HomeMy WebLinkAboutCover MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the Cjty Commission
FROM: Jorge L. Fernandez, City Attorney1
DATE: April 26, 2007
RE: Proposed Resolution for the Payment of Attorney's Fees and Costs -
May 10, 2007 Meeting
State of Florida v. Torrance Gary, Case No. F06006428
File No, 07-00548
This memorandum addresses the request for reimbursement for attorney's fees
made by Allan Kaiser, Esq. with regard to the representation of Officer Torrance Gary 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. Allan Kaiser, Esq. has made a request
on behalf of Officer Torrance Gary for reimbursement of attorney's fees incurred in
representing the officer $21,875 and costs in the amount of $1,022, for the total amount
of $22,897. All charges against Officer Gary have been dismissed in connection with the
alleged violations of the criminal law, while on duty and in the course and scope of his
employment.
Should the Commission decide to exercise its discretion to reimburse Mr. Kaiser,
the following three options are available: (1) pay the full amount requested by the
officer's attorney $22,897 based upon Mr. Kaiser's opinion that his fees for his services
are reasonable; or (2) pay $16,647, the amount determined to be a reasonable fee for Mr.
Kaiser's services based upon the opinion of the expert criminal defense attorney retained
by the City to review Mr. Kaiser's fees, which, includes attorney's fees in the amount of
$15,625 and costs in the amount of $1,022; or (3) pay another amount as determined by
the Commission, not to exceed the amount sought by Mr. Kaiser. Alternatively, the
Commission could decline to pay any amount.
If the Commission decides to pay some amount of fees to Mr. Kaiser, 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
71721