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, William Hames and John Mervollian, et al.,
Case No. 99-2994-CIV-MARTINEZ
(File No. 06-00981)
The attached proposed Resolution will, if adopted, authorize the Director of Finance to
issue a check payable to the Trust Account of Russell Mace & Associates, P.A., in the amount
of $18,200, in full settlement of any and all claims tor attorney's fees incurred by Officers
William Hames and John Mervollian 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. Russell W. Mace III, Esquire has made a request on behalf of the officers for
reimbursement of attorney's fees incurred in the total amount of $23,062.50. 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. Mace's complete file, has been
reviewed by an outside criminal defense legal expert retained by the City. That expert has
determined that $18,200 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. Mace's
attorney's fees: (A) decline to pay any amount; (B) pay the full amount requested by the
officer's attorney ($23,062.50) based upon Mr. Mace's opinion that his fees for his services are
reasonable; or (C) pay $18,200, the amount determined to be a reasonable fee for Mr. Mace's
services based upon the opinion of the expert criminal defense attorney retained by the City to
review Mr. Mace'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.
W1294:MJS
c: Joe Arriola, City Manager
Elvi G, Alonso, Agenda Coordinator
Enclosure(s)