HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15625 Final Action Date: 4/11/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION PROHIBITING ANY
FUTURE PAYMENT OF ANY ATTORNEY FEES OR COMPENSATION TO THE
LAW FIRM OF KUEHNE DAVIS LAW, PA AND BENEDICT P. KUEHNE FOR
LEGAL SERVICES RENDERED IN ANY MATTERS INVOLVING THE CITY OR
CITY OFFICIALS.
SPONSOR(S): Commissioner Miguel Angel Gabela
WHEREAS, Section 111.07, Florida Statutes, authorizes the City of Miami to defend any
civil action arising from a complaint for damages or injury suffered as a result of any act or
omission of action of any of its officers, employees, or agents for an act or omission arising out
of and in the scope of his or her employment or function; and
WHEREAS, the City of Miami retained the law firm of Kuehne Davis, PA and Benedict H.
Kuehne to represent certain City of Miami officials in several matters in accordance with Section
111.07 Florida Statutes; and
WHEREAS, pursuant to Section 111.07 Florida Statutes, the upfront payment for the
defense of a City Commissioner is discretionary; and
WHEREAS, the law firm of Kuehne Davis, PA and Benedict H. Kuehne is representing
former City Commissioner Alex Diaz de la Portilla and Jose Garcia as plaintiffs against the City
of Miami and City Clerk Todd Hannon as defendants in Miami -Dade Circuit Court case number
2024-02615-CA-01, and is also representing former City Commissioner Alex Diaz de la Portilla,
Carmen Delia Rivera Millan and Orlando Hernandez as plaintiffs against City Commissioner
Miguel Angel Gabela, City Clerk Todd Hannon and the City of Miami Canvassing board in
Miami -Dade Circuit Court Case Number 2023-026808-CA-01; and
WHEREAS, the City Commission finds that the representation of plaintiffs against the
City of Miami, the City Clerk and the City of Miami Canvassing Board as defendants by the law
firm of Kuehne Davis, PA and Benedict H. Kuehne, while at the same time being retained and
paid by the City of Miami to represent certain City officials in several matters, creates a conflict
between the City of Miami and the law firm of Kuehne Davis, PA and Benedict H. Kuehne;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Commission hereby directs the City Manager to cease making any
further payments of monies or compensation to the law firm of Kuehne Davis Law, PA and
Benedict H. Kuehne for the upfront legal representation of City of Miami officials, agents or
employees.
City of Miami Page 1 of 2 File ID: 15625 (Revision:) Printed On: 7/9/2024
File ID: 15625 Enactment Number:
Section 3. This Resolution shall become effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 2 of 2 File ID: 15625 (Revision:) Printed on: 7/9/2024