HomeMy WebLinkAboutCover MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: The Honorable Mayor and Members of the City Commission
FROM: Julie O. Bru, City Attorney)
DATE: February 20, 2009
RE: Discussion Item: Request for reimbursement of Attorney's Fees and Costs by
Sergeant William Scarola for City Commission Meeting — March 12, 2009
Matter ID No.: 07-2627 Case No. 05-19807 MM10A
File No. 08-01381
This memorandum addresses the discussion item of the request for reimbursement of
attorney's fees and costs in the amount of $35,997.69 submitted by Ronald J. Cohen, Esquire on
behalf of William Matthewman, Esquire and Alberto Milian, Esquire for their representation of
Sergeant William Scarola in the case of The State of Florida v. William Scarola, III, Case No.
05-19807-MM10A. In that case, Sergeant Scarola was charged with battery in Broward County.
The Broward State Attorney's Office entered a nolle prosse of the case and closed the case.
The reimbursement request is made pursuant to Section 111.065, Fla. Stat., which
provides, in relevant part, that the agency employing a law enforcement officer has 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 perfoiiiiance 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 § 111.065, Fla. Stat.
The primary issue with respect to Sergeant Scarola's reimbursement request is the determination
of whether or not the action for which Sergeant Scarola was charged arose out of the
performance of his official duties.
Sergeant Scarola is the Chief Examiner of and at times acts as the Vice Chaiuiian of the
Civil Service Board before which members of the City Attorney's Office regularly appear to
represent the City's interests regarding employment matters. Thus, given the apparent conflict of
interest, the reimbursement request was submitted to special labor counsel for a legal opinion.
Attached is a copy of the February 19, 2009 legal opinion of James C. Crosland, Esquire,
who opines that the City does not have the option of paying for Sergeant Scarola's legal fees and
costs pursuant to Section 111.065, Fla. Stat., even though the prosecution was dropped, where
the action for which Sergeant Scarola was charged was not within the scope of his duties. The
attached opinion sets forth in further detail the facts and case law pertinent to the analysis of and
opinion regarding the reimbursement request.
Honorable Mayor and Members of the City Commission
February 20, 2009
Page 2
Should you require further information, James C. Crosland, Esquire is available to
answer, at your convenience, any questions you may have. You may reach him at (305) 374-
7349.
Attachment
c: Pedro G. Hernandez, City Manager
Elvi Gallastegui, Agenda Coordinator