HomeMy WebLinkAboutCover MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayo nd Mem ► rs of the City Commission
FROM: Jorge L. Fern• .? it 1 ttorney4
DATE: November 29
RE: Proposed Resolution for the Payment of Attorney's Fees and Costs
December 14, 2006 Meeting
United States of America v. Jose Acuna, et al.
Case No.: 01-0208-CR-GOLD
File Id No. 06-02112
This memorandum addresses the request for reimbursement for attorney's fees made by
Roy J. Khan, Esq. with regard to the representation of Officer. Jose Acufia in the above -
captioned criminal 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. Roy J. Khan, Esq. has made a request on behalf of Officer
Jose Acufia for reimbursement of attorney's fees incurred in the total amount of $396,300.00 in
representing the officer. Officer Acufia has been acquitted of all charges against him in
connection with the alleged violations of the criminal law, while on duty and in the course and
scope of his employment. Officer Acufia returned to active full time duty on June 10, 2004 and
later retired on March 8, 2006.
Should the Commission decide to exercise its discretion to reimburse Mr. Khan, the
following three options are available: (1) pay the full amount requested by the officer's
attorney ($396,300.00) based upon Mr. Khan's opinion that his fees for his services are
reasonable; or (2) pay $228,787.50, the amount determined to be a reasonable fee for Mr.
Khan's services based upon the opinion of the expert criminal defense attorney retained by the
City to review Mr. Khan's fees; or (3) pay another amount as determined by the Commission,
not to exceed the amount sought by Mr. Khan. Alternatively, the Commission could decline to
pay any amount.
If the Commission decides to pay some amount of fees to Mr. Khan, 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.
c: Pedro G. Hernandez , City Manager
Elvi G. Alonso, Agenda Coordinator
Enclosure(s)
Doc. No.: 59128