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MEMORANDUM
ATTORNEY -CLIENT PRIVILEGED COMMUNICATION
Honorable Mayor and Members of the City Commission
FROM: Michael Fertig, Esq., Akerman Senterfitt
Jennifer Glasser, Esq., Akerman Senterfitt
DATE: October 13, 2006
RE: Proposed Resolution for the Payment of Attorney's Fees and Costs -
Alice Young v. City of Miami, Jesus Aguero, Jorge Garcia and Israel Gonzalez
Case no. 99-2994-CIV-MARTINEZ
This memorandum addresses the request for reimbursement for attorney's fees made by
Russell W. Mace, III, Esq, with regard to the representation of Officers William Hames and John
Mervolian in the above -captioned civil case.
Section 111.065, Fla. Stat, provides the agency employing a law enforcement officer with
the option to pay the 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. See
Fla. Stat. § 111,065. Russell W. Mace, III, Esq. has made a request on behalf of Officers
William Hames and John Mervolian for reimbursement of attorney's fees incurred in the total
amount of $23,062.50 in representing these officers. All of the civil claims against these
officers, while on duty and in the course and scope of their employment, have been dismissed in
the civil case pursuant to a settlement agreement.
As mentioned above, Fla. Stat. § 111.065 is a discretionary statute. See Florida Police
Benev. Ass'n, Inc. v. Miller, 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 does not require
it.")(emphasis in original). In determining how to exercise such discretion, the Commission
should be aware of the fact that the Officers were also criminally charged with regard to the
same shootings involved in the civil case. Officers Mervolian and Hames pled guilty pre-trial
and were convicted of conspiracy to obstruct justice and obstruction of justice for planting
weapons after the shootings and for making false sworn statements during the investigations.
There were no criminal charges maintained against these Officers for the legality of the
shootings themselves, which was the basis of the civil case.
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Should the Commission decide to exercise its discretion to reimburse Mr. Mace, the
following three options are available: (1) pay the full amount requested by the officers' attorney
($23,062.50) based upon Mr. Mace's opinion that his fees for his services are reasonable; (2) pay
$18,200.00, the amount determined to be a reasonable fee for Mr. Mace's services based upon
the opinion of the expert criminal defense attorney retained by the City to review Mr. Mace's
fees; or (3) pay another amount as determined by the Commission, not to exceed the amount
sought by Mr. Mace. Alternatively, the Commission could decline to pay any amount.
If the Commission decides to pay some amount of fees to Mr. Mace, the funds for such
payment will be allocated from the City of Miami Self -Insurance and Insurance Trust fund,.
Index Code No. 05002.301001.545000.0000.00000.
cc: Pedro G. Hernandez, City Manager
Elvi G. Alonso, Agenda Coordinator
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