HomeMy WebLinkAboutBack-Up Document-RJD ResumeHernandez, Julia D'
From: Go|kayhegui, Elvi
Sent. Thursday, January O3.2U131(l1SAM
To: Hannon.Todd
Cc Hernandez, Julia D.�Antony, Shiny
Subject: FVV: Additional supplemental item ' 8|#2'Jan, 1O2U13agenda Appointing Richard J. Davis
as special counsel for the City Commission regarding issues of corporate governance
Attachments: Gpeoia|Counam|forCnmmisoion|hemyNamodoc�Letter UnyWSornnffwith HJOResume4df
From: Goldberg, Daniel S.
Sent: Wednesday, }onuaryOZ, 2013 5:26PM
To: Rego|ado, Tomas (Mayor); Gnrt, VVifredo (Commissioner); [anuUo, Frank (Commissioner); Suarez, Francis
(Commissioner); Spence'Jones Michelle (Commissioner District S); Martinez, Johnny; Danie, Dwight
Cc, Uorente, Mike; Diaz, Pkacido;Castaneda, Frank; Shiver, Cornelius; WestaU, Lynn; Go|lasLegui E|vi; Coxseus, Edwin;
Nelson, Ron; P|asenda,VWUiam
Subject: Additional supplemental item 8I #2-]on. 10 2013 ogcnUo - Appointing Richard J. Davis as special counsel for
the City Commission regarding issues o[corporate governance
Mr. Mayor and members ofthe Commission,
Chairman Sannoffintends to place an additional supplemental item on the agenda for the Jan. 10, 2013 commission
meeting. The item isasfollows:
Appointing Richard J. Davis as special counsel to the Miami City Commission regarding issues of corporate governance.
Attached to thise'mai|' please find the following:
A proposal letter from Richard J. Davis delineating his proposed scope of employment and fee arrangement
along with a resume,
A memo from Commissioner Sarnoff to Commissioner Spence -Jones and Mayor Regalado regarding this item
that is not intended tosolicit a response.
Please beadvised that Mr. Davis will beappearing telephonically. This item will beheard atatime certain of11a.m.
Thank you.
RICHARD J. DAVIS
ATTORNEY AT LAW
415 MADISON AVENUE 11TH FLOOR NEW YORK, NY 10017
TEL 646.553.1365 FAX 646.553.1374 richard.davis@rjdavislaw.com
December I 8, 2012
Marc David Sarnoff, Esq.
Solowsky Allen, Attorneys Al Law
915 Miami Center
201 South Biscayne Boulevard
Miami, Florida 3313 I
Dear Marc:
I appreciated the opportunity to discuss with you my possible retention to represent the City of
Miami C:ommission in connection with the lawsuit filed by Michelle Spence -Jones against. among others,
Mayor Tomas Regalado. My understanding is that you are looking for counsel to advise on governance
issues, as well as on how the City may best protect its interests.
Attached is a copy of my resume. As you can see, I have been involved in a variety of difficult
and sensitive matters, both in Government and in private practice. Among other things, I have been
involved in advising Board of Directors of public companies and charities on governance and related
issues. I also have been very active in a variety of issues involving the City Government in New York.
Among other things. I have was appointed to the New York City Campaign Finance Board by the
Speaker of the City Council, Chaired a Commission to Combat Police Corruption under Mayor Giuliani,
worked closely with multiple Mayors on parks issues and as the current Chair of the New York City
Legal Aid Society (which has approximately 1000 lawyers). 1 am involved in criminal justice issues in
the City. 1 thus am very familiar not only with the legal issues associated with providing the needed
advice, but am also experienced in issues associated generally with municipal governments.
In reviewing the materials you sent me it appears that among the issues that will have to be
addressed is the advancement of legal fees to the Mayor. In this regard I would want to review certain of
the governing documents of the City of Miami. I also want to make certain 1 understand the facts
underlying the various precedents since, in general. I think it will be important here to take an approach
consistent with those precedents.
We would also have to consider the issue of recusals on both the legal representation issue, as
well as potentially on others issues relevant to the lawsuit. Once we decide, for example, as to whether
Ms. Spence -Jones needs to be recused from the legal representation question I believe that it would be
desirable for me to discuss our conclusions with her counsel at the Emery law firm. 1 believe this will be
the best way to avoid a confrontation over these kinds of issues. 1 know Richard Emery and others at the
firm and could easily have that conversation,
As we discussed. another important issue is to assess the potential liability of the City. In this
regard I believe that a direct and early conversation with the Emery firm also would be appropriate.
Apart, of course, from whatever they may say we need to consider any potential claim of indemnity the
Mayor might make.
In connection with fees, while my normal rate for legal representation is $950 an hour, I would be
willing, to discount that rate to $700 an hour, which is over a 25 percent discount. In terms of any travel,
it would be billed at coach rale. I also suggest that I he required to bill monthly: so that you can see on a
timely basis how much is being spent.
Let me know if you have any questions.
Richard J. Davis
RJD:art
Office Address and Telephone
415 Madison Avenue, ||*F|oor
NewYork,NY 10017
(646)553-1365
richurddu,isO-t),rouvishn.com
PROFESSIONAL EXPERIENCE
Jx11oory2012
W
Present
RICHARD J. DAVIS
Personal Information
Richard Davis is 0hyears old
and resides with his wife,
and daughtcr in
Nm%, York City.
RICHARD J,DAVIS, Attorney at Law
Individual practice focusing on advising ill di0iouk situations, including in the
invx$i-oivc context, arbitration; mediation; crisis counseling; Board of Directors
representat ions; and special assignments, indxding as x Monitor Special Master.
Among other things currently serving as the Court -Appointed Chapter I Trustee of
Fletcher International Ltd., an investment fund.
April |,|98} W8{IX°GOT8HAL & MANK3ES LLP
to Partner, Litigation Department
Junuurv.20)2
September, l977
to
Junoury23, i98|
General practice relating to litigation, � investigations, counseling, regulatory � issues and
international financial problems, including extensive experience in complex
negotiations. Principal activities have included representing companies, Boards of'
Directors and individuals in the conduct of internal investigations, and in grand jurN,
regulatory and other government investigations of' all types; participating in litilrition
involving a wide range of commercial, bankruptcy- related and other disputes; serving
as an arbitrator, serving as counsel to the Government of Argentina during the 1980's ill
negotiating with the international financial community over the refinancing I
I g of its debt
and related litigation-, and providing advice to various clients on regulatory issues. Also
served as Weil's General Counsel with varying management responsibilities Until
ASSISTANT SECRETARY OFTHE TREASURY (Enforcement and Operations)
Responsibilities included supervisiono[the U.S, Customs Service, the Bureau of
Alcohol. Tobacco and Firearms; the U.S. Sccn1 Service; the [cdcm| Law 6u[orccment
lioinixA Cenker� the Office of Foreign Assets Control: and oprrscn ing Um Treasury
Dc i |enforcement,h and related In hicapacity,
among the matters responsible for were the freeze oil Iranian assets and other sanctions
imposed as a result of the seizure of American hostages', participation in the
development of the U.S.-Iran Hostage Release Agreenicilts of January, 1981 �
implementation of various U.S. embargoes and financial freezes involving Cuba.
Vietnam, and others; regulation of the alcoholic beverage industry. administration of
the Bank Secrecy Act and Currency Reporting Regulations; firearms regulation-,
criminal justice policy; intelligence and terrorism issues; the protection of public
officials, and application of the Customs laws.
January |978 WEIL,GOTBHA|L& MANGESK.LP
to General Litigation Practice
August 1977
Principal a1\c included representation ofth City ofNew York and its officials in all
investigation by the 8ccunhcs and Exchange Commission; and of companies and
individuals in the conduct of internal investigations and in grand jury and other
July \97]
to
Augusi\975
WATERGATE SPECIAL PROSECUTION FORCE
Responsibilities as an Assistant Special Prosecutor included serving osChief
Trial Counsel in the trials of Dwight Chapin and Edward K*inecke; as Chief u(tile
Political Espionage and ITT Task Forces; and being responsible tor coordinating issues
relating to securing documentary evidence and testimony from former President Nixon.
Septcmber,|97O UNITED STATES ATTORNEY,S OFFICE (Southern District w[New York)
to
July, 1973 Mei-nbcr of the Criminal Division and for varying periods served in the Corruption Unit
and as Assistant Chief Appellate Attorney
Septcmhcr,|969 LAW CLERK TO UNITED STATES DISTRICT J`lDGE JACK H.WEKNSTEIN,
to EASTERN DISTRICT OF NEW Y0R0{
August 1070
EDUCATION
Columbia University School ofLaw —J.[l` 1969
* Notes and Comments Editor ofthe Law Review
Graduated magna cum laude
University of Rochester — B.A., 1966
0 Graduated with high honors in history
HONORS AND AWARDS
* May 1999 Recipient of the Curtis J. Berger Award givenbvThcBhd Inc.ill recognition of'
public service activities in thc tradition of Curtis Berger, doccuocd Professor ofLaw, Columbia
Law School.
March ZN00—Recipient of the Whitney North ScyrnourAward givenh`the Federal Bar
Council ill recognition of contributions to public service by a lawyer in private practice.
w Septembcr20U0 — Recipient of the /\ri HuUbcrLom Award given by the Jewish Chi|dren`s
Museum in recognition ofcommitment hm juodcrundthc needs of New York and its children.
November 2000 — Recipient of the J. Edward Lvmhunj Award given by the United States
/\ttorncy"x Office for the Southern District u[New York in recognition of outstanding public
service,
0 March 2004— Recipient of the LuwdL Society Award given by New York Luvvvem for the
Public Interest in recognition of public service.
� October 20U9— Recipient o[dhc Robert Wagner, Jr. Award given by Citizens Union for long-
term
� November 2010 — Rcoipk:n| of the Champion for Chi|dreuo /\vmnJ given by the RuuduU`s
Island Sport Foundation.
2
CIVIC AND OTHER ACTIVITIES
Good Government
Chair, Citizen Union (2004'unuary2008)and Member o[tile Board o[Directors (|9o|'|997and lY98'
2009, a hundred -year -old civic organization in New York City.
* New York City Campaign Finance Board (Jo|Y |, 2004— present). A five person Board which oversees
and enforces the New York City Campaign Finance Low.
Criminal Justice System
w Chair, The Legal Aid Society (|2/|0—doh:)and Member o[the Board o/Directors (|9Q6— 1992und
2000'du\*).
Choir, Mayor's Commission to Combat Police Corruption (1996'2002), u commission appointed to
monitor uNi'conu[tionactivities o[tile New York City Police Department. The Commission published
over twenty reports dUring this period.
* Member, Tusk Force on Police -Community Relations (1997), appointed by the Mayor following on
incident o[severe police brutality inBrooklyn.
• Chair, Criminal Justice Council o[the City Bar Association (200O'200]).
° Departments of Justice and Treasury: KHonher of panel of experts to provide advice on future
hostage/barricade situations in the aftermath of the Waco siege (I 993)
K4cmher, Citizen Task Force oil Use and Security of Central Park (\VW9- |9YU)and Co -Chair o[the
Citizens Advisory Process (1990-1993) to monitor implementation of the Task Force recorn mendat ions
and to dcn| with ongoing security issues nc|ctinA to the northern portion of the pork and surrounding
Memberof Commission which reviewed tile operations of the Philadelphia Police Department (1987).
Parks and Recreation
• Chair, RunduU`u Island Sports Foundation (1995 ' 2010). unon-profit organization working with <he
City to help renew pud` and recreational facilities on KnnduU`o Island.
• Chair, Pier Park and Playground Association (|g99'2005),o non-profit organization created to promote
the development of open space and playing fields in Greenwich Village and other pails of lower
Manhattan.
w Member, Partnership for Pier 40 200009), u non-profit organization created to work towards u
positive community supported plan for Pier 40 in the Hudson River Park.
Parks Council, Member of the Board of Director (1994-200 1)
American Red Cross ofGreater New York, Member ofthe Chairman's Council (ZO0h'2D|0),u group
created to work with the Red Cross to npnisi in enhancing resources and preparedness for catastrophic
events.
m Vice Chair o[�ooupconvened bvk4ayor`oO[�ceregarding conunUin8construction uox�(2007).
w Member, Commission on the Capital Mun(2O02). ucommixxion appointed by the Schools' Chancellor
to review issues related 1oschool construction costs.
m The Harbor for Boys and Girls, Member n[the Board o[Directors (|gA2 ' December, 2011), u non-
profit organization working with young people in East and Central Harlem.
* Jewish Childrens' Mtiseum, Member of the Board of Directors (January, 2007 - date)
w Pro Bono Special Master for Investment Policy for the Agent Orange Settlement Fund 1984 |gVh).
* Member of study group onthe Iranian Hostage Crisis o1Council mnForeign Relations (|q*| 1982)und
co-author ofbook chapters, /4omriCon Hosiages /n/run'published 6vYale University Press.
* Taught Trial Advocacy in special intensive course at Harvard Law School (September 1975; September
1976)
EXPERT WITNESS
Testified at the request ofPrcsideu( Clinton's Counsel as an expertou standards of u(ion hn0oo the House
Judiciary Committee considering the impeachment ofthe President (December 9, 1998).