HomeMy WebLinkAboutSubmittal-Letter-John C. Dellagloria, P.A.JOHN C. DELLAGLO
A, P.A.
ADMITTED TO PRACTICE IN NY AND FL
January 21, 2013
Commissioner Marc Sarnoff
3500 Pan American
Miami, Fl. 33133
Ol - 214
RE: Counsel for Mayor Regalado
Government Counsel for the City
Dear Commissioner,
I am writing in regard to your request for opinions
as to whether you can partake in a Commission vote to retain outside counsel for
Mayor Tomas Regalado, and an upcoming vote to select and to hire outside
government counsel for the City, as the City Attorney has, and quite correctly so,
recused herself and her office from the lawsuit.
These issues have arisen as the Mayor has been
named as a defendant in the lawsuit brought by Commissioner Spence -Jones
against the State Attorney and others in the State Attorney's office.
In any matter in which a sitting elected official
questions whether a conflict exists regarding an upcoming vote, state, county and
local rules regarding conflict need to be reviewed.
Section 112.3143, Florida Statutes prohibits a
municipal official from voting on any matter inuring to the special, private gain of
the official, the official's family or a principal by whom the official is employed. In
the matter involved here, no such conflict exists.
Section 2-11.1 of the Miami -Dade County Code,
styled "Conflict of Interest and Code of Ethics Ordinance" has provisions
regarding conflicts which would prohibit voting. The only provision remotely
applicable would be subsection (g), "Exploitation of Official Position Prohibited".
As the upcoming vote before the Commission does not provide you with counsel,
and as Florida case law specifically allows elected officials to have their legal fees
paid for by - in this case - the City when the suit involves official action, there is no
P.O. Iio 560333 o Miami, FL 33156
Mune: 305-431-0704
iolindellagloritt@dellagloriallaw.com
prohibited conflict. And as the style of the case and paragraph 23 of the Complaint
indicates that the Mayor is being sued for actions taken in his official capacity, this
section of the County code is inapplicable.
In the letter you received from counsel for
Plaintiff Spence -Jones, it was suggested that as a potential witness, it would seem
"inappropriate" for you to vote to retain counsel for the defendant Mayor. I
contacted the attorney for the Plaintiff and asked if there was any federal or Florida
case law that would prohibit you from voting for the Mayor's counsel to be paid
for by the City. None was cited.
As to participating in the selection and retention
of outside counsel for the City, the above analysis applies equally to this issue.
As no law or rule prohibits your vote, you must,
in fact, vote pursuant to Section 286.012, Florida Statutes unless there is, or
appears to be, a prohibited conflict.
Accordingly, you may vote on the issue of
outside counsel for Mayor Regalado.
Cordially,
Submitted into the public
record in connection with
items DI.4 on 01-24-13
Todd B. Hannon
City Clerk
Hannonjodd
From: Goldberg, Daniel 8.
Sent: Wednesday, January 33
To: ReQmkado.Ton,a (K0mvo Martinez, Johnny- Gmrt.VVifm»do(Comnmissioner); CanoUo.Fnank
(Commissioner); Suarez, Francis (Commissioner); Spence -Jones, Michelle (Commissioner
District 5)
Cc; imaazm|@ecbalaw.00m; j i Hannon. Todd; Shiver, Cornelius; L|onanbe,
PWika� Nelson' Ron� Diaz, Plaoido; Coebanada, Fnank;VVemtoU. Lynn
Subject: CU�4'Lm�mr
Attachments: i eOO1 jp0; OeUaoloriaLefter odf
Attached please find a letter from John Dellagloria to the Chairman in connection with item DI. 4 at tomorrow's
commission meeting.
Thank you.
Daniel S. Gvmherg,Esq.
|cci^|ub`vAid,
' rx/"rMiami
Mike "( Commissioner Marc � ��,n"'nistn^/x
),leoo"n,: 3(h--250-5336
Submitted into the public
record |nconnection with
itenns%I£on 01-24-13
Todd 0'Hannon
City Clerk