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HomeMy WebLinkAboutOAB Letter and Memotitg a 4iliami Victoria Mendez City Attorney September 21, 2015 Edduard Prince 1603 NW 7th Avenue Miami, Florida 33136 RE: NOTICE OF REQUEST FOR REMOVAL FROM OVERTOWN ADVISORY BOARD Dear Mr. Prince: Telephone: (305) 416-1800 Telecopier: (305) 416-1801 E-MAIL: Law@miamigov.com This letter is intended to provide you with notice that the Honorable Commissioner Keon Hardemon has formally requested your removal from the Overtown Advisory Board due to a conflict of interest as more particularly described in the attached memorandum. You may avail yourself of a public hearing in regards to such removal, or waive your right to such hearing. The hearing is currently scheduled on October 8, 2015. Please contact me if you wish to discuss this matter further. . SineGr-e,1,7 -lDarii�l D:'IYiaz Assistant City Ate DDD/yei cc: Keon Hardemon, Honorable Commissioner District 5 Victoria Mendez, City Attorney Todd Hannon, City Clerk T.L. Coverson, Overtown Advisory Board Liaison Prince removal letter OFFICE OF THE CITY ATTORNEY / 444 S.W. 2nd Avenue, Suite 945 / Miami, Florida 33130-'1910 CITY OF MIAMI MEMORANDUM TO: Honorable Members of the City Commission FROM: Office of the Honorable Commissioner Keon Hardemon DATE: September 16, 2015 RE: Cause for Removal of Edduard Prince as member of the Overtown Advisory Board I have been made aware of a possible conflict of interest issue concerning one of the members of the Overtown Advisory Board ("OAB"). Edduard Prince ("Prince"), a current member, had several outstanding lawsuits against the City when appointed. At the time it was not an issue; however, matters raised in the course of carrying out his duties as a member of OAB have begun to create conflicts for the City Attorney's Office. As counsel to OAB and the City of Miami ("City"), the City Attorney's Office must represent its clients in compliance with The Florida Bar's Rules of Professional Conduct. Rule 4-1.7(a) of the Florida Bar Rules of Professional Conduct states: (a) Representing Adverse Interests. Except as provided in subdivision (b), a lawyer must not represent a client if: (1) the representation of 1 client will be directly adverse to another client; or (2) there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer. Although subdivision (b), of The Florida Bar Rule cited would allow a conflict to be waived and procuring outside counsel would correct any conflicts, I propose the removal of Prince as a member of OAB. I believe it is the most prudent, cost-effective route to ensure the City's legal defense is neither jeopardized, nor limited and to prevent the City Attorney's representation of OAB from becoming adverse to the City's current litigation. Doc. No.: Prince removal memo