
1,205.34
1,734.71
2,940.05
5
5
0
10
66
8
*
0
2
2
116
117
*
*
*
1
0
0
1
0
0
0
0
2
*
2
70
7
*
CITY OF MIAMII
POLICE TORTS STATISTICS
OCTMER 1, 1980 TO SEPTUMER 30, 1981
JANUARY
FEBRLPM
MARCH
0
12
2
1
7
3
1
19
5
117
116
132
116
132
134
*
*
*
1
2
2
0
0
1
1
1
0
2
3
3
0
0
6,382.40
183.00
80.00
0
183.00
80.00
6,382.40
0
8
0
6
6
2
*
*
0
6
6
2
61
72
75
2
1
0
5 11 2
5 2 2
10 13 4
134 140 150
140 150 154
* 586,469.50 648,100.00
* 43,381.11 69,510.54
* 629,850.61 717,610.54
2 1 0
1 1 0
1 1 0
4 3 0
1.00- 4,500.00 0
283.50 257.00- 0
284.50 4,757.00 0
1 0 0
1 4 4
0 0 0
2 4 4
65 32 42
2 0 0
LEGEND
* = Statistic Not
Obtained
1/ B.I.=Bodily Injury
2/ P.D.=Property Damage
3/ CWP = Closed Without
Payment
4 / CWA = Closed With
Payment Amount
JULY AUGUST SEPTEMBER TOTALS
NEW
.ENDINGB.I.—
6
4
1
54
R
?ENDING P.D.—
5
5
2
38
NEW TOTAL
MAIMS PENDING
11
9
3
92
PRECEDING PENDING
154
157
143
108
MAL PENDING
157
143
142
142
RESERVE
?ELIDING B.I.11
652,400.00
618,300.00
604,800.00
604,800.00
U SERVE
MPIlG P.D.1/
72,424.31
76,278.00
77,378.00
77,378.00
DOTAL RESERVE
724,824.31
694,578.00
682,178.00
682,178.00
SNIAL — (%TP3/
6
24
2
46
ID. FILES CNN �B.I 1/
0
0
2
7
4/ 2/
M FILES CKW P.D.
2
0
0
8
!OTAL CLOSED
8
24
4
61
AM
70 GWA B.Ir/
0
0
7,000.00
19,088.74
MOW
2/
465.18
3,003.39
m M P.D
0
0
MAL {LOST
465.18
0
7,000.uu
22,092.13
t ..�STIGATION ONLY
0
1
1
16
e0ENES ATTENDED
2
5
0
37
VM D ATTENDED
4
0
0
4
.OTAL RESPONDED
6
5
0
47
NO. USE OF
' FM REPORTS
41
23
43
590
NO. OF
TRF.A'AM DISCEABGES
1
8
7
36
ST. DEFENSE fl06T
*
62,800.00
63,800.00
63,800.00
GENERAL LIABILITY STATISTICS
CITY CF MIAMI
OCTC13ER 1, 1980 TO SEPTEMBER 30, 1981
LEGEND
* = Static Not Obtained
l/ CWP = Closed Without Payment
OCTOBER NOVEMBER DECEMBER JAI4MRY FEBRUARY MARCH APRIL MAY JUNE
NEW BODILY IN3URY ASGTS
13
10
5
15
8
9
9
13
10
NET PROPERTY DAMAGE
ASGTS.
2
5
2
4
1
3
1
7
3
NEW PARKS INCIDENTS
0
2
2
3
0
1
4
4
3
Oft IMMNED FILES
1
0
0
0
0
0
0
0
0
MONMY TOTAL
16
15
7
19
9
12
10
20
13
REFERRALS TO INSURAME
COMPANY - PARRS
5
7
6
5
1
1
4
4
3
TOTAL PENDING FILES
139
145
139
147
168
172
174
174
165_
TOTAL PENDING CLAIMANTS
*
*
*
*
171
175
177
177
169
NUMBER FILES CLOSED
H
w
WI TROUT PAYMENT
11
6
7
8
8
2
4
16
10
NUMBER FILES CLOSED
'-
E»
WITH ,AMOUNT
7
3
6
3
3
3
3
4
6
H
�
TOTAL CLOSED
NUMBER PILES TO nZ.
18
9
13
11
11
5
7
20
16
CARRIERS — GqP 1/
5
7
6
5
1
1
4
7
3
AMOUNT FOR CLAIMS PAID
BODILY ncURY
42,952.00
0
51,995.70
4,078,40
10,132.80
11,870.95
10,575.00
1,000.00
3,150.00
AMOUNT FOR CLAIMS PAID
PROETAM ERMAGE
175.50
756.38
1,128.96
78.85
975.75
36.00
1,500.00
470.00
964.79
MAY PAYMENTS
43,127.50
756.38
53,124.66
4,157.25
11,108.55
11,906.95
12,075.00
1,470.23
4,114.79
70ML PAYMENIS FOR YEAR
0
43,883.88
97,008.54
101,165.79
112,274.34
124,181.29
136,256.29
137,726.52
141,841.31
BODILY 31J W RESERVE
459,921.00
*
*
*
609,530.00
*
*
*
674.008.00
FR0PFMY DAMAGE RESERVE
17,333.00
*
*
*
29,838.43
*
*
*
25,041.09
TOTAL RESVE
477,254.00
*
*
*
639,368.43
*
*
*
699,049.09
,JULY AUGUST SEPTEMBER TOTALS
NErT BODILY I[+um ASGTS
13
8
8
121
NEW PROPERTY DAMAGE
ASGTS.
4
4
5
41
NEW PARKS INCILENTS
7
2
0
47
REOPENED FILES
1
1
2
5
MONTHLY TOTAL
18
13
15
167
REFERRALS TO INSURANCE
CCHPANY - PAM
7
2
0
45
TOTAL PENDING FILES
131
145
111
111
TOTAL PENDING CLAIMANTS
139
135
111
111
NUMBER FILES CLOSED
WITHOUT PAYMENT
13
9
27
121
NUMBER FILES (LASED
WITH AMOUNT
4
0
3
45
TOTAL CLOSED
17
9
30
166
NUMBER FILES TO INS.
CARRIERS _ CWP
0
2
6
47
AMOUNT FOR CLAIM PAID
BODILY INJURY
9,500.00
0
856.75
146,111.60
AMOUNT FOR CLAIMS PAID
PROPERTY DAMAGE
242.51
0
726.90
7,055.87
°Y PAYMENTS
9,742.51
0
1,583.65
0
770TAL PAYMENTS FOR YEAR
151,583.82
151,583.82
153,167.47
153,167.47
BODILY INJURY RESERVE
559,609.00
567,609.00
496,800.00
496,800.00
PF4mRTY DAMV E RESERVE
31,580.00
32,580.00
16,625.00
16,625.00
TOTAL RESERVE
591,189.00
600,189.00
513,425.00
513,425.00
ClOST CF DEFENSE
*
*
96,000.00
96,000.00
r
November. 3, 1.981
The Honorable tlaurice >: erre
and
Honorable Commissioners of
the City of Miami
Gentlemen:
As of November 3, 1981, the City of Miami is involved
in the following major cases:
A. Gates vs. the City of Miami
This is a class action on behalf of present and Former
employees of the City, seeking to re(ittire the City, for
the years 1939-1975, to retroactively make additional
deposits to its pension plans totalling approximately
$30,000,000, including $8,000,000 in tnterest:. The
Plaintiffs claim that the City levied property taxes
for "pension or relief" purposes and was required to,
but did not, deposit all such reventies into the pension
funds. Instead, a portion of these t;,.x monies was used
for the City's social security coi1t17il)LItions, the City's
required portion of premiums on group health and life
insurance policies, payment of judgme,its on ponsi on re-
lated cases, the City's workers compensation obligations,
and reimbursement to the City or pensi.on-related expenses.
Summary .luclgment on liability %,ris c�ntr�red against: the
City on two of eight counts or the complaint on October 9,
1979, upon a finding by the c .tint that: monies taxers for
pension or relief purposes were imProPerly used by the
City to pay off two judgments against tho City acid for
contributions toward workers colnp-�n�;at:ion obli.c3ations.
The City filed an interlocutory .3ppr!n 1 from thn_ c ourt' s
ruling on the two counts as t:r, wi ich r;ummary judgment
was granted. On January 20, 1981 th District Cote t of
Appeal affirmed in part and in part the summary
judgment. The City petitioned for rehearing, which peti-
tion was denied.
The City maintains in this -irl- on t.h il-. its allocation of
monies collected pursuant, to of property taxes
ATTACHMENT #3
M1
q,
The Honorable flaurice Ferre
and Honorable Commissioners
November 3, 1981
Page 2
for "pension or relief" purposes wa!7z propl"r. 11owever,
in the opinion of counsel, t:hn Cft_y's ultimate liability
cannot be determined at this time.
13. Pension Trustees Suit for Contributi.otis to its Pension Plans
The Board of Trustees of each (-)r 1-110 00n:;i.on l3lans has
filed a petition for tvr. it of sneki.riy to require
the City to contribute a►t Odi.tic�w)l :31.2 million aver
and above the amount actually .approhri.at-ed by the City
for fiscal year 1980. The plaintiffs in each ilc: icmi con-
tend' that the City is required to coni-ri.bute tho amount
that the pension boards certify in at,<:ordatice with actua-
rial reports prepared for the bo ar-ls.
The City Commission in September -)[ .1.1179, adopted a po-
licy limiting the increase in I:he t)-ar 1:ion of the pension
contribution relating to the rrttidi.ng cif: the unfunded past
service casts to five percent• oaf I:h,, preceding ycar's
amount. Ti: is the C.it:y's positi.nn that it is fiscally
sound to limit its lhudgeteel c,ont:r i lout i pan, that the bud-
geted amount is actuarially srmnd r a:}a.-tt- tare City is not
auto►-itically required to appropr. i•ato .an(l contr. ibnte the
amount certified by the Ivan ioli board:., and that i.f the
City were automatically roqui.red to ar) so, the City Com-
mission would be defaulting on it-,- t:e--.ponsibi.lity for
government of the City. The Sl_.ite raf: I' lorida's Uelaart-
ment of Adnini.stration has inforinI.-I 1_ho City that: this
funding technique provides f,)r. the :atloquate and proper
actuarial funding for the r.OA-remold: plans, :and ineets the
requirements of Part VIT, Chapter. 1.12, Florida Statute.
In Septe+nbur 1980, the City CorwA•: --i.00 :arnrandment s
to the City's pension ordinances. Th,! atwnded ordinances
would. vest in the City Commission tiv-2 duties of the Ret-ire:-
rnent Board and Board of Trustees for the retirement Mans.
The effective dates of the r.n,act.m• ai:: have blion stayed by
the Circuit Court, which stay i>; t-(ao ,ubject of appeal by
the City.
1
The Honorable Maurice laerre
and Honorable Commissioners
November 3, 1981
Page 3
This litigation is in its prrA imi.trary stages and, in the
opinion of counsel, the outcnmcI t!: 1101. p1711sently determi-
nable.
C. City of Miami Vs, FEC
The City is involved in a "(1uic-k rrri.nent: domain ac-
tion to acquire 32.64 .acres of bayfront land owned by the
Florida Fast Coast Railway Company V-1,C) . 'ihc, property is
located in downtown Hiamt, between H.E. Gth and N.11J. 9th
Streets, and bounded on the wet;t by Bi.sc ayno Boule.v�ard.
In March, 1978, a trial count: entered an Order. of Taking
and .an Order of Necessity, vcsL1nc3 title to said property
in the City, subject a sti.pulat.Ion entered into between
the parties. In accordance wit-h the, Order of Taking, and
the Stipulation entered into betwoeir the. partiQs. In
accordance with the Order of: Taking, and the stipulation,
the City deposited $14, 500, 000 with a local depos. itory
which has been invested in certi. f i cafes c)F deposit. Tile
certificates of deposit currently fieArl will mature Novem-
ber 12, 1981 and will aggregate appro�.:ima tely $21, 633, 000.
In March, 1981? a jury trial c�,r vcalu.,t:ican resulted in
verdict awarding the FEC $2.3, 350, 000 Lor the property.
Final judgment was entered on April 24, 1981, with 10%
interest: to accrue thereon as or April 2, 1981. The City
has f iled a Motion for thew Trial . [F the Court denies
that motion the City will file i.ts .q.,peal tmmed.tately.
The Court has reserved juri.sdi.ctic,ci t.o award PEC attorneys'
fees and costs.
In ca separate proceeding ti.lo+l befor:c, the Tnterstate Com-
merce Commission, (ICC), t?EC: rhalt-ng(A Flori.da's and the
Federal Court's right to det,�rnin. Lho nature. of the rail-
road track located on the propt!rty and ruled t: ial- the FEC
track is a "line of railroad" requiring a certificate of
abandontnenL from the ICC. '1'Ir^ Ci l l- 11.10 appe'lled that
ruling to the United States r'0. -,1jt r- r:ourt of Appeal, Fifth
Circuit.. On January 22, 1931 I.he wr, filed a complaint
r
IMN
The Honorable Maurice Ferre
and Honorable Commissioners
November 3, 1981
Page 4
in the United States bistricl: courL rt►r the Southern Dis-
trict of Florida seeking to rr3quir'e I.Ite r_i.ty to obtain a
Certificate of. Abandonment bliFo re takzi.ng possession of
the property. The Court cnLer.ed an Ordor prohibiting the
City from taking possession nnl:i.l a rlictsion is rendered
on the pending case before the Fifth Circuit: or until
further order of the United States Di.•;tricl: CourL. The
City has set down a motion berore thr� r^. r..dcir_ al District
Court for leave to accept- possession) of property oil Nov-
ember 6, 1981.
The *ultimate amount which the City must pay FrsC and other
defendants for the property and davlagos they may have
sustained, including defendants' aLtorneys' fees and Court
costs, depends on the outcome rif Llio Ci.ty's r.1otioii for New
Trial or, in the alternative Hlh� 01117 some of the Ci.ty's
appeal. In the opinion of counsel, such amounts cannot be
determined at this time.
D. Cable Television
On October 19, 1981, the City Comioi :,s i.on approve(( an
Ordinance granting a non-exclusivf� Lo Atn(�r_i.cable
of Greater. Miami and Miami T-lr.comrtun i_cations, Inc., for
the operation and consLructi.on of a c.tbl(� tele_viSiozl sys-
tem within the corporate l.i.mi.ts r.r I,11•.: City of Miami.
Subsequently thereto, Wellington Rol.l,i filed atl action
as a citizen and resident r.eyi:;t:rrc_ l voter conteSL-ing
the propriety of the use of t-.h,� 1 i.ccn-;e versus franchise.
In the ev^nt Mr. Rolle hr(:vails i.n hie, lava sit i.t, the City
would be liable for tlin sum of aplii:o, ibnately $200,000,
which represents the cost with the procurement
of outside counsel and cast ()f: v1,1in1.,;trat:ion, which are to be borne by the successful ipC.l i.cants. In the event
fir. Rolle is successful, an tilt-.Qrnative will have to be
made by another licensing or procedure. As to
the merits of the case, it i r; not b-1 ieved Lhat Mr. Rolle
will prevail due to the weal:n,."is it his legal position.
A
The Honorable Maurice Ferre
and Honorable Commissioners
November 3, 1981
Page 5
E6 City of Miami Vs. Suterr_eno
On January 26, 1981, the City of tli�irni. :icquirecl title to
the property commonly ref.err_e,i to as "R1uo Lagoon". Said
title was acquired pursuant to Qn i c l-, T'alke Proceedings. a
deposit of $448,000 was made in the Rogi.sLry of the Court.
At present, it appears that: a minimum amount of-ipproxi-
mately $450,000 is needed to final izr, this matter.. The
City of Miami administration lins i c onl:i. fled rands to cover
this expense.
F . Other
There are various other claims and lawsuits against the
City resulting principally from personal injuries in-
curred on City property. In the, rhini.on of City offi-
cials and the City attorney, tho!3,.! cl-tirts could rosul.t
in a liability to the City of appro:;inaLely $2, 200, 000,
which is reflected in the Solf. Inv.,lirance Fund. Addition-
ally, there has been no inator. i-il ch.in,le in tltr_ status of
cases summarized in the report from this office dated
April 27, 1981 and update(l Clay 13, 19,11 to Plat, Marwick,
Mitchell & Company, nor has Lhore bv.en any subsequent
significant litigation that wn►il.d mat,, rially impact on
the proposed Bond issue.
GFK/TVP/wpc/0
Sincerely, �
Gen)rc2 F. Knox, .Jr. '1
City At Lornev
SPECIAL INTEREST MATTERS
CONSENT DECREE
The Consent Decree itself has recently been ruled on by an
En Banc Panel of the Fifth Circuit Court of Appeals. Generally,
the Court approved the city's affirmative action program and
upheld the vast majority of the Decree. The Court, however,
reversed those provisions of the Consent Decree concerning police
promotions. The Court sent that portion, and that portion only,
of the Decree back to the trial court for further consideration.
As a result of that decision, there is presently outstanding in _
the United States District Court a claim by the United States of
America that the city has engaged in a pattern and practice of
discrimination. While the case was before the Fifth Circuit,
there were some cases filed in the District Court by persons
claiming rights under the Consent Decree. Now that the Fifth
Circuit has ruled, the District Court has jurisdiction to hear
these claims, and will do so. As you know, we have faced constant
legal opposition to the Consent Decree and are busy defending our
actions in many cases, both in State and Federal Court. A partial
list of these cases are:
MOYA v. HARMS - this case has been tried in the United
States District Court, and appealed to the llth Circuit
in Atlanta, where the city prevailed;
AFSCME v. CITY OF MIAMI - in the State Court system,
AFSCME unsuccessfully attempted to prevent the city from
making promotions that were necessary to reach its goals
under the Consent Decree;
ATTACHMENT #4
FOP v. CITY OF MIAMI - at the trial level, the union has
been successful in its attempt to have the new Civil Ser-
vice Rules declared unconstitutional. 'these rules were
enacted so that the city would be able to comply with the
Consent Decree. The city has appealed the lower Court's
order (declaring the Rules to be unconstitutional) to the
Third District Court of Appeal. The case has been briefed
and argued, and we are awaiting a decision.
Let me point out that our function in connection with the
Consent Decree is not limited to litigation. We are constantly
called on to render advice to the admininstration on its actions
to assure that they comply with the Consent Decree.
CENSUS LITIGATION
Ferre v. Klutznick - this case is the city's challenge to
the results of the 1980 Decennial Census.
In January 1981, over our objections, our case was consoli-
dated with approximately ten (10) other cases for pre-trial pur-
poses. Subsequent to that order of consolidation, approximately -
forty (40) other Plaintiffs have been consolidated as well.
We have recently completed "first wave" discovery. We have
deposed the Assistant Regional Census Manager for Technical Coor-
dination in Atlanta, Georgia. In this first wave of discovery,
we have also asked the Census Bureau to produce certain documents.
While the Bureau acceded to many of our requests, they objected
on grounds of confidentiality to the production of address regis-
ters and lists of vacant dwelling units. We consider these docu-
2.
-r.
Am,
ments to be crucial to our case. In a case arising out of the
Decennial Census in Denver, Colorado, the United States Supreme
Court will decide whether or not such lists are confidential.
We have filed a friend of the court Brief with the United States
Supreme Court urging that the list be produced.
We have recently prepared papers asking to take the deposi-
tions of all ranking employees of the local Census office, and
for other information we believe will help to prove our case.
This request was prepared with the assistance of the city's con-
sultant, Delta Systems.
Since our case is interrelated with many, many others, it
may be useful to bring you up to date on the progress of some of
those cases. Detroit and New York City and New York State were
the first cases that went to trial. Both cases were won by the
Plaintiffs at the trial level. On appeal, however, the Census
Bureau won and as of this writing, no city anywhere has obtained
any relief from the use of final census figures.
The State of Indiana has sued the Bureau of the Census
alleging that Florida was given one of the congressional seats
that properly belongs to Indiana. We have filed papers seeking to
be allowed to intervene to protect our interest.
PENSIONS
Gates v. City of Miami - this is a class action on behalf of
present and former employees of the city, seeking to require the
city, for the years 1939-1975, to retroactively make additional
deposits to its pension plans totalling approximately $30,000,000
3.
IM
including $8,000,000 in interest. The Plaintiffs claim that the
city levied property taxes for "pension or relief" purposes and
was required to, but did not, deposit all such revenues into the
pension funds. Instead, a portion of these tax monies was used
for the city's social security contributions, the city's required
portion of premiums on group health and life insurance policies,
payment of judgments on pension related cases, the city's workers
compensation obligations, and reimbursement to the city of pension -
related expenses.
Summary Judgment on liability was entered against the city
on two of eight counts of the complaint on October 9, 1979, upon
a finding by the court that monies taxed for pension or relief
purposes were improperly used by the city to pay off two judgments
against the city and for contributions toward workers compensation
obligations. The city filed an interlocutory appeal from the
court's ruling on the two counts as to which summary judgment was
granted. On January 20, 1981 the District Court of Appeal affirmed
in part and reversed in part the summary judgment. The city peti-
tioned for rehearing, which petition was denied.
The city maintains in this action that its allocation of
monies collected pursuant to its levy of property taxes for
"pension or relief" purposes was proper. Paul, Landy, Beiley,
Harper and Metsch are the city's special counsel in this case.
Pension Trustees Suit for Contributions to its Pension Plans -
The Board of Trustees of each of the pension plans has filed a
petition for Writ of Mandamus, seeking to require the city to con-
tribute an additional $4.2 million over and above the amount
4.
i
actually appropriated by the city for the fiscal year 1980. The
plaintiffs in each action contend that the city is required to
contribute the amount that the pension boards certify in accord-
ance with actuarial reports prepared for the Boards.
The City Commission in September 1979, adopted a policy
limiting the increase in the portion of the pension contribution
relating to the funding of the unfunded past service to five per-
cent of the preceding year's amount. It is the city's position
that it is fiscally sound to limit its budgeted contribution, that
the budgeted amount is actuarially sound, that the city is not
automatically required to appropriate and contribute the amount
certified by the pension boards, and that if the city were auto-
matically required to do so, the City Commission would be default-
ing on its responsibility for governing the city. The State of
Florida's Department of Administration has informed the city that
this funding technique provides for the adequate and proper
actuarial funding for the retirement plans, and meets the require-
ments of Part VII, Chapter 112, Florida Statute.
In September 1980, the City Commission enacted amendments
to the city's pension ordinances. The amended ordinances would
vest in the City Commission the duties of the Retirement Board and
Board of Trustees for the retirement plans. The effective dates
of the enactments have been stayed by the Circuit Court, which
stay is the subject of appeal by the city.
Paul, Landy, Beiley, Harper and Metsch are the city's special
counsel in this case.
5.
Teems V6 State of Florida, Department of Administration,
Division of Retirement, Bureau of Local Retirement Systems and City
is of Miami, Florida - this case is a challenge to the Department of
j.
Administration's ruling that the city's funding technique meets the
i
requirement of Part VII, Chapter 112, Florida Statutes.
In connection with Pension litigation, there has been ongoing
negotiations between representatives of the city and representatives
of certain of the Plaintiffs in an attempt to resolve the deep
differences that have heretofore existed. This office is involved
in the negotiations and is coordinating the negotiations with the
advice of special counsel.
CIVIL RIGHTS CASES
A Federal Statute has existed for the past century that pro-
hibits "persons" from violating others constitutional rights.
Historically, municipalities had not been a "person" within the
meaning of the statute. A series of cases by the United States
Supreme Court over the past three years has reversed the histori-
cal rule, and cities are now included within the meaning of the
statute. Additionally, the Superme Court has greatly limited the
nature of the defenses that a city may assert. Many of the claims
that have historically been heard in state court, such as false
imprisonment and excessive use of force, are now being heard in
Federal Court under the Civil Rights statute. In state court
there is a limitation on the amount of damages that a city can be
required to pay. No such rule obtains in the Federal Court.
Thus, these cases present a special new risk in an area of the law
6.
i.
that is just being developed.
{
1
There are approximately twenty (20) of these cases, the most
! significant of which is Vasquez v. City of Miami and Dade Count
this case arises out of the May riots. Mr. Vasquez alleges he
drove into the riot area, was shot in the neck and severely
beaten. Mr. Vasquez alleges that the city failed to take necessary
precautions to protect him from the crowd.
An additional type of "Civil Rights Case" is those arising
under Title VII of the Civil Rights Act of 1964. In these cases,
employees allege that certain city departments have treated them
unfairly because of race, sex, or national origin. The cases are
tried in Federal Court. There are presently four cases, involving
five plaintiffs, pending against the city.
7.
z
V
CITY OF MIAMI. FI_ORIDA
INTER -OFFICE MEMORANDUM
To Honorable Members of the January 13, 1981 FILE
City Commission
t [,JFCT Evaluation - City Attorney
! FROM Geer F. Knox, Jr. rFF_��Er:�_r, Legal Opinions
- City Attorney Fiscal Year 1980-1981
i
Because of the utility in having a separate document limited
to formal legal opinions of this office, an index of the 100
legal opinions rendered during the fiscal year has been pre-
pared and is herewith attached. A copy of these opinions
is on file in our office and will be furnished upon request.
GFK/RFC/rr
k
INDEX OF LEGAL OPINIONS FOR THE FISCAL YEAR
OCTOBER 1, 1980 THROUGH SEPTEMBER 301, 1981
LEGAL OPINION
NUMBER DATE SUBJECT
MIA-80-58 10/6/80 Small Business - Violations of Small Business Opportunity Centers, Inc. (SBOC)
Economic Development Contract.
MIA-80-59 10/7/80 Disability Retirement - Whether member who has retired on ordinary disability
retirement has any options concerning the manner in which s/he receives
benefits?
MIA-80-60 10/10/80 Occupational License - Clarification of occupational license increase according
to Section 55 of the TRIM Bill.
MIA-80-61 10/15/80 Zoning - Whether the City of Miami may enact zoning legislation to regulate
residential centers commonly referred to as "Refugee Centers"?
MIA-80-62 10/22/80 Lease Agreement - Re Lease Agreement with Tony Moilina - Who is responsible for
maintaining the air conditioning units and, should the units be unrepairable, who
has the responsibility of replacing the units?
MIA-80-63 10/8/80 Agreement - Review of Agreement between City of Miami and the Miami Summer Boat Show.
MIA-80-64 10/17/80 Bids - Whether the Bid Proposal submitted by Allstate Building Contractors, Inc.
constitutes a proper and responsive bid where such bid proposal was submitted on
a document not supplied by the City of Miami.
MIA-80-6 5 10/23/80 Veterans' Preference - Was 295.09(2), as amended by House Bill 535, in effect on
August 19, 1980 and should veterans' preference points be awarded only to veterans
who had been City of Miami employees prior to their military service, etc.?
MIA-80-66 10/23/80 CETA - Liability for improperly expended funds under 1974 CETA Agreement.
MIA-80-67 11/3/80 Collection of Delinquent Accounts - May the City of Miami contract with an outside
collection agency for the collection of delinquent accounts?
MIA-80-68 10/31/80 Bids - Waiver of Bid and Performance Bond - Whether the requirement of a bid and
performance bond can be waived for minority contractors with respect to rehabili-
tation of a multi -family building owned by the City of Miami and funded by Community
Development Block Grant Funds?
PAGE 2
INDEX OF LEGAL OPINIONS FOR THE FISCAL YEAR
OCTOBER 1, 1980 THROUGH SEPTEMBER 30 1981
LEGAL OPINION
SUBJECT
NUMBER
DATE
11/14/80 Committee Selection - Whether the absence of a Finance Department representative
to negate the
MIA-$0-89
from a meeting of the Architecture Selection Committee operates
results of the Committee's selection?
MIA-80-70
11/18/80 Heliport - May the City Commission accept a proposal by Dade Helicopter Services, Inc.
the of Miami Marine Stadium, when the
for the placement of a heliport on premises
for leasing of the area included the entire Marine
invitation to submit proposals
Stadium Area?
MIA-80-71
12/4/$0 Community Development - (1) Whether Community Development Block Grant Funds can be used
factual situations? (2) Whether a
for economic development activities given certain
an idividual employed by a social service agency receiv-
conflict of interest exists where
development block grant funds, simultaneously serves on the Board of Directors
ing community
of the Miami Capital Development, Inc., a recipient of Community Development Funds?
11/24/80 Pension - May the balance of the trust and agency account that has been established for
be disbursed to Mr. Grassie?
MIA-80-72
ex -City Manager Joseph R. Grassie's Pension Account
12/3/80 Conflict of Interest - (1) Does a conflict of interest exist where a City Commissioner
Miami and an individual who had formerly
MIA-80-73
votes on awarding a contract between the City of
attorney? (2) Would a conflict of interest
been represented by the Commissioner as an
if City Commissioner undertook further representation of such an individual
be created a
who had been awarded a contract by the City Commission?
MIA-80-74
12/4/80 Cif* Charter - To what extent does the City Charter control direct contact with the City's
its members?
administrative service by the City Commission or any of
MIA-80-75
12/10/80 Parks Department - Whether there are legal objections to the development of a parking
Parks Department can operate such facility?
facility in Bayfront Park and whether the
by this parking facility can be segregated from the general
Whether revenues generated
Department of Off -Street Parking and rechanneled for Bayfront Park
revenues of the
Redevelopment?
MIA-80-76
12/12/80 Watson Island - Could the City permit a promoter to hold a carnival - festival
are for a nonprofit pure
includes rides) on Watson Island, where the proceeds
PAGE 3
r.
A
INDEX OF LEGAL OPINIONS FOR THE FISCAL YEAR
OCTOBER 1, 1980 THROUGH SEPTEMBER 30, 1981
LEGAL OPINION
NUMBER DATE
SUBJECT
MIA-80-77 12/16/80
Conflict of Interest - (1) Does the ownership of 33% of the shares of stock of Seaescape,
Inc. by a member of the City of Miami's Civil Service Board create a conflict of interest
if Seaescape, Inc. leases the Miami Marine Stadium? (2) If such a conflict is created,
at what point would a member of the Civil Service Board have to divest himself of such
conflict to avoid violation Conflict -of -Interest Laws and Ordinances?
MIA-80-78 12/16/80
Conflict of Interest - Whether a conflict of interest exists where a staff member of the
Community Development Department is employed in the Dade County School System's Community
School Program which is funded in part by the City of Miami?
MIA-80-79 12/30/80
Contracts - Whether the Contract entered into between Martin Luther King Neighborhood
Association and an executive director without prior approval of the City of Miami
is binding upon the latter?
MIA-81-01 1/2/81
Charter - Whether Charter Amendment No. 3, amending Section 53 of the City of Miami Charter,
requires public bidding of a concession agreement with another governmental agency for a
social service project? Specfically, Bureau of Blind Services.
MIA-81-02 1/22/81
Concession Agreements - (1) Whether the City must under certain concession agreements
compensate Antonio Molina or Ralph Allen, both concessionaires of the City, for a loss
of revenues from their concession activities while renovation of the first 10 greens at
the Miami Country Club in Miami Springs is conducted by the City? (2) If compensation
must be provided, what is the appropriate manner in which to accomplish this?
MIA-81-03 1/19/81
Leases - Whether Charter Amendment No. 3, amending Section 53 of the City of Miami Charter,
requires public bidding for the lease of property which is landlocked and accessible only
via the golf course or from private property of an adjacent owner?
MIA-81-04 1/22/81
Collection - Whether the City can write a credit work order to T and N Construction Company
to recover $5,002.90 in expenses the city incurred from having to clear a vacant lot of
debris near the Coconut Grove Community Development Paving Project site, and jeopardize
the protection afforded the City by the performance bond entered into between the
Surety and T and N Construction Company?
MIA-81-05 1/26/81
Melreese Golf Course - Who has the responsibility of maintaining the driving range at the
Melreese Golf Course?
PAGE 4
INDEX OF LEGAL OPINIONS FOR THE FISCAL YEAR
OCTOBER 1. 1980 THROUGH SEPTEMBER 30, 1981
LEGAL OPINION
NUMBER
DATE
SUBJECT
MIA-81-06
1/29/81
Off -Street Parking Pension Plan - Is the City of Miami in any way responsible for the
Department of Off -Street Parking Pension Plan?
MIA-81-07
2/5/81
Police - Off -Duty police Employment - Charging of the off -duty police officer a
surcharge fee to the Department of Labor and Employment Security.
MIA-81-08
2/9/81
Checks - Whether the City of Miami should issue a check solely in the name of the
Fidelity and Deposit Co. of Maryland or in the name of both the Fidelity and Deposit
Co. of Maryland and Orlando Mendez, Inc. (contractor) from the funds held in escrow
for the modification of the Dinner Key Recreation Center/Exhibition Hall Project?
MIA-81-09
2/19/81
Contracts - Miami Dolphin, Ltd. Contract - Overview of contract between City and
Dolphins reveals Dolphins in breach, etc.
MIA-81-10
3/5/81
Resolution - Whether City Commission approval is necessary to make subsequent purchases
from an original vendor of items with the exact specifications and the same unit price
in excess of the quantity awarded pursuant to a resolution?
MIA-81-11
3/9/81
Deeds - Whether the deeds hereafter described constitute blanket deeds?
MIA-81-12
3/24/81
Condemnation - The authority of the City of Miami to acquire by negotiated sale or con-
demnation real property for multi -family housing development; requirements of disposition
of the property acquired.
MIA-81-13
3/30/81
Demolition - Whether the City of Miami can proceed with demolition of the Sherman Hotel?
MIA-81-14
3/27/81
Civil Service - Whether Marvin Armstrong, whose employment was terminated pursuant to the
Sanitation Employees Assoc. Labor Agreement, has a right to a hearing before the Civil
Service Board.
MIA-81-15
4/1/81
Conflict of Interest - Whether a prohibited conflict of interest exists where the president
of the Latin Chamber of Commerce executes a lease agreement with the Small Business Oppor-
tunity Center, Inc. of which the same individual serves as vice-president and treasurer?
PAGE 5
Ii
r
INDEX OF LEGAL OPINIONS FOR THE FISCAL YEAR
OCTOBER 1, 1980 THROUGH SEPTEMBER 30, 1981
LEGAL OPINION
NUMBER DATE SUBJECT
MIA-81-16 4/16/81 Planning & Zoning - Does a deferral constitute a "Legislatively Decided" Action by the
City Commission which causes a Planning and Zoning Agenda Item to not fall under the
provision for automatic denial after 90 days as stated in Article XXX, Section 13(1)
of the Comprehensive Zoning Ordinance?
MIA-81-17 4/14/81 Code - Does the Code provide the procedure to follow in determining the number of
attendants at a Little Havana Community Center function?
MIA-81-18 4/22/81 Public Record - Does a job applicant for a position in the City of Miami Police
Department have a right to inspect the entire content of his background file?
MIA-81-19 4/21/81 Refund - Can refund of deposits for berth assignments at Dinner Key Marina be made on
an individual case -by -case basis by an administrative decision?
MIA-81-20 4/24/81 Donations - Can the City accept a donation of golf tee markers which contain minimal
tasteful advertising listing a sponsor along with an agreement of the donor to provide
the City with the amount of $60 per marker per year for upkeep of the marker and
surrounding area?
MIA-81-21 4/27/81 Community Development - Disposition Guidelines - nonresidential property.
MIA-81-22 4/22/81 Alarm Users Permit Waiver - Can the City waive the fee for Legal Services of Greater
Miami, Inc. as a nonprofit federal government funded agency?
MIA-81-23 4/29/81 Licensing - Whether the City may license newspaper vending machins on or off public property.
MIA-81-24 4/27/81 Downtown Development Authority - What procedures are required to expand the boundaries of the
Downtown Development Autority so as to include the Brickell Avenue area and Claughton Island
and is a referendum necessary?
MIA-81-25 4/22/81 Performance Bond Requirements - Is a letter of credit from a bank acceptable as an alternative
to a performance bond?
MU-81-26 4/30/81 Interest Earnings - Whether or not the City could lawfully transfer interest earnings on the
General Obligation Bond Debt Service Fund?
t
INDEX OF LEGAL OPINIONS FOR THE FISCAL YEAR
OCTOBER 1, 1980 THROUGH SEPTEMBER 30, 1981
LEGAL OPINION
NUMBER DATE
SUBJECT
MIA-81-27 4/29/81
Outside Employment - Whether full time employment with the City of Miami precludes
a City employee from having outside employment and whether a conflict of interest
could result from such concurrent employment?
MIA-81-28 4/22/81
Assessment Liens - Did Mr. Solomon Stinson receive proper notice from the City of
Miami regarding an assessment lien on his property?
MIA-81-29 4/30/81
Occupational License.- Does the passage of Ordinances #9133 and #9134 preclude the
Aloha Retirement Residence from renewing its occupational license at 7500 Biscayne
Boulevard?
MIA-81-30 5/5/81
Zoning Ordinance Relief - Whether a developer can obtain relief from the off-street
parking requirements of the Comprehensive Zoning Ordinance of the City of Miami;
whether the developer can obtain relief from the requirements of the South Florida
Building Code; whether the developer can obtain property tax relief; assumming, if
any or all of the foregoingrelief is granted, will a legal precedent be established?
MIA-81-31 5/7/81
Rezoning Application - Whether Article XXX, Sec. 13 (Ord. #6871) is applicable to
rezoning proposed by private individuals and whether the subject application can be
remanded to the Zoning Board for further study and Analysis?
MU-81-32 5/12181
Miami Springs Golf Course - Are there any restrictions, problems, with titleship or
easements which would prevent the City from possible sale or lease of the Miami
Springs Golf Course? what interests does the Department of Water & Sewers have in
the subject property?
MIA-81-33 5/13/81
Terminal Pay - Whether an Employee is entitled to terminal leave with pay when he
has not served the City for 25 continuous years?
MIA-81-34 5/20/81
Taxes - (1) Whether a referendum held to impose additional ad valorem tax on property
that may be included in a proposed expansion of the Downtown Development Authority's (DDA)
boundaries would be limited solely to freeholders of the area or would include all
qualified electors in the area? (2) Whether the vote can be on a "weighted basis" according
to the assessed property owned by the voter? (3) Assuming Brickell Key (Claughton island)
is included in the extended boundaries of the DDA, can the referendum to impose additional
taxes be limited solely to property owners therein?
PAGE 6
11
PAGE 7
LEGAL OPINION
NUMBER
MIA-81-35
MIA-81-36
MIA-81-37
MIA-81-38
MIA-81-39
MU-81-40
MIA-81-41
MIA-81-42
MIA-81-43
INDEX OF LEGAL OPINIONS FOR THE FISCAL YEAR
OCTOBER 1, 1980 THROUGH SEPTEMBER 30, 1981
DATE SUBJECT
5/15/81 Traffic Hazards - City's obligation to clear away bushes, high weeds, etc. that
create traffic hazards.
5/15/81 Conflict of Interest - (1) Whether membership on a Community Development Advisory Board
and concurrent candidacy for the City Commission violates applicable election laws?
(2) Whether candidacy for City Commission and concurrent membership on a Community
Development Advisory Board presents a violation of or a conflict with the City of
Miami Community Development Citizen's Participation Plan? (3) Whether candidacy for
City Commission and concurrent membership on the Board of Directors of the Overtown
Economic Development Corp., a recipient of City funds, is prohibited?
5/27/81 Bids - Whether services related to entertainment or catering are subject to the require-
ment of formal bidding pursuant to Chapter 18 of the Miami City Code?
6/10/81 Community Development - What degree of citizen participation is necessary to amend the
seventh year Community Development Block Grant Application?
5/18/81 Property - Whether the City of Miami can acquire real property through a negotiated sale
with the condition that the seller will retain the exclusive right to lease the same in
order to develop rental housing for low moderate income residents?
6/15/81 Civil Service - (1) Does the Civil Service Board have the authority to return an employee
to his/her original classfication when that employee has been rolled back because his/her
original position was abolished due to budgetary reasons? (2) Has it been the City's
policy (past or present) to "Red -Tag" a position which has been eliminated as a result of
budgetary reasons? (3) Is the Civil Service Board authorized by the City Charter and Code
to "Red -Tag" the incumbent and the classified position which has been abolished for budgetary
reasons?
6/18/81 Leave of Absence - Request for critera for granting employees leaves of absence without pay.
6/22/81 Bidding - Whether competitive bidding is necessary to obtain banking services for the
Cuban -Haitian Refugee Assistance Program funded by the Community Development Secretary's
discretionary fund?
6/23/81 Employees - City's obligation to recognize William Smith as Sanitation Employees Association
Representative.
PAGE 8
ir
INDEX OF LEGAL OPINIONS FOR THE FISCAL YEAR
OCTOBER 1, 1980 THROUGH SEPTEMBER 30, 1981
LEGAL OPINION
NUMBER DATE SUBJECT
MIA-81-44 6/26/81 Elections - Whether candidates for the office of City Commissioner must specifically
delineate the office or group for which said candidate is running?
MIA-81-45
7/6/81
Conflict of Interest - Whether a prohibitive conflict of interest exists where the
executive director of a local development corporation under contract with the City
of Miami seeks funding from the State of Florida to finance a project or property that
said director either owns or has a substantial personal interest in?
MIA-81-46
7/6/81
Conflict of Interest - Whether a prohibited conflict of interest exists with respect to
a City employee obtaining services from Miami Capital Development, Inc.
MIA-81-47
7/7/81
Bidding - Whether the Charter of the City of Miami requires competitive bidding of a
concession arrangement with a nonprofit neighborhood association which intends to use
the generated funds for park and neighborhood improvements?
MIA-81-48
7/8/81
Leases - (1) What effect would Charter Amendment No. 1, which deals with the leasing
of City waterfront properties, have upon the proposed extension and/or modification
of the agreement between the City of Miami and Biscayne Bay Restaurant Corporation?
(2) What "Grandfather rights", if any, does the Rusty Pelican have with reference to
the proposed extension and/or modification?
MIA-81-49
7/10/81
Notice - What are the notice requirements for meetings of the City of Miami Community
Development Advisory Boards?
MIA-81-50
7/13/81
Donation - Whether the City of Miami can donate or lease real property to a community
development target area community group to develop an emergency housing complex?
MIA-81-51
7/20/81
Community Development - Whether funds generated by a sublease of an office purchased
and operated with Community Development Block Grant Funds constitutes "Program Income"?
MIA-81-52
7/16/81
Building Permit - (1) Whether the Building Department can issue a building permit for the
Southeast Bank Financial Center -Development Regional Impact absent a complex source permit;
(2) What effect, if any, would an administrative appeal of the issuance of a complex source
permit have upon the City of Miami's issuance of a building permit?
PAGE 9
INDEX OF LEGAL OPINIONS FOR THE FISCAL YEAR
OCTOBER 1, 1980 THROUGH SEPTEMBER 30, 1981
LEGAL OPINION
NUMBER DATE SUBJECT
MIA-81-53 7/28/81 Ad Valorem Tax Exemption - Whether the standard for public purpose determination
for a mortgage revenue bond validation is the same standard for ad valorem tax
exemption for leasehold interest in municipal -owned property under Section 197.199,
Fla. Stat. (1980)?
MIA-81-54
Not Used
MIA-81-55
8/3/81
Interama - Whether the proceeds from the Interama sale can be used to purchase
risers (bleachers) for the Coconut Grove Exhibition Hall?
MIA-81-56
8/5/81
Cable Television - Whether the City of Miami may issue more than one cable television
license pursuant to the City of Miami Cable Television Regulation Ordinance?
MIA-81-57
8/6/81
Stationery - Whether a City Commissioner is legally precluded from utilizing City
(Letterhead) stationery to make a complaint to a regulatory agency in connection
with a legislative act he has taken.
MIA-81-58
8/6/81
Recall Process - Whether or not proponents of a recall process could "force" an
election to be held on November 3, 1981.
MIA-81-59
8/10/81
Performance Bond - Whether Southeast Bank/Gerald D. Hines Interests - DRI can obtain
a letter of credit in lieu of a performance bond to meet the requirements of the
Southeast Bank Financial Center Development Order?
MIA-81-60
8/11/81
Community Devplopme L - Whether the Community Development Advisory Board meetings can
be used as a political forum for candidates for public office?
MIA-81-61
8/14/81
Villaverde - Whether the criminal charge filed against Mr. Rafael Villaverde,
Executive Director of Little Havana Activities and Nutrition Centers of Dade
County, Inc. constitute a violation of the Federal Revenue Sharing and the U.S. Hud
Secretary's Discretionary Fund Contracts with the City of Miami?
MIA-81-62
8/13/81
Regalado - Whether the activities of Mr. Justo Regalado, Executive Director of the
Association for the Youthful Aged, Inc. with respect to Riverside Elderly Housing
Project violate the City of Miami contract with the Association?
PAGE 10
INDEX OF LEGAL OPINIONS FOR THE FISCAL YEAR
OCTOBER 1, 1980 THROUGH SEPTEMBER 30, 1981
LEGAL OPINION
NUMBER
DATE
SUBJECT
MIA-81-63
8/19/81
Conflict of Interest - Does a conflict of interest exist when the chief
building inspector of the City Building and Zoning Inspection Department
is also Assistant Secretary for the Board of Directors of the Little Havana
Tourist Authority and co-chairman of the Calle Ocho Festival on behalf of the
Kiwanis Club of Little Havana?
MIA-81-64
8/17/81
Bidding - Whether the City Charter requires competitive bidding to enter into a
lease with a nonprofit corporation for City -owned property to be utilized in a
social service project?
MIA-81-65
8/24/81
Notice - Whether the Notice Requirements and Procedures of Section 166.041,
Florida Statutes, must be followed to enact the City of Miami proposed Compre-
hensive Zoning Ordinance?
MIA-81-66
8/28/81
Conflict of Interest - Whether an employee of the City of Miami Department of
Community Development can serve as a member of the Community Development
Advisory Board?
MIA-81-67
8/28/81
Leases - When entering into a lease of the Marine Stadium does the City have the legal
ability to accept longer option terms than the 5 year option outlined in Bid No. 79-80-100
invitation to submit proposals to lease the City of Miami Marine Stadium?
MIA-81-68
9/1/81
Conflict of Interest - What conflict of interest provisions are relevant to the employment
of Richard L. Fosmoen, former City Manager, by Biscayne Recreation Development Co. and by
Special Restaurants, Inc. as a Consultant?
MIA-81-69
9/8/81
Occupational License - Whether Ordinance #9188 increasing occupational license taxes
based upon the average value of stock of goods and Ordinance #9188 increasing the amount
of occupational license tax for the amount of stock occupying the premises is legal?
MIA-81-70
9/10/81
Cable Television - What was the essence of Barry Kutun's remarks to the City Commission
on July 14, 1981 regarding Americable and Tele-Communications, Inc.?
MIA-81-71
9/10/81
Finance Charges - Is the City subject to finance charges upon its financial obligations?
A
Wrl I i
INDEX OF LEGAL OPINIONS FOR THE FISCAL YEAR
OCTOBER 1, 1980 THROUGH SEPTEMBER 30, 1981
LEGAL OPINION
NUMBER DATE SUBJECT
MIA-81-72 9/11/81 Contracts - Can the City re -negotiate a contract for professional services with the
original architectural firm without going through the competitve selection procedure,
when the original contract was abandoned due to the City's lack of construction funds
to finish the project and where the original firm completed approximately 80% of the
project and is the only one that can complete it?
MIA-81-73 9/16/81 Agreements - To what extent does the City Manager have the authority to require Biscayne
Recreation Development Company to comply with the various City policies and procedures
as they relate to the expenditure of funds under the management agreement between the City
of Miami and Biscayne Recreation Development Company?
MIA-81-74 9/14/81 Agreements - Whether the City of Miami may enter into an agreement with Medical Arts
Training Center, a private company, to provide for students to ride as observes with
firefighters on rescue vehicles?
MIA-81-75 9/17/81 Building and Zoning - Is the Building and Zoning Inspection Department precluded from
denying a certificate of use because approval by the Zoning division had previously been
given in error and the owner had relied on said approval and had performed remodeling and
building on the property?
MIA-81-76 9/23/81 Contracts - (1) Whether the Architect Services contracted for by a p-::.•:4te concern for the
West Court Yard roof area of the Dinner Key Exposition Center must bi. obtained pursuant to
competitive selection process? (2) Whether the credit for future years rent at the Dinner
Key Exposition Center can be given as consideration for Architect Services provided.
MIA-81-77 Undated Licenses - Whether a business which busy, sells, or trade used guns and currently is licensed
pursuant to City Code Section 31-48 as a dealer in "Arms" is also subject to the license
requirements of Code Section 28-37 through 28-69, "second-hand dealers"?
MIA-81-78 9/24/81 Planning and Zoning Boards - Whether a Member of the Planning Advisory Board or the Zoning
Board can concurrently serve as a member of the New World center Action Committee?
PAGE 11
CItY OF MIAMI. FLORIOA
INtER•OFFICE MEMORANDUM
to Hobert F. Clark DATE January 131982 RILE:
Deputy City Attorney
SUBJECT
FROM Shirley Pa oxe
I
REFERENCES
Salary History
ENCLOSURES George F. Knox, Jr.
As per your request, the following is a salary history
of Mr. Knox:
Starting Pay
October
14, 1976 -
$42,000.00
3.5%
Cost of
Living
October,
1976 -
43,470.00
8.1%
Annual
Increase
December
22, 1977 -
47,000.00
6%
Annual
Increase
October
14, 1978 -
49,820.00
5.5%
Cost of
Living
December,
1978 -
52,560.00
2.5%
Cost of
Living
April, 1979
-
53,874.00
5.5%
Cost of
Living
October,
1979 -
56,837.00
6%
Annual
Increase
October
14, 1979 -
60,247.00
2.5%
Cost of
Living
April, 1980
-
61,753.00
6%
Annual
Increase
October
14, 1980 -
65,458.00
10%
Cost of
Living
October,
1981 -
72,005.00
6%
Annual
Increase
November
11, 1981 -
76,325.00
SP/wpc/0
74�_
82-32