HomeMy WebLinkAboutCover MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM:
DATE: June 9, 2006
RE:
Honorable Mayo
Jorge L. Fernand
d Members of the City Commission
Attorney
Proposed Resolu on for City Commission Meeting — June 22, 2006
United States ofAmerica v. Wilfredo Perez, et al.,
Case No. 02-20174-CR-ALTONAGA
(File No. 06-00982)
The attached proposed Resolution will, if adopted, authorize the Director of Finance to
issue a check payable to the Trust Account of Klausner & Kaufman, P.A., on behalf of Samuel
Rabin, Esquire, in the amount of $75,500, in full settlement of any and all claims for attorney's
fees incurred by Officer Wilfredo Perez 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. Robert D. Klausner, Esquire has made a request on behalf of the officer for
reimbursement of attorney's fees incurred in the total amount of $120,900. Officer Perez was
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.
The amount of attorney's fees requested, including Mr. Rabin's complete file, has been
reviewed by an outside criminal defense legal expert retained by the City. That expert has
determined that $75,500 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. Rabin's
attorney's fees: (A) decline to pay any amount; (B) pay the full amount requested by the
officer's attorney ($120,900) based upon Mr. Rabin's opinion that his fees for his services are
reasonable; or (C) pay $75,500, the amount determined to be a reasonable fee for Mr. Rabin's
services based upon the opinion of the expert criminal defense attorney retained by the City to
review Mr. Rabin'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.
W1289:MJS
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
Enclosure(s)