HomeMy WebLinkAboutSubmittal-Report-Proposed Plan to Fill City Attorney VacancyCITY ATTORNEY
Job Announcement
The City Attorney is a charter officer of the City, responsible for all legal matters related to the City's
municipal government and corporate affairs. The City Attorney leads the in-house legal department of
the City of Miami and supervises the services of all attorneys employed by the City and its agencies.
Additionally, the City Attorney shall be a full-time government employee and shall not engage in the
private practice of law.
iThe following references provide more information regarding c al duties of the City Attorney:
1 . City of Miami Code of Ordinances; Part I — Charter aM #eIated Laws; Subpart A — The
Charter Sec. 21. - Department of law:
htto:illibrarv.municode.comiindex.aspx?cl09
2. City of Miami's Code of Ordinances; Part liz.=,-The Code; Chapter 2.— Administration, Article
.i*: (annual III — Officers, Division 3 — City Attorney?,,--
http://library.municode.comfindex.aspiaellentid:10933
3Office of the City Attorney, Executive Summary
httD IIwww miamiqov comlclty?ttorney'executiveSummary.html
MINIMUM QUALIFICATIONS
• Graduation from an accredited college of law.
• Must be an attorney7at:3la-W,admitted to the practice State of Florida.
• Have a minimum of ten (10)'years progressively responsible legal experience of which at least
five years in public sector and local government law.
• Consideration will begiven to those candidates who possess City, County & Local Government
Law Certification issued hy_th6-Fiorida Bar.
COMPENSATION - • • '•
The sala-ry range is open and will be established by the City Commission.
The City Attorney position is open due to the retirement of the City Attorney after many years of service
to the City. ReSurhes will be screened according to the qualifications outlined above. Screening
interviews with the most qualified applicants will be conducted by the Selection Committee; finalists will
advance to interviews with the City Commission,
PURSUANT TO FLORIDA OPEN RECORDS LAW, APPLICATIONS AND RESUMES ARE SUBJECT TO
DISCLOSURE
/3- oo20?- Subm
Submitted into the public
record in connection with
items NA.4 on 02-28-13
Todd B. Hannon
City Clerk
CITY ATTORNEY
2013 Recruitment Timeline
Date
Action
2/28
Approve job announcement and advertisement sources
3/4 to 4/1
Recruitment period
3/14
City Commission makes appointments to Selection Committee
4/26
Provide Selection Committee with all aPpliCations/resumes
5/23
5/24 to 6/17
Agenda item — Selection Committee recommends top 5 candidates to
City Commission
Opportunity for City Commissioners to individually interview each of the
top 5 candidates
6/27
City Corrirriission Negotiates Salary/Benefits with Successful Candidate
8
Agenda Item — Appointment of City Attorney and Approval of Resolution
Outlining Salary and Benefits
Proposed Employment Start Date
ADVERTISEMENT SOURCES
Organizations
Cost of Advertising
Florida Bar Association
$495.00
Florida Municipal Attorneys Association
No fee
Florida League of Cities (FLCE News)
No fee
International City/County Management Association (ICMA)
$225.00
Submitted into the public
record in connection with
items NA.4 on 02-28-13
Todd B. Hannon
City Clerk
Sec. 21.-Department Wf law.
The city attorney shall be the director of the department of law and an attorney -at -law
admitted tothe practice inthe State ofFlorida. The city attorney shall bothe legal advisor ofand
attorney and counsel for the city, and for all officers and departments thereof in matters relating to
their official duties. The city attorney shall prosecute and defend all suits for and in behalf of the
city, and shall prepare all contracts, bonds and instruments in writing in which the city is concerned
and shall endorse oneach approval ofthe form and correctness thereof.
The city attorney shall be the prosecuting attorney of the municipal court. The city attorney
shall have such number of assistants as the city commission by ordinance may authorize. The city
attorney shall prosecute all cases brought before such court and perform the same duUes, aofar aa
they are applicable thereto, as are required of the prosecuting attorney of the county.
When required to do so by the resolution of the city commission, the city attorney shall
prosecute ordefend for and inbehalf ofthe city all complaints, suits and controversies |nwhich the
city is a party, and such other suits, matters and controversies as he shall, by resolution or
ordinance, be directed to prosecute or defend.
The mayor, city commission, the city manager, the director of any department, or any officer
or board not included within a department, may require the opinion of the city attorney upon any
question oflaw involving their respective powers and duties.
The city attorney shall beofull-time governmental employee; shall not engage inthe private
practice of law; and upon his o, her election by the ohv commission shall aenxa until the time for the
election ofthe city officials apooifiadinsection 4ofthe Charter which follows the next general
municipal election.
Submitted into the public
record inconnection with
itenms8AAon 02'20'13
Todd 8.Hannon
City Clerk
lttp:.municode.co.aspr?h=&clientfD=l0933&st--http%3a%2f' 2/11/2013
K8(anni. Florida, Code of Ordinances >> PART U -THE CODE >> Chapter 2 -ADK8|N|STR&T|ON >>
ARTICLE Ill. ' OFFICERS >> DIVISION 3.'CITY ATTORNEY >>
DIVISION 3.-CITY ATTORNEY
1151
Sec.2'111 Supervision and control o{attorneys employed bycbv�
Sec. 2-112. - Charter amendments, method of draftinq: approval by city ccmmission� submission to electorate.
Seou,2'118--214D. Reserved.
Sec' 2'111. - Supervision and control of attorneys employed by city.
(a) All attorneys at law retained or employed by the city, regardless of the nature or kind of
service performed or the title or designation under which they render legal service for the
city, are hereby placed under the direct supervision and control of the law department.
(b) The mayor may engage special counsel for the specific purpose of providing advice to the
mayor and his office. The compensation and funding for such engagement shall be subject
to the advice and consent, and approval of the city commission. Any subsequent special
counsel vacancy shall be filled in this manner and subject to the advice and consent, and
approval ofthe city commission.
(Code 1967, §2'15�Code 1980, §2'4Y;Ord, No. /1575, § 1' 11'26-07)
Sec. 2-112.-Charter amendments, method of drafting; approval by city
corOmission~submission tpelectorate.
(a) The city attorney shall draft, with the assistance of any individual the city attorney deems
necessary, a Charter amendment within 120 days after the city commission adopts a
resolution directing the city afforney to prepare such amendment or after the certification of
a petition of ten percent of the qualified electors of the City of Miami requesting such
amendment.
(b) The Charter amendment drafted bythe city aftoromyshall beapproved infinal form bvthe
city commission in a resolution calling fora special election upon the amendment. The
resolution calling for the special election shall include the text of the amendment draft
approved by the city commission, and such draft shall be deemed submitted to the electorate
bythe adoption ofsaid resolution.
(o) A special election upon said amendment shall occur not less than 60 nor more than 120
days after the draft iosubmitted.
(Ord. No. 10116. § 1. 6'12'86: Code 1080' § 2'42)
Secs. 2-113-2-140. - Reserved.
Submitted into the public
record 1nconnection with
Kell mxAmn 02'28'13
Todd 8'Hannon
City Clerk
�15�Charter reference— Selection ofcity attorney bycommission, §4(e).department oflaw, §21,(B*oA
httn:/DD)rozy.mnoicndo.com/ybnwZ)ncumeo1.aopx?olieo1D~~lO9]3&johId=lg0487&sdocl[)..' 2/11/2013
CITY OF MIAMI
OFFICE OF THE CITY AITO
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Submitted into the public
record in connection with
items NA.4 on 02-28-13
Todd B. Hannon
City Clerk
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Message from the City Attorney
September 17, 2012
This is the fourth annual report that I present as your City Attorney.
Once again, I thank the members of the City Commission for allowing me
the privilege of serving as the City's in-house corporate counsel and trusting
me to supervise the professional staff of the Office of the City Attorney.
This report is presented in an abbreviated version because throughout the year we have
provided a monthly accounting of the significant cases and issues handled by the office and a
quarterly report of the costs associated with outside counsel.
City leaders have faced a third year of unprecedented economic challenges brought on by
continued high levels of unemployment and distressed real estate values. The Office of the City
Attorney has played a key role in assisting policy makers and administrators in tackling the legal
issues associated with the difficult but innovative fiscal policies adopted by the City Commission
in the areas of labor management and collective bargaining.
I am proud to highlight in this report the variety and complexity of legal work undertaken
by in-house attorneys. Their achievements, as demonstrated in this report, are remarkable. They
are guided by the goal of providing the best legal advice possible. Their commitment, work ethic
and impressive results demonstrates the value to the City of continuing to maintain an adequately
staffed and funded law department to provide the City's legal services.
Submitted into the public
record in connection with
items NA.4 on 02-28-13
Todd B. Hannon
City Clerk
Julie O. Bru
City Attorney
Reporting Period July 1, 2011 — June 30, 2012
Table
of Contents
Message from the City Attorney |
Objective ]
Overview........................... ..................................... ................................... 4
Budoat........................ ............................ ......................... --5
Attorney Organizational Chart 0
Client Work Statistics 7
Number of Matters Handled Per Client 8
Litigation Summary q
Civil Litigation and Appeals .................................... \0
Civil Rights I
Cmoohtutionm|Cbal|en-es |2
Torts |3
Land Use and Code Enforcement ...................... ......... ......................... l5
Unsafe Structurea—...... ............. ........................ 17
Collections and Si ifioaot5ctticnlcnts 17
Labor and Employment 18
Civil Service Board 21
Workers' Compensation 22
Quality ofLife and Land Use 23
Contracts and Procurement .......... ....... ....... 25
General Government and Public Safety 26
Submitted into the public
record inconnection with
|ternsmAAon 02-28'13
Todd B.Hannon
City Clerk
Reporting Period July 1, 2011 — June 30, 20
Mission
To provide the highest quality legal services
while ethically and zealously representing
all stakeholders in the City of Miami
Vision
To create a strong public service ethic in a
new generation of lawyers who are highly
skilLed, competent and committed to
excellence in the practice of municipal law.
Goals 2012 - 2013
Continue to develop a succession plan for the Office of the City Attorney by
innovative systems of organization and mentoring.
Refine the successful collections' program for fees, liens and debts due to the
City.
Continue intense involvement in state legislative initiatives impacting the City.
Reporting Period July 1, 2011 — June 30, 2012
The City Attorney leads the in-house legal department of the City of Miami and
supervises the services of all attorneys employed by the City and its agencies. The City Attorney
is a charter officer of the City, responsible for all legal matters related to the City's municipal
government and corporate affairs.
During this reporting period, the Office of the City Attorney performed legal services
essential to support the operations and functions of all City departments, and completed
commercial and financial legal transactions related to the administration of approximately 4,000
employees and an operating budget of more than $534 million. Significant legal services were
provided to the City in the area of General Government which included drafting approximately
80 ordinances, of which 53 were adopted and 425 resolutions, of which 402 were enacted by the
City Commission along with approximately 990 contracts.
Additionally, the City Attorney issues formal and informal written legal opinions
informing and updating the City Commission and the Administration on federal, state and local
laws. The City Attorney and staff attorneys also provide legal representation and advice at all
meetings of the City Commission and to approximately 38 city Authorities, Boards and
Committees. The City Attorney continues to meet regularly with members of the City
Commission, the Mayor, the City Manager and other City officials and department directors to
advise and counsel them on legal issues pertaining to their official duties.
All formal written Legal Opinions issued by this Office from 2003 through the current
date may be found on the Office of the City Attorney's website at
www.miamigov.cornicityattorney - by clicking on "City Attorney Opinions".
Approximately 2,857 matters were opened during the reporting period. This number
includes all matters received pursuant to "Legal Services Requests", lawsuits, appeals,
grievances, litigated workers compensation claims, civil service cases and claims filed against or
by the City. Of the 110 new civil litigation cases, 32 new appeals, 19 new labor grievances, and
31 new Civil Service Board cases, only eight (8) matters required outsourcing because of conflict
or legal specialty. In-house attorneys assigned to the Civil Litigation and Appeals, the Labor and
the Land Use Sections are counsel of record for all of the remaining new litigated matters.
This year, the Office of the City Attorney was tasked with the collection of outstanding
Unsafe Structure Liens and received and reviewed numerous files from the Administration and
made determinations whether liens were properly recorded, valid and enforceable. The Office of
the City Attorney sent letters to the owners of record of the properties with collectible liens
demanding payment of the lien, and forewarning of legal action to foreclose the lien, if it was not
paid. During the month of May and June of 2012, the total amount collected from the owners of
the properties for outstanding liens totaled $30,914.41.
Reporting Period July 1, 2011 — June 30, 20
The adopted budget for IFY 2011 2012 for the Off -ice of the City Attorney is$4420/000
for operations and personnel expenses. During this fiscal year, four (4) positions were abolished,
two (2) attorney positions and two (2) support staff positions ' resulting in a total su|u?y savings
of$233/}00. The number of attorneys along with support staff has decreased by u combination
of budget cuts and attrition from 62 employees in 2008 to 41 employees in 201| 2012 which
represents a 3496 decrease in the last four years.
The reduction in the uunohcr of staff attorneys and support personnel, mainly due to
budgetary constraints, has necessitated greater individual workloads and longer office hours for
each professional employee. Notwithstanding the reduction in staff, commitment and dedication
to excellence has not wavered. Noteworthy recognition must be given for the outstanding work
of the support staff. They continue to provide efficient, effective and competent support
As of the date of this report, the office is staffed by 41 full time employees. This includes
twenty-one (21) attorneys, [our (4) administrative staff, ton (i[) litigation assistants, one (U
parale-at and five (5) legal services staff.
IiPersonnel Cost
M Operating Cost
08'09 09'10 1011 1112
Submitted into the public
record inconnection with
itenns8AA�mn 02'28'13
Todd 8'Hannon
City Clerk
Reporting Period July 1, 20t t — June 30, 2012
Attorney Organizational Chart
Office of the City Attorney
Organizational Chart
•"`
Maria J. Chiaro
Deputy City Attorney
General Government.
Quality of Life, Land Use
& Administration
ViCena Mende:
Assistant City Attome/
Jose L. Arango
Assistant City Attorney IT
Rahr. Jones Jacl,scr.
.Assistant CA,/ Allomey
N'inoshIsa Reye-s
Assistant City Aztorney
Rafael Su: -Rivas
Assistant City Attorney
George K W./song
AssLstant Cr A:tome,/
eronica LXict.es
As,sistant C•ti AEIGrre'i
Far -time
Julie a Bru
City Attorney
fit
Warren Binner
Deputy Crt),. Attorney
Litigation
Henry J. Hunnefeid
Assiszart Cif; AtIorney
Jonn A. Greco
ASVStar,r. CIty Atorney
Cr'nstopr&A Green
7 Assistant City Atzorney
R;chard S. Otruba
Ass;srant City Atomei
Twin A_ Smtniir.e
Ass,stant Ctj Ararney
Deanna Gro3s-Rasco
Assistant City Alerney
Diana Vtcarro
Assistant City Attorney
!liana Fore
Assistant Cir, Atorney
MIrn A Jutiachs
Assistant Clty ,Atorney
Kevn R Jones
Assstar.t Cft Anorney
Janeen Rlchard
Assistant City Attorney
Submitted into the public
record in connection with
items NA.4 on 02-28-13
Todd B. Hannon
City Clerk
Reporting Period July 1,2011 — June 30,2012
6
Client Work Statistics
City Officials, departments and City Agencies and Boards (our "Clients") obtain legal
services by completing a Legal Services Request (LSR) form. Once the form is received, the
information is entered into a tracking system and assigned to an attorney by one of the Deputy
City Attorneys. In addition to the issuance of a matter identification number, an area of law is
assigned. Currently there are five (5) Areas of Law:
• Litigation and Appellate Practice: - in this area included are all lawsuits in the
practice areas of (101) Torts, (101cb) Torts — Claims Bills, (101s)
Subrogation, (102) Civil Rights, (103) Commercial, (104) Land Use, (105)
Special Assessment. (106) Labor/Employment, (107) Public Records -
Sunshine -Election, (108) Workers' Compensation, etc.
• Transactional — includes all contracts in the areas of (201) Professional
Service Agreements, Expert Consultant, Use Maintenance, Affordable
Housing, etc., (202) Procurement Issues, (203) Development Projects (204)
Real Property, (205) Public Finance.
• Land Use and Environmental Law — includes all non -litigation matters (301)
Comprehensive Plan and Permits, (302) Special Assessments and Impact Fees
(303) Land Use and Zoning.
• Employment and Labor includes all non -litigation matters (401)
Employment, (402) Labor.
• General Government — includes the remaining practice areas (501)
Legislation, (502) Garnishments (503) Third Party Subpoenas, (504) Advice
and Counsel.
Hours by Area of Law
NI Litigation & Appeals
• Transactional
• Environmental Law
Employment & Labor
• General Government
to Tax Costs
The tracking system
assists in the management of all
matters where legal advice is
required and provides the data
necessary to facilitate analysis
and reporting updates. The
attorneys and paralegal enter
and track time worked on each
individual matter. If the City
prevails on a litigation matter,
the attorney(s) can file a Motion
and the City may be reimbursed for the attorneys and paralegal time. Also, any
requestor can be informed as to the amount of time consumed for legal services on a particular
request.
ReportingPeriod July 1, 2011 — June 30, 2012
—I 3
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CET
Number of Matters Handled Per Client
All Matters Opened and Closed For the Period of 7/1/2011 to 6./30.'2012
Clients / Departments
Comm ssion • COM
Mayors Office - COM
Open as of 'Opened Within
7/1/2011 Period
ELECT ED OFFICIALS
7
13
Closed Within
Period
4
10:
Open as of
6/30/2012
(Gort) Office of Commissioner - District 1 - COM
7
7
10
6'
(Samoff) Office of Commissioner District 2 - COM
(Carollo) Office of Commissioner - District 3 - COM
131
181
4
(Suarez) Office of Commissioner - District 4 - COM
(S n -Jones) Ottlee of Commissioner- District 5 - COM
Auditor GeneraIs Office - CO
City Clerk's Office - COM
1Ci
e
Agenda Olfiee
OM
Building and Zoning - COM
Capital Improvement Program - COM
11
DEPARTMENTS / CLIENTS
Civilian Investigative Panel (Department) • COM
4:
1 93
70
51
7
402
134
2
15
5
10
0
16
2'
2
1361
2,
4
Code Enforcement - COM
1209
17'
29
1197
Community Development - COM
138
229
149
218
Economic Development - COM
Employee Relations - COM
Finance - COM
Fire -Rescue - COM
79
1223
96
57
392
120
61
379
121
75
1236
95
Firefightersand Police Officers Retirement Trust • COM
0
1
General Services Administration - COM 18
12 15
15
Grants Administration - COM
19
38
20
Hearing Boards - COM
10
2
Information Technology -COM
22
18, 19
21
Management and Budget - COM
Miami Homeless Assistance Program - COM
Miami Office of Sustainable Initiatives - COM
, Model City Trust - COM
11; 10
6
2' 21
0
0
Neighborhood Enhancement Team - COM
11
34
11
Office of Communications • COM
4
7, 6
Parks & Recreation - COM
Planning - COM
57
9
56
61
10
Police - COM
Public Facilities - COM
Public Works - COM
Purchasing - COM
299, 269
137 232 235;
228 212' 15I1
39 46 5*
523
Risk Management - COM 2031 134 171
Solid Waste - COM 62
AUTHORITIES, BOARDS & COMMITTEES
Bavfront Park Mana6ement Trust- CO
Civil Service Board • COM
Coconut Grove Business Improvement District Board - COM
Downtown Development Authority - COM
Liberty City Community Revitalization Trust - COM
1Miami Sports & Exhibition Authority Board - COM
Midtown (CRA) • COM
OMNI(CRA)-COM
Off -Street Parking Board - COM
SEOPW (CRA) - COM
1
76
7,
1
34,
14
2 1
11
2
20
521
221 553
1344;
289,
166
79
141
4
2
2
7
39'
16
11
7
431
32:
5;
11
30
12
Virginia Key Beach Park Trust • COM
6
6
6
4555
2832
2461
4926
Reporting Period July 1,2011 — June 30, 2012
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Litigation Summary
Reporting Period:
Iiiiif
New Lawsuits
7/01/11
- 6/30/12
110
Total Lawsuits Tried
13
Trial Wins
10
Trial Losses
Summary Judgments
15
Dismissals
37
Settlements
Appeals
New Appeals
67
32
Total Appeals Resolved
48
Appeal Wins
25
Appeal Losses
16
Grievances
New Grievances
19
Grievances Resolved
Unemployment Comp
New Unemployment
26
Unemployment Resolved
5
Workers' Compensation (WC)
New WC Claims
34
WC Adjudicated
WC Settled
22
WC Dismissed
New CS Cases
7
31
CS Settled
12
CS Adjudicated
27
* This report includes workers' compensation litigation, grievances and arbitrations, civil
service matters, unemployment and discrimination claims. It excludes garnishments, quiet title
actions, and foreclosures in which the City defends its interest and excludes individual code
enforcement matters.
Reporting Period July 1, 2011 — June 30, 2012
9
Civil Litigation and Appeals
The attorneys assigned to this practice area defend the City and its various agencies,
departments, officers, agents, employees and elected officials in lawsuits filed in federal and
state courts. The bulk of the litigation cases involve personal injury, property damage, auto
negligence, premises liability, breach of contract, false arrests, battery, malicious prosecution,
and violations of civil rights.
The land use and labor and employment disputes are assigned to the attorneys with expertise
in those respective sections. In addition, staff attorneys litigate real estate, including foreclosure
and quiet title actions, public purchasing protests, and public records cases.
This practice area also pursues affirmative litigation which seeks to recover money for
breach of contract, damages to City property, and collection of various debts or financial
obligations owed to the City. The land use litigators handle eminent domain litigation,
injunctions to prevent nuisances and violations of City Codes.
This Office is currently handling 1,583 cases on behalf of the City in the area of real estate
litigation, which includes foreclosure, and quiet title actions. As the real estate market struggles,
the City continues to be named in an unprecedented number of foreclosure and quiet title cases.
The City may be either a plaintiff filing an action to collect its money or a defendant to protect
the City's interest. In spite of the economic downturn, staff attorneys successfully collected
$105,760 in foreclosure or quiet title matters during this reporting period. Moreover, this year
the City is aggressively intervening
in foreclosure cases in order to
protect the City's interests.
Submitted into the public
record in connection with
items NA.4 on 02-28-13
Todd B. Hannon
City Clerk
Reporting Period July I, 2011 — June 30, 2012
10
Some of the more significant matters
the following pages by practice area.
Civil Rights
Submitted into the public
record in connection with
items NA.4 on 02-28-13
Todd B. Hannon
City Clerk
gated during this reporting period are summarized in
DEFENSE VERDICT OBTAINED IN
CIVIL RIGHTS ACTION
Eutiquio Eloy v . Officer Jean Paul
Guillot
USDC Case No.: 0-1-20037-CIV-King
Plaintiff claimed that he was falsely
arrested for disorderly intoxication, and
other misdemeanors, which arrest resulted in
the revocation of his bond on the unrelated
charges. He remained incarcerated until his
ultimate conviction in the unrelated case. In
his initial complaint, he requested damages
totaling $200,000 against the arresting
officer. The jury found the officer did not
intentionally commit acts that violated
Plaintiff's federal constitutional right not to
be arrested or seized without probable cause.
SUMMARY JUDGMENT GRANTED
TO CITY AND OFFICER IN
ALLEGED EXCESSIVE USE OF
FORCE CASE
Tairen Olandis Gage, a/k/a Taren
Olandis Gage v. Sgt. Laurenceau,
The City of Miami Police
Department
USDC Case No.: 10-21085-Civ-Hoeveler
Plaintiff alleged when he was
approached by the police as a suspect of a
burglary, he was told to "get on the ground
now or I'll shoot you." Rather than comply,
he fled and jumped an eight foot fence while
being chased by police, but then surrendered
and was handcuffed. He alleges that he was
then pushed to the ground and seriously
injured. The court ruled that the officers
were entitled to use force until the offender
was secured, and that, at most, the use of
force was de rninimus.
POLICE CASE SETTLED FOR
DE MINIMUS SUM
Vincent Post v. City of Miami Police
Department,
USDC Case No.: 11-22311-Civ-Altonago
Plaintiff, said he was falsely arrested
and a victim of excessive use of force by
police. He sought damages of $82,534 when
the charges were dropped stating that his
civil rights were violated and said the City
failed to supervise and train its officers. He
further claimed that, as a result of the arrest,
he was terminated from his position with
Great Florida Bank, a position in which he
was earning a base salary of $225,000. The
City obtained the security video from the
Mutiny Hotel which showed the
circumstances surrounding Plaintiffs arrest
for aggravated assault against an elderly 64
year old woman and also determined that
Plaintiff previously filed an age
discrimination lawsuit against Great Florida
Bank as a result of his termination. In that
lawsuit, plaintiff testified that it was a case
of mistaken identity; that he was not the
person shown on the security video - a
contradiction in his testimony. Faced with a
motion to strike his pleadings, the case was
settled for $500.
Reporting Period July 1, 2011 — June 30, 20
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APPELLANT'$ CLAIMS
TIME -BARRED
Timothy Sneed v. Pan American
Hospital, Dr. Raul Hernandez:, Det.
Rolando Garcia, Det, Orlando
Villaverde, City of Miami Police
Department, City of Miami Mayor
Manuel (Manny) Diaz
USDC 11th Circuit. Case No.: 10-15530
Plaintiff went to a hospital after
being grazed by a bullet fired from a gun.
But when the police responded to the
hospital, he refused to speak with them. He
was tried and eventually was convicted of
2nd degree murder. He alleged a violation
of his constitutional rights under both
federal and state law, because he said the
police wrongfully used his medical records
to support the prosecution. The Court
dismissed the case finding that the plaintiff
had no standing to bring an action under the
Health Insurance Portability and
Accountability Act ("HIPPA") and because
the claim was time barred.
Constitutional Challenges
CLASS ACTION INVOLVING
MULTIPLE CITIES DISMISSED
Michael C. Addison and Richard T.
Petitt, for themselves and all others
similarly situated v. Cii). of Tampa,
Florida, individually, and as
representatives of all other Florida
municipalities similarly situated,
Florida Court of Appeal,
Second District. Case No.: 2D10-4617
In 2003, Plaintiffs sued several cities
who imposed occupational license taxes
upon attorneys, claiming the tax was
unconstitutional and seeking a refund of the
taxes paid for the period four (4) years prior
to the filing of their suit in 2003, until
judgment. On motions to dismiss filed by
the City of Miami and Miami -Dade County
in 2003, the Hillsborough County Circuit
Court dismissed the City of Miami and
Miami -Dade County on the basis of home
venue privilege. But because of a class
certification ruling, the City of Miami and
Miami -Dade County remained as defendant
class members in the case. Ultimately, the
Hillsborough County Circuit Court
dismissed all non -Hillsborough County
defendant class members on the basis of
home venue privilege. It also specifically
rejected the Plaintiffs' theory of a class
action exception to the home venue privilege
which was upheld on appeal.
Reporting Period July 1, 2011 — June 30, 20
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WRONGFUL DEATH ACTION OF
THE ESTATE OF A DECEASED
MINOR SETTLED EQUITIBLY
Yanet Leyva vs. Palmenia Alfonso, et
al v. City of Miami
Miami -Dade Circuit Court,
Case No.: 06-04570 CA 08
This wrongful death action was
brought on behalf of a deceased minor 11-
year-old girl, who was crossing Flagler
Street when she was struck by a car at a
crosswalk attended by two City of Miami
school crossing guards. The City was sued
along with the driver and the School Board
and Miami Dade County alleging its
crossing guards were negligent in
performing their duties. Al! parties moved
for summary judgment and the motions
were denied. This matter was settled as the
case was going to trial with all parties as
follows: $24,999 from the City, $25,000
from the School Board, and $12,500 from
Miami -Dade County. The driver and the
owner of the vehicle failed to answer the
complaint.
PLAINTIFF FAILS TO OBTAIN
VERDICT HIGHER THAN CITY'S
OFFER OF SETTLEMENT IN FALSE
ARREST CASE ENTITLING CITY TO
ATTORNEY'S FEES
Bienvenido Quintana v. City of
Miami
Miami -Dade Circuit Court,
Case No.: 10-45415 CA 11
Plaintiff claimed he was falsely
arrested without probable cause, for loitering
and prowling. He was detained for less than
one hour but spent no time in jail. The
criminal court dismissed the criminal
charges and Plaintiff sought damages for
mental pain and suffering, loss of dignity,
pride, reputation, self-confidence.
embarrassment, costs and attorney's fees,
and demanded up to $75,000. The City
offered $4,500 in an offer of settlement. At
trial the Plaintiff obtained S1,000, which
entitled the City to seek its attorney's fees.
BALANCED SETTLEMENT
ARRISING FROM
WATERCRAFT ACCIDENT
Richard S. Sol v. City ofMiami and
Fireman's Fund Insurance Company,
USDC Case No.: 08-22498-Civ-Hoeveler
Plaintiff said he was a passenger on a
boat returning to the Grove Harbor Marina,
when another vessel, operated by Miami
Marine Patrol collided with the vessel where
he was a passenger, resulting in severe
bodily injury. He sued the City under federal
maritime laws, which have no sovereign
immunity limitation. The insurance of the
vessel paid $1.85 million, obtaining a
release of all parties, including the City and
the Marine Patrol Officer and asserted a
contribution and indemnity claim against the
City and the Marine Patrol Officer which
claim was dismissed. The case was
consolidated with another action, and
subsequently settled with a payment of
$425,000 by the City to the insured,
Reporting Period July 1, 2011 — June 30, 2012 El
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SUCCESSFUL DEFENSE CAUSES
SETTLEMENT
ON DAY OF TRIAL
Joseph Williams v. Florida Power &
Light Company and City of Miami,
Miami -Dade Circuit Court,
Case No.: 05-19806 CA 05
Plaintiff was seated on a bus bench
on NW l7th Avenue, near 46th Street, when
an overhead power line fell, causing him to
jump or fall into the street, where he was
struck, and his foot was run over, by a City
of Miami Solid Waste trash truck. The
accident resulted in a serious injury to
Plaintiffs foot, such that a complete below -
the knee amputation was required. Two
weeks prior to trial, FP&L settled with the
Plaintiff for a confidential sum between
$850,000 and $1,000,000. The City's
maximum exposure was $100,000 and on
the morning of trial, the Plaintiff settled with
the City for Si1,000.
Reporting Period July 1, 2011 — June 30, 20
Land Use and Code Enforcement
CITY COMMISSION DECISION
CONCERNING CHARTER SCHOOL
IN BRICKELL AREA UPHELD
Barim at Brickell, LLC,
Westerbri Group, LLC. v. City of
Miami and 1701 Brickell
Condominium, LLC.
Miami -Dade Circuit Court,
Appellate Division Case No.: 11-192 AP
The applicants sought a special
exception to permit development of a 1,700
student K-12 charter school, and construction
of a 7-story building with a parking garage
across the street. The Zoning Board approved
the application, but, the City Commission
reversed the Zoning Board's decision and
denied the special exception on an appeal by a
neighboring condominium association. The
Applicants challenged the decision but the
Court upheld the City Commissions action.
APPELLATE DIVISION AFFIRMS
FINAL ADMINISTRATIVE
ENFORCEMENT ORDER
Coconut Grove Playhouse, LLC.
The City of Miami
Miami -Dade Circuit Court,
Appellate Division, Case No.: 10-376 AP
The Code Enforcement Board found
that the Coconut Grove Playhouse "parking lot
was not conforming with off-street parking
guides and standards." The property owner
appealed to the Circuit Court's Appellate
Division and after the submission of
supplemental briefs, the Court affirmed the
Final Administrative Enforcement Order
determining that a violation existed.
Submitted into the public
record in connection with
items NA.4 on 02-28-13
Todd B. Hannon
City Clerk
CITY PREVAILS ON SUMMARY
JUDGMENT - MIAMI ART MUSEUM
City of Miami v. Miami
Neighborhoods United and Elvis
Cruz
Miami -Dade Circuit Court,
Case No.: 09-86215 CA 11
Plaintiffs, Miami Neighborhoods
United and an individual citizen, challenged
the Miami Art Museum component of the
Museum Park Project alleging a violation of
the City Charter and that the Major Use
Special Permit (MUSP) granted by the City
Commission, for the Miami Art Museum
Project is not consistent with the City's
Comprehensive Plan. After arguments and
briefs the Court ruled in favor of the City and
the Museum.
RESTAURANT OWNER RETAINS
SPECIAL EXCEPTION
Moheb, Inc., d/b/a Mr. Moe's vs.
City of Miami,
Miami -Dade Circuit Court,
Case No.: 10-22609 CA 24
The Plaintiff, a restaurant, alleged that
the City Code permitted it to sell alcohol until
5:00 a.m. because it had a special exception to
operate as a supper club. In 2008, the City
amended its Code to stop the sale of alcohol in
Coconut Grove at 3:00 a.m. Plaintiff alleged
it had a property right in the special exception
and that it survived the ordinance's
amendment. In addition, Plaintiff alleged it
lost more than $1 million in revenue because
of the reduction in hours for alcohol sales.
The parties reached an agreement to settle this
claim in the amount of $10,000 with the
provision that Plaintiff would be allowed to
sell alcohol as permitted prior to the 2008
amendment to the City's ordinance.
Reporting Period July 1, 2011 — June 30, 2012
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CODE ENFORCEMENT BOARD
ORDER FINDING FINNEGANS IN
VIOLATION OF NOISE
ORDINANCE AFFIRMED
Ocean Drive Clevelander, Inc. v.
City of Miami
Miami -Dade Circuit Court,
Appellate Division. Case No.: 10-251 AP
Finnegans, was cited for "loud
noises" emanating from its property in
violation of the City Code. The Special
Master entered an Order finding that the
property owner violated the noise ordinance,
and imposed a $100 per diem fine and $150
in prosecution costs. On appeal, the
Appellate Division affirmed the decision of
the Special Master.
INJUNCTION AGAINST CITY TO
STOP DEMOLITION OF A
PROPERTY IS DISMISSED
Ken Pierce v. City ofMiami,
Miami -Dade Circuit Court,
Case No.: 11-16148 CA 11
Plaintiff claimed that the City issued a
demolition notification because of a history of
violations on the property, not due to any
current violations and sought to enjoin the
City from demolishing the property. The
motion for injunction was denied and the
matter dismissed, allowing for demolition of
the structure.
PETITION DENIED IN FAVOR OF
THE CITY
Power U Center for Social Change,
Inc., et al. v. Miami City
Commission and City of Miami CRA,
Miami -Dade Circuit Court,
Appellate Division Case No. 08-047 AP
Plaintiffs challenged the City
Commission approval of a MUSP for the
"Sawyer's Walk/Crosswinds Project," a
12-14 story mixed use project alleging that
improper communications occurred between
Commissioners and CRA staff, the MUSP
did not comply with Florida law and the
Major Use Special Permit (MUSP) did not
comply with the CRA's housing policy as set
aside for low income families. The
Appellate Division of the Circuit Court
denied the Petition without opinion thereby
upholding the City Commission actions.
CITY COMMISSION'S DENIAL OF
EXCEPTION TO LITTLE RIVER
CLUB TO USE RESIDENTIAL LOTS
BEHIND BUSINESS FOR
COMMERCIAL PARKING
The Little River Club, Inc. v City of
Miami
Miami -Dade Circuit Court,
Case No,: 11-322 AP & 11-406 AP
Plaintiffs sought to continue to use the
rear portion of its property as a parking lot
contrary to that which is allowed in the City's
Zoning Ordinance. Approval was denied by
the City Commission and Plaintiffs, alleging
vested rights, contended that the City
regulations do not require the Club to secure
public hearing approval because the City
improperly classified the Club's prior
conditional use permit, obtained under a
previous Zoning Ordinance. The Court ruled
that the City Commission did not depart from
the essential requirements of law in
determining that the Club was not entitled to
use the parking lot as a right.
Reporting Period July 1, 2011 — June 30, 2012
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Unsafe Structures
The Office of the City Attorney has reviewed more than a hundred files provided by the
Building Department for legal sufficiency with regard to unsafe structures to facilitate demolition
of those properties. Proper service was obtained on hundreds of individuals and corporations
resulting in settlements of lien claims and also the successful demolition of more than fifty-three
structures.
Collections and Significant Settlements
CITY REIMBURSED $26,689.98 BY
STATE OF FLORIDA, SPECIAL
DISABILITY TRUST FUND
Fernando Acosta v. City of Miami,
Special Disability Trust Fund,
Claim No.: 0289S-011131
The State of Florida reimbursed the
City $26,689.98 because an injured worker
had a preexisting permanent impairment,
which caused the City to incur liability for
excess compensation. Reimbursement was
made because the City hired the worker even
though the City knew that the worker suffered
from a preexisting permanent impairment.
CITY RECOVERS $21,645.00
In the Matter of Catina Anderson
Mauer ID No. 11-16-1
The Claimant sustained personal injuries
in a car accident for which required medical
services, and caused a loss of wages. She
received a net recovery of $83,333.00 from
the third party who was responsible for the
accident. The City received $21,645 out of
the Claimant's recovery and maintains an 8%
lien on all future medical and indemnity
benefits up to the amount of her net recovery.
SETTLEMENT IN TELE-
COMMUNICATIONS CASE
Sprint -Spectrum L.P., dlbla Sprint
PCS v. City of Miami and Miami -
Dade County,
Miami -Dade Circuit Court,
Case No.: 01-28782 CA 01
Plaintiff alleged that during a three (3)
year period, it overpaid the City of Miami
Public Service Tax, and underpaid Miami
Dade County, in the amount of $2,052,933.
By cross -claim, the County sought to recover
the money from the City based on a
constructive trust theory. During, the
pendency of the litigation, Sprint was
unilaterally deducting a portion of tax due the
City and paying it directly to the County,
prompting the City to file suit against Sprint to
refund the money. Sprint's unilateral
deductions over time amounted to $1,665,313,
leaving an unsatisfied difference of $387,620.
After intense discovery and negotiations, the
two cases were settled by Sprint agreeing to
pay the County $194,000, the City agreeing to
pay Sprint $97,000, and the County agreeing
to compromise its claim by 5193,620,
Reporting Period July 1, 2011 — June 30, 20
2
�
Labor
d Employmen
V
m
This practice area relates to the City`o nJ|e as the employer ofapproximately 4000 union
and non -union worker6, including all 1412ution in state and federal court in connection with
discipline, discharge, and promotions, The Office Of the []Ly Attorney also advises
rnanogonleot on labor relations issues, and on compliance with state and federal |ahnc laws. The
Office of the City Attorney collaborates with special outside labor counsel regarding the
unionized workforce in mutters invo|vin2 collective haruoining, union contract administration
and Lyricvuncco. Attorneys assigned to this area represented the City and its employment actions
before the Civil Service Board, the NJiunni'Dudc County Equal Employment Opportunity Board.
the Public Ernp|nyoee Relations Commission, [)rportnncnt of Veterans Affairs, Department of
Administrative Hearings, and Unemployment Compensation Appeals.
Some of the significant matters handled by the (}fTcc of the City Attorney during this
reporting period are:
FINAL SUMMARY . .....�~—.~...'.'~. ~�.—~~,.~~...
GRANTED IN FAVOR OF CITY IN
00HISTK EBLOWER ACTION
Jose 6./tcunuv.Ci�'nfj��oni
K�ionni'Dode Circuit Court
[use No�07-0632|CA06
The P|u\nidT, u state |ow whisdcb\ower,
uUe-cd constructive discharge because he
received a reprimand for violations of
Departmental Orders and Civil Service
Rules and Rcgu|ndnos and which informed
him that the City intended to terminate his
rnnp|oynnenL Plaintiff prc'ernpbvc|y sierncd
retirement documents selecting u date
certain for separation from employment, but
no March 10. 2006, the Plaintiff n:siorncd in
order to preserve accrued sick leave, which
he would have forfeited had he been
terminated. On 3urnnnury judgment, the
Court u-reed with the City that the Plaintiff
was not terminated, bLit rather Voluntarily
resigned and that his rcsi�uutiou was not a
constructive discharge, nor was it the rcsub
of duress,
CITY DISMISSED IN SUIT FOR LACK
OF PROSECUTION BY PUAKNITFF
Michael J. Boudreaux v. Cdv of Miami,
Miami Dodc Circuit Court.
Case No.:10-2188UCAU9
Plaintiff, the former Budget [)irerkor,
asserted a cia\nn For violation of Florida's
Public Sector \Vhisticbi0°/cr Act. and
Sought reinstatement to his former position,
connpensuhoo for lost *ugcs, benefits and
other lost remuneration, and all coots and
attorneys fees. He did not request a Civil
Service Rule |6 -bevunce hnurin-, u
prerequisite to pursuing a whisUeh|owcr
claim. Thus, the City moved for ounnrnmry
judgment. Prior to the 3umrnO[y judgment
being heard, the Court on its own dismissed
the action for lack of prosecution.
Rcportina Period July 1,201\ —Juoc 30.201I
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CITY GRANTED DIRECTED VERDICT
FOLLOWING JURY TRIAL
Kathy Daegling v. City of Miami
Miami -Dade Circuit Court,
Case No.: 02-29684 CA 02
Plaintiff alleged multiple torts,
discrimination, retaliation and Florida's Public
Sector Whistleblower claims against the City
and two (2) individual co-workers. She
claimed that she was denied a promotion to
NET Administrator. She sought
compensatory damages and retroactive
promotion with all back pay and emoluments.
The employment claims were tried in
September of 2009 and on her whistleblower
claim, no damages were awarded. But, on the
discrimination claim, the Plaintiff was
awarded $320,000, and on the retaliation
claim she was awarded $180,000. The Court
then granted the City's motion for new trial,
which determination was upheld on appeal.
The Court then agreed with the City's Motion
for Summary Judgment on the discrimination
claim, and after a second trial by jury, granted
a directed verdict on the retaliation claim.
CIRCUIT APPELLATE DIVISION
AFFIRMS CITY COMMISSION'S
DECISION TO TERMINATE THE
CHIEF OF POLICE
Miguel A. Exposito v. City of Miami
Miami -Dade Circuit Court,
Appellate Division, Case No.: 11-600AP
The former Chief of Police alleged that
the decision of the City Commission
upholding his termination and removing him
from the Office of Chief of Police, was not
based on substantial competent evidence,
denied him procedural due process, departed
from the essential requirements of law, and
should be reversed. The appellate court ruled
that by reassigning command staff officers in
contravention of the Manager's instruction to
"maintain the status quo", the Chief acted in
direct contravention to the Manager's
instruction and, therefore, the Commission's
decision to affirm the termination of the Chief
complied with the essential requirement of
law and the Chief was not denied due process
by the Commission. The Court in denying the
Chief's petitions affirmed the City
Commission actions.
PERC DISMISSES FOP's UNFAIR
LABOR PRACTICE CHARGE
CONCERNING F.S. 447.4095, F.S.
Walter E. Headley, Jr. Miami Lodge
#20, Fraternal Order of Police, Inc.
v. City of Miami
Public Employees Relations Commission,
Case No.: CA-2010-119
The Police Union contends that the
financial urgency statute may be invoked only
to modify the terms of an existing agreement
and that when the City advised PERC that it
had engaged in contract negotiations because
of the financial urgency, the City unilaterally
altered the terms and conditions of
employment before reaching impasse with the
FOP which was a violation of the statute.
Further, the Union alleged that, although the
changes were not discussed with them, the
changes were discussed in a closed -door,
unnoticed shade meeting conducted in
violation of the law. The Union contended
that the failure of the City to have any
discussions with the Union on these matters
constituted bad faith or "surface bargaining"
in violation of the law. It also asserted that by
unilaterally altering terms and conditions of
employment before completion of the
statutory impasse procedure and by not
responding to a request for records, the City
additionally violated all legal requirements.
PERC in a two -to -one decision, with one
dissent, denied the Union's exceptions and
dismissed the Union's unfair labor practice
charge. The Union has appealed to the district
court of appeal.
Reporting Period July 1, 2011 — June 30, 2012
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COUNTY EQUAL OPPORTUNITY
BOARD'S FINDING THAT CITY
DISCRIMINATED BASED ON POLICE
OFFICER'S DISABILITY REVERSED
City of Miami v. Miguel A. Hervis
Third District Court of Appeal,
Case No.: 3D11-4--12
Claimant alleged discrimination by
the City based on disability in a claim filed
with the Miami -Dade County Equal
Opportunity Board ("EOB"), now known as
The Commission on Human Relations. The
EOB ruled against the City. The City
requested an evidentiary hearing, and the
EOB again ruled in favor of the Claimant.
The City appealed to Circuit Court
Appellate Division arguing that Claimant
failed to prove that the reasons for the City
not promoting him to the position of
commander were a pretext for
discrimination, The Circuit Court Appellate
Division per curiarn affirmed the decision of
EOB. The City sought review before the 3rd
District Court of Appeals (3rd DCA) which
found in favor of the City.
SUCCESSFUL DEFENSE OF
TERMINATION DECISION BY
DOSP
Luis Lozano v. Miami Parking
Authority, a/k/a Department of Off
Street Parking of the City of Miami,
USDC Case No.: t 1-21876-C11—Huck
Plaintiff alleges that he was
employed by DOSP as a Parking Facility
Supervisor, until he was terminated and
alleges that he was not an exempt employee,
that he worked in excess of 40 hours per
week for 134 weeks, but was not paid
overtime for all work performed above 40
hours. He complained to his employer about
the problem, but it was not remedied. He
also alleges a hostile and objectively
offensive work environment due to sexual
encounters between supervisors and
employees that occurred on his job premises
in parked vehicles during work hours. The
FSLA claim for overtime hours was settled
early on in the litigation in the amount of
$12,000 inclusive of attorney's fees and
costs. On the Title VII claim, alleging
sexual harassment/hostile work environment
and retaliation. DOSP moved for summary
judgment. The Court ruled that the isolated
incidents were too insignificant to allow a
reasonable inference that plaintiff suffered
an objectively hostile work environment."
Further, on the retaliation claim, the Court
ruled that Plaintiff failed to establish a claim
for retaliatory discharge, because what the
plaintiff reported to HR was that there were
"rumors and gossip among employees".
Accordingly summary judgment was entered
in favor of DOSP.
CITY'S ACTIONS DEEMED
COMPLIANT WITH STATUTE
Miami Association of Firefighters,
Local 587 , of the International
Association of Firefighters of Miami,
Florida v. City of MiaMi
Public Employees Relations Commission,
Case No.: CA-2010-124
The Firefighters Union alleged •in
exchange for concessions by the Union, the
agreement it had with the City was extended
and that the City expressly waived its right to
cease funding in any year of the agreement
except in the case of true fiscal emergency.
The Union further alleged that less than six
months after agreeing to the extension, the
City, under the law financial urgency,
unilaterally took action to modify wages,
insurance and pension benefits. The Union
asserted that the City's action was improper.
The Union charges that an unnoticed shade
meeting held was in violation of the open
meeting statute. The Union asserted that the
City failed to bargain collectively and in good
faith by not providing the Union with notice in
Reporting Period July 1, 2011 — June 30, 2012
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advance, of imposing changes in the
agreement. The Union sought reinstatement
of all benefits (pension and wages) modified
by the City Commission. The Public
Employee Relations Commission ("PERC")
found the City was in compliance with the law
and dismissed the unfair labor practice charge.
DISMISSAL OF UNION'S
CONSTITUTIONAL AND
SUNSHINE CLAIMS AFFIRMED
Miami Association of Firefighters
Local 587 of the International
Association of Firefighters, of
Miami, Florida
Third District Court of Appeal,
Case No.: 3D11-748
The Firefighters Union challenged the
City's unilateral modification of wages,
insurance, and pension benefits, as not
permissible and further alleged that the City
took hostile legislative actions as a result of a
"shade" or "executive session" that failed to
comply with the Sunshine Law. The Union
claims the actions of the City constituted an
abridgement of the right to collectively
bargain in violation of the Florida Constitution
and impaired the members' contract rights.
The Circuit Court dismissed the action based
on preemption to the Public Employees
Relations Commission (''PERC"), which
dismissal was upheld by the Appellate Court
holding that, irrespective of the IA1-1-'s
constitutional and statutory claims, the 1A1-1-
was required to exhaust its administrative
remedies, and PERC has jurisdiction in the
first instance to adjudicate the allegations of
constitutional rights and statutory violations
complained of.
Civil Service Board
The attorneys in the Labor and Employment section represent management before the
Civil Service Board. They have successfully assisted management in upholding disciplinary
action taken in the workplace by presenting the supporting evidence and argument convincing
the Civil Service Board that the City's actions were
In the matter of
Olantunbosun ")Aluko,
Civil Service Board. Case No. 10-181
The former Director of Capital
Improvement Programs, filed a Rule 16
grievance with the Civil Service Board
alleging that his termination in was in
retaliation for his participation in an
investigation of employees accused a
receiving kickbacks. The parties entered into
a settlement agreement paying Mr. Aluko
$20,000. In exchange, Mr. Aluko executed a
full release.
correct.
In the matter of
Ansonia Chatfield,
Civil Service Board. Case No,: 11-26D
An Emergency Dispatcher was
terminated because she repeatedly refused to
follow a Police Sergeant's direct order to
cancel a motorcycle chase and for making
offensive comments directed to her
supervisors. After hearings on three separate
days, the Civil Service Board found her guilty
of insubordination, disgraceful conduct, loss
and injury to the City. Final Judgment
sustaining the termination was issued.
Reporting Period July 1, 2011 — June 30, 20
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In the matter of
Jeffrey Locke,
Civil Service Board, Case No. 09-1ID
A police Lieutenant received a twenty
(20) hour suspension for submitting multiple
overtime slips for duplicative work. The Civil
Service Board found him guilty of neglect and
inattention to duty judgment sustaining the
twenty (20) hour suspension was issued.
Workers' Compensation
During this reporting period the Workers' Compensation Section continued to build on
this Office's past successes in workers' compensation. By continuing the team approach
between Gallagher -Bassett Services, the City's claims adjusters, and the Department of Risk
Management, excellent results and the issue reported below were achieved. One of the
significant matters handled by the Workers' Compensation Section during this reporting period
is:
SERIOUSLY INJURED OFF -DUTY
POLICE OFFICER DENIED WORKERS
COMPENSATION BENEFITS
FOLLOWING AUTO ACCIDENT
Rolando Rodriguez v. City of Miami
Office of the Judge of Compensation
Claims, Case No.: I0-012381CMH
The claimant was a police officer for
the City of Miami who alleged he was injured
on-the-job when he lost control of his City -
issued police motor vehicle and struck a pole in
the early morning hours, on the second of his
three days off, while not on official business,
and while outside the jurisdictional limits of
the City of Miami. The claimant asserted that,
while he understood that he was in violation of
various Departmental Orders, he believed he
was thrust into his duties when he observed a
vehicle speed past him on a state road. He
admits that he never mentioned the existence of
the vehicle to anyone until he filed a Petition
for Benefits and he presented no corroborating
evidence on the existence of the other vehicle.
The entire claim was denied by the City
because the incident was not in the course and
scope of his employment; and the actions were
in violation of Departmental Orders. The
Judge of Compensation Claims ruled in favor
of the City of Miami, finding that the accident
did not arise out of the course and scope of the
officer's employment.
ReportingPeriod July 1, 2011 — June 30, 20
2
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Quality of Life and Land Use
In the area of Quality of Life and Land Use, this Office deals with many areas of law, such as
zoning, land use, building, subdivision regulation, plats, sustainable initiatives, solid waste, and
community development, just to name a few. This Office reviewed more than 20 plats this
reporting period.
Of particular sensitivity to Commissioners and the community are Code Enforcement, Solid
Waste, Sustainable Initiatives, demolition issues, and Community Development.
This Office handled several notable cases in the area of Code Enforcement. The Office of
the City Attorney prosecuted in excess of 500 cases which addressed Code violations such as
illegal construction, tree removal, illegally maintaining or depositing junk or trash, graffiti,
failure of a business to have the appropriate certificate of use or business tax receipt, and
violations pertaining to vacant, blighted, unsecured, or abandoned structures. Some of these
cases required circuit court appearances, including:
Brickell Flatiron v. City of Miami,
Miami -Dade Circuit Court, Case No.
2011-25746 CA 06
The Plaintiff, property owner,
brought suit seeking declaratory and
injunctive relief to prohibit the City from
enforcing any rights pursuant to two Code
Enforcement Board Orders finding the
property guilty of certain Code and Zoning
violations. Plaintiff alleges that he was not
afforded proper notice and was thus denied
due process. The parties entered into a
settlement whereby the underlying
violations would be complied with no later
than October 31, 2012 and the City collected
$45,000 in satisfaction of the pending fines.
Metro Parking vs. City of Miami, Miami -
Dade Circuit Court, Case No. 2011-38742
CA 02
The Plaintiff, a parking lot operator, was
issued a certificate of use (CU) and interim
parking permit (IPP) with the condition that
all code violations and liens on the property
be satisfied within 30 days. Plaintiff failed
to do so, which caused the City to revoke
Plaintiffs CU and IPP, thus prohibiting the
operation of Plaintiffs business. Plaintiff
then filed suit, seeking an emergency
temporary injunction to prevent the City
from enforcing the conditions of the CU and
IPP and allowing Plaintiffs business to
resume operating. The Court denied
injunctive relief and thereafter, the Plaintiff
entered into a settlement with the City and
dismissed its Complaint with prejudice.
Reporting Period July 1, 2011 — June 30, 2012
In the area of Solid Waste, this Office handled several important issues including
collecting unpaid franchise fees from General Hauling Services in the amount of S36,857.55.
The office reviewed in excess of 39 Sustainable Initiative grants and entered into an
agreement with the Town of Cutler Bay under the Property Assessment Clean Energy Act
(PACE) and several other municipalities to create a special district known as the PACE District
which provides financing to participating properties wishing. to install green improvements. The
District would have the authority to levy special assessment liens against properties in the event
of default. Our Office reviewed and revised the interlocal agreement to protect the City from
any liability arising from the creation and operation of the PACE District.
In the areas of Building, this Office assisted in obtaining a free mortgage information
system from Wells Fargo Bank to enable the City to access mortgage information for distressed
properties, which was part of Operation Clean Sweep to open lines of communication with banks
for the repair of unsafe structures.
The Office of the City Attorney drafted, closed and reviewed loan and security
agreements for various complex real estate transactions as it relates to Affordable Housing
totaling $7,422,667 in loan funds and thereby increasing the supply of affordable housing by
147 units. Projects that closed this reporting period are: The Carver Apartments & Shoppes;
Park View Apartments II; Park View Apartments II; Edificio Pineiro; New Life Apartments and
Vista 12 Apartments.
Reporting Period July 1, 2011 — June 30.2012
Contracts
ct d Procurement
The work in this practice area touches upon all aspects of financial, cnnnnnerCia| and
contractual transactions undertaken by the OLy, In this reporting period. approximately 090
contracts were reviewed by�bis(�f[icc�oCu|io�apprnxicnatdy5343,6AO�90inva|uudou.
In the area of public procurement and purchasingo.dbc decline in actual bid protests filed
before the City Commission continued due to the effective counsel offered by this Office. The
Purcbuainc, [))rector, with aubotuodo| |ece} advice from this Office, has reduced bid protests
taken before the City Connnoismino with the issuance of protest denials supported by cogent and
compelling analysis.
Moreover, significant legal services were provided in the procurement of innovative
services notably, the approval ofsophisticated agreements and miscellaneous contracts for the
provision of goods and services �n �bc City including:
Second Amendment to the Settlement Agreement with
[|canzbuunc| Communications, which will provide the City u
minimum annual revenue of $210K, and
2. License grnenncotwith C\curcbanne|Communications, which
will provide the City a rr�nimum annual revenue of $80K.
Morcovcr, this office has continued to assist with the ne�ctk�ions in several major
projects such as the Baseball Stadium Parking Facilities Project, the Heliport Project, and the
Museum Park Project, and the Partial Modification
of deed restrictions for Watson lo|uod. This office
also assisted with the unucodrneut to the
Assumption of the Loan Guarantee Assistance
Liability and Pledge A�r��ro�n� regarding Parrot
Juo�|e.
Reporting Period July 1, 2011 —June 30, 20
General
Government
& Public
* Safe
During this reporting period the City experienced nnuoy transitions in upper management
staff. C0n5eQuer8|». the Office Of the City Attorney, d]oJu�h i�» ��UDrn�yS, Legislative Section,
and f\dnniui,tnahvc Staff, assisted the new personnel by providing guidance and advice on u|!
aspects of municipal governance including compliance with open government and conflict of
interest regulations.
This Office has worked closely with the ckzk:d officials and administration in the
preparation of legislation adopted by the City COrnrni5sioO and implemented by the
administration during the reporting period. Amongst the policy objectives accomplished thereby
are included: crcuhno of u spcdu| cvcoin district for pedicah operations-, establishment of an
unsafe structure panel for the City Of L'vliam creation of specialty districts for purposes of
re-ulahoe, the so|c of alcoholic beverages; regu|uhoo of uignugc on public buildings�
estmh|i5hrncut of requirements for the p|ucernnot of changing stations (baby) in the <.ity`s public
ccstnoorus;amendments tothe no -panhandling ordinance to include additional areas within the
urban core, including areas around the American Airlines Arena-, authorization for trash can
donations to the City; modifications to the Planning, Zoning and Buiidinc,Fces modifications to
the ordinance nc|abos!to parking waiver payments in the Coconut Grove area; modifications to
the Marine Stadium fee schedule to he more in (inn with fees charcred by other municipalities for
certain uses of similar areas; regulation of controlled excuvations, fiUincy of such site», and
grecnin- of demolition sites; operation of u trolley system throughout various City
nciohhorhoodo; authorization of a-rcernouto with non-profit cnddcs that will assist in the
preservation and development ofsignificant city assets such as the Marine Stadium and Olympia
Theater atthe [}usmax {,euLcr for the Performing Arts-, adoption of two Special Area Plans that
will uUn* for the development of major mixed -use commercial and residential facilities in both
the downtown area and the design district area; development of the heliport on Watson Island.
Reporting Period July 1, 2011 —June 30, 2012
The Office of the City Attorney advised the Administration on public records matters,
monitored sensitive matters and assisted the Administration with its Administration Policy on
public records and departmental policies on use of social media by City employees.
We have advised the City on the FPL Turkey Point Plant and Transmission Line
expansion preserving the City's rights in this Administrative proceeding.
Submitted into the public
record in connection with
items NA.4 on 02-28-13
Todd B. Hannon
City Clerk
Reporting Period July 1, 2011 — June 30, 20
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Internship & Legal Corps Progra
For the 9th consecutive year, the Office of the City Attorney has offered the unparalleled
opportunity for second and third year law students to participate as interns within the Office.
Students participate in the internship program during their Fall, Spring, and Summer semesters.
The Office offers a highly competitive internship, with hundreds of applications each year. This
program is viewed as a great opportunity to explore a career in the challenging practice of
municipal law. Students gain excellent legal experience by working closely with experienced
attorney supervisors on a variety of substantive legal matters in all of our areas of law. Students
from the University of Miami, Florida International University, Florida Coastal University,
NOVA Southeastern University, St. Thomas University, Florida State University, University of
Florida, Stetson University, and other law schools outside of Florida, such as Emory, Columbia,
University of Iowa, have interned in the Office of the City Attorney over the years. Students
comply with their school's clinical program uidelines, while participating in a sophisticated
internship program. During the reporting period more than 40 interns participated in this
program. It is a great opportunity for the students and the City of Miami as a whole.
This year, through this Office's constant search to provide the City of v1iami with
excellent legal services with limited legal resources, the Office of the City Attorney implemented
a very successful legal consultant program through grants provided by the University of Miami
School of Law Legal Corps Program. Attorneys who
recently graduated from the University of Miami were paid
by the University to work half a year in the Office. We
engaged six talented attorneys, this reporting period, who
provided free legal work to the City of Miami, for the benefit
of the Office and the City as a whole.
Reporting Period July 1, 2011 — June 30,2012
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ubmitted into the public
record in connection with
items NA.4 on 02-28-13
Todd B. Hannon
City Clerk
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CITYOF MIAMI
Office of the City Attorney
Miami Riverside Center
444 S.W. 2nd Avenue Suite 945
Miami, FL 33130