HomeMy WebLinkAboutCover MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jorge L. Fernandez, City Attorney,
DATE: June 9, 2006
RE: Proposed Resolution for City Commission Meeting - June 22, 2006 Meeting
Alice Young v. City of Miami, Jesus Aguero, Jorge Garcia and Israel
Gonzalez, et al. Case No. 99-2994-CIV-MARTINEZ
(File No. 06-00980)
The attached proposed Resolution will, if adopted, authorize the Director of Finance to
issue a check payable to the Trust Account of Hugo A. Rodriguez, P.A., in the amount of
$80,725.00, in full settlement of any and all claims for attorney's fees incurred by Officers
Jesus Aguero, Jorge Garcia and Israel Gonzalez with regard to the above -referenced civil case.
Section 111.065, Fla. Stat. provides the agency employing a law enforcement officer
with the option to pay legal fees and costs for any law enforcement officer in any civil or
criminal action when the action arose out of the performance 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. Hugo A. Rodriguez, Esquire has made a request on behalf of the officers for
reimbursement of attorney's fees incurred in the total amount of $97,170. All of the alleged
charges against the officers, while on duty and in the course and scope of their employment,
have been dismissed in the civil case.
The amount of attorney's fees requested, including Mr. Rodriguez's complete file, has
been reviewed by an outside criminal defense legal expert retained by the City. That expert
has determined that $80,725 would be a reasonable fee for the services provided. At this time,
the City Commission has the following options with respect to the payment of Mr. Rodriguez's
attorney's fees: (A) decline to pay any amount; (B) pay the full amount requested by the
officers' attorney ($97,170) based upon Mr. Rodriguez's opinion that his fees for his services
are reasonable; or (C) pay $80,725, the amount determined to be a reasonable fee for Mr.
Rodriguez's services based upon the opinion of the expert criminal defense attorney retained
by the City to review Mr. Rodriguez's fees, and with whom I concur,
If approved, funds for said payment will be allocated from the City of Miami Self -
Insurance and Insurance Trust fund, Index Code No, 515001.624401.6.652.
W1291:MJS
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator