HomeMy WebLinkAboutMemoMEMORANDUM
ATTORNEY -CLIENT PRIVILEGED COMMUNICATION
Honorable Mayor and Members of the City Commission
TO:
FROM:
Michael Fertig, Esq., Akerman Senterfitt
Jennifer Glasser, Esq., Akerman Senterfitt
DATE: October 13, 2006
's Fees
d Costs -
RE: Proposed Resolution for the Payment Aguerat AtorneyJorge Garcianand Israel Gonzalez
Alice Young v. City ojMiami,
Case no. 99-2994-CIV-MARTINEZ
This memorandum addresses the request for reimbursement f fofir attrs rneyJesus fees o>ade Jorgey
Hugo A. Rodriguez, Esq, with regard to the representation
Garcia and Israel Gonzalez in the above -captioned civil case.
Section 111.065, Fla. Stat. provides the agency employing a law enforcement officer with
n to pay the legal fees and costs for any law enforcement officer's offir inany ftc al civil or criminal
the option
the
action when the action arose out of the performance of t
plainq of Officers Jesus
tiff reuests dismissal of the suit or the officer is foundreo be tot liab elf not guilty. See
Fla. Stat. § 111.065, Hugo A. Rodriguez, Esq. has made aq
o Jorge Garcia and Israel Gonzalez for reimbursement of of her cev'l claims agay's fees inst these
the
totalAgu, g
total amount of $97,170.00 in representing these officer
while on duty and in the course and scope of their employment, have been dismissed in
officers ,
the civil case pursuant to a settlement agreement.
As mentioned above,
Fla, Stat. § 111.065 is a discretionary statute. See Florida Police
Eenev. Assn Inc. v. iller, 464 So. 2d 236 (Fla. 5th DCA 1985) (The court reasoned that Fla.
Stat.
§ 111.065 "gives an option to the sheriff to provide costs and fees, it dhesno mit require
on
it.")(emphasis in original). In determining
frcrim nallysuch dchargednwith regard to t el
should be aware of the fact that the Officers were also
same shootings involved in the civil case. Of fionvicted of conspiracycers Jesus Aguero, rgo obstruct justdices and
Gonzalez (as well as several other officers) were c
victions were upheld by the Eleventh Circuit
obstruction of justice for planting weapons after the shootings and for making faise sworn
statements during the investigations. These co
npP
Court of A eal, There were no criminal charges maintained vagainst
gai e these Officers for the
legality of the shootings themselves, which was the basis of th
1M246i367.i}
eimburse Mr.
Should the Commission decide to exercise its discretion
requested to by the DEER ers' attorney
riguez, the
following three options are available: (1) pay the full
($97,170.00) based upon Mr. Radriguez's opinion thathis fees for his services are fee for Mr, Rodriguez�s servcles
(2) pay $80,725.00, the amount determined to be a reasonableity
based upon the opinion of the expert criminal defense attorney retaComrni ined by the Cit ttto evi ed the
Rodriguez's fees; or (3) pay another amount as determinedby
theamount sought by Mr. Rodriguez. Alternatively, the Commission could decline to pay any
amount.
the
s for
If the Commission decides to pay some amantseflf Insurans to ce andr. insurance Truustdfund,
such payment will be allocated from the City of Miami
Index Code No. 05002.301001,545000.0000.00000.
cc: Pedro G. Hernandez, City Manager
Agenda Coordinator
Elvi G. Alonso,
(M2461367;1 }