HomeMy WebLinkAboutSubmittal-LetterEMERY CELLI BRINCKERHOFF & ABADY LLP
By Email
Commissioner Marc Sarnoff, Chair
Commissioner Wilfredo Gort
Commissioner Francis Suarez
Commissioner Frank Carollo
Dear Sirs:
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Submitted Into the public
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Priscili.i A. Thonipbor.
City Cleric
January 9, 2013
Re • January 10, 2013 City of Miami Con2mission It/feeling, Non -Agenda
Item .Appointing Special Counsel to the City Commission
We represent Commissioner Michelle Spence -Jones in a pending federal lawsuit
captioned Spence -Jones v. Rundle, et. al., 12-cv-24253. We write concerning the above, non -
agenda item scheduled to be heard January 10, 2013.
As the Commission is aware, Commissioner Spence -Jones has sued, among others,
Mayor Regalado, in his personal capacity, as set forth in the Complaint in the federal lawsuit.
The Mayor has since requested that the City of Miami pay the attorneys' fees of his hand-picked
lawyer in the lawsuit. It is perhaps inexplicable that the Mayor would request the Commission to
choose sides in a lawsuit between a sitting Commissioner and a sitting Mayor, by funding onc
side (tithe litigation (the Mayor's side), no less, at the expense of Miami taxpayers. However.
we understand that issue is not presently before the Commission and do not formally address it
here. Commissioner Sarnoff has since placed on the Commission's agenda whether to hire
Richard Davis as counsel to advise Ole C9romission on this and other matters related to the
federal lawsuit. As to that non -agenda item, scheduled for January 10, 2013:
First, aside from a brief opening inark, and out of an abundance of caution,
Commissioner Spence -Jones will not be participating in or voting on the item. However, we do
think it appropriate as Plaintiffs counsel to communicate to the Commission through this letter,
as the -Mayor has already advocated and presumably will again advocate his position before the
Commission.
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EMERY CELLI BRINCKERHOFF & ABADY LLP
Page 2
Second, it is our responsibility to inform the Commission that Commissioner Sarnoff is
himself a witness to a number of key eve,its in the 'federal case. It would seem inappronriate for
a federal witness to vote on Commission issues related to the case, including whether to pay for a
defendant's legal fees.
Third, we request an opportunity to be heard before the Commission considers or votes
upon Mayor Rcgalado's request for the City to pay his attorneys' fees, should it ever do so.
Thank you for your attention to this matter. We respectfully request that this letter be
read into the record and be made an official part of the January 10, 2015 Commission
proceedings.
Respectfully Submitted,
IIann Nt. Maazel
c: Michelle Spence -Jones
Johnny Martinez, City Manager
Julie O. Bru, City Attorney
Todd. Hannon, City Clerk
Ray 'faseff, Esq.
Charles Ogletree, Esq.
Submitted Into the public
record in connectio itn
,t9n OR, 2 on 0 3
Prisci11.1 A. Thonpor,
City Clerk