HomeMy WebLinkAboutMemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor . % i Members of the City Commission
FROM: Jorge L. Fernand .J. ity Attorney/1v+)
'/
DATE: October 6, 201
RE: Proposed Resolution 4 or the Payment of Attorney's Fees and Costs
November 17, 2005 Meeting
United States of America v. Jesus Aguero, et al.
Case No. 02-20174-CR-ALTONAGA, (File No. 05-01098)
The attached proposed Resolution will, if adopted, authorize the Director of Finance to
issue a check payable to the Trust Account of Ronald J. Cohen, P.A., in the amount of
$79,667.50, in full settlement of any and all claims for attorney's fees incurred by Officer Jorge
Garcia with regard to the above -referenced civil case.
Section 111.065, Fla. Stat. provides the agency employing a law enforcement officer with
the option to pay legal fees and costs for any law enforcement officer in any civil or criminal
action when the action arose out of the performance of the officer's official duties, and the
plaintiff requests dismissal of the suit or the officer is found to be not liable or not guilty. John
W. Thornton, Esquire has made a request on behalf of the officer for reimbursement of attorney's
fees incurred in the total amount of $127,471.10. All charges have been dismissed against
Officer Garcia, who was charged by an indictment in federal court for alleged violations of
criminal law for his actions while on duty and in the course and scope of his employment.
The amount of attorney's fees requested, including Mr. Thomton's complete file, has
been reviewed by an outside criminal defense legal expert retained by the City. That expert has
determined that $79,667.50 would be a reasonable fee for the services provided. At this time, the
City Commission has the following options with respect to the payment of Mr. Thornton's
attorney's fees: (A) decline to pay any amount; (B) pay the full amount requested by the officer's
attorney ($127,471.10) based upon Mr. Thomton's opinion that his fees for his services are
reasonable; or (C) pay $79,667.50, the amount determined to be a reasonable fee for Mr.
Thornton's services based upon the opinion of the expert criminal defense attorney retained by
the City to review Mr. Thornton's fees, and with whom I concur.
If approved, funds for said payment will be allocated from the City of Miami Self -
Insurance and Insurance Trust fund, Index Code No. 515001.624401.6.652.
W1240:MJS
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
John W. Thornton, Esquire
Ronald Cohen, Esquire