HomeMy WebLinkAboutCover MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM:
DATE:
RE:
Honorable May.and Members of the City Commission
Jorge L. Fernan • City ; ttorney
February 15, 2jpiph
• `I
Proposed Res•lutio 'r the Payment of Attorney's Fees and Costs
March 9, 2006 Meeting; File No.06-00224, Matter ID No.: A-0400746
United States of America v. Alejandro Macias
Case No. 02-20179-CR-SEITZ, (Re: Jessie Runnels)
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 $189,520,
in full settlement of any and all claims for attorney's fees incurred by Officer Alejandro Macias
with regard to the above -referenced criminal case.
Section 111.065, Florida Statutes 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.
William Matthewman, Esquire has made a request on behalf of the officer for reimbursement of
attorney's fees incurred in the total amount of $315,369. Officer Macias has been acquitted of
all charges against him in connection with the alleged violation of the criminal law, while on
duty and in the course and scope of his employment and has returned to active fulltime duty.
The amount of attorney's fees requested, including Mr. Matthewman's complete file, has
been reviewed by an outside criminal defense legal expert retained by the City. That expert has
determined that $189,520, 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. Matthewman's
attorney's fees: (A) decline to pay any amount; (B) pay the full amount requested by the officer's
attorney ($315,369) based upon Mr. Matthewman's opinion that his fees for his services are
reasonable; or (C) pay $189,520, the amount determined to be a reasonable fee for Mr.
Matthewman's services based upon the opinion of the expert criminal defense attorney retained
by the City to review Mr. Matthewman'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.
W1270:MJS:rg I 7
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
William Matthewman, Esquire
Ronald J. Cohen, Esquire
Enclosure(s)
Doc. No.: w1270