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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-00173 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S),
APPROVING THE REQUEST OF MAYOR TOMAS REGALADO FOR DEFENSE IN
THE CASE OF MICHELLE SPENCE-JONES V. STATE ATTORNEY KATHERINE
FERNANDEZ RUNDLE, ET AL., CASE NO. 12-CV-24253-XXXX; AUTHORIZING
THE EXPENDITURE OF CITY FUNDS TO PAY ATTORNEYS' FEES AND COSTS
MONTHLY; INCORPORATING AND ADOPTING BY REFERENCE THE FACTUAL
AND LEGAL FINDINGS SET FORTH IN THE. MEMORANDUM OF LAW PROVIDED
BY BERGER SINGERMAN LLP, AS IF FULLY SET FORTH IN THIS SECTION;
DECLARING THE POLICY OF THE CITY OF MIAMI WITH RESPECT TO THE
IMPLEMENTATION OF SECTION 111.07, FLORIDA STATUTES, FOR CITY
COMMISSIONERS AND THE MAYOR.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The request of Mayor Tomas Regalado for defense in the case of Michelle
Spence -Jones v. State Attorney Katherine Fernandez Rundle, Mayor Tomas Regalado, Assistant State
Attorney William Richard Scruggs and Investigator Robert Fielder, Case No. 12-cv-24253-XXXX,
United States District Court, Southern District of Florida, is hereby approved based upon the findings
and declarations below.
Section 2. The expenditure of City funds from the appropriate accounts to pay reasonable
attorneys' fees and costs monthly is hereby authorized, and the City Manager is hereby directed to
cause such payments to be made, if it is found that such attorneys' fees and costs are reasonable.
Section 3. The City reserves the right not to pay any particular invoice or invoices for attorneys'
fees and costs for any reason.
Section 4. The factual and legal findings in the Memorandum of Law provided by Berger
Singerman LLP to the City Commission are hereby incorporated into this resolution and adopted by
the City Commission in reliance on the Memorandum of Law.
Section 5. It is hereby declared that the policy of the City with respect to the implementation of
Section 111.07, Florida Statutes, for City Commissioners and the Mayor is to:
• Provide for defense against any civil action for damages alleged to have occurred as a
result of any act or omission of action of a City Commissioner or the Mayor, for an act or
omission arising out of and in the scope of his or her employment or function, or under
color of state law, custom or usage, upon request of the City Commissioner or Mayor;
• Provide for the payment of reasonable attorneys' fees and costs for defense counsel
chosen by the City Commissioner or Mayor; .and
• If a verdict is rendered against the City Commissioner or Mayor, and it is found by the
fact -finder that the City Commissioner or Mayor acted in bad faith, with malicious purpose,
City of Miami Page 1 of 2 File Id: 13-00173 (Version: 1) Primed On: 2/5/2013
File Number: 13-00173
or in a manner exhibiting wanton and willful disregard of human rights, safety or property,
then the City shall seek reimbursement for all attorneys' fees and costs paid from the City
Commissioner or the Mayor.
• If a verdict is rendered in favor of the City Commissioner or Mayor, and prevailing party
attorneys' fees and costs are available or payment of attorneys' fees and costs as a
sanction are appropriate, the City Commissioner or Mayor shall pursue such prevailing
party attorneys' fees and costs or sanctions, and reimburse the City for any and all
attorneys' fees and costs and sanctions received as a result.
• If attorneys' fees, costs or sanctions are available for any reason to the City Commissioner
or Mayor in the course of their defense, including but not limited to the conduct of or
pleadings or motions filed by the Plaintiff against the City Commissioner or Mayor, then the
City Commissioner or Mayor shall pursue such attorneys' fees, costs or sanctions, and
reimburse the City for any and all attorneys' fees, costs and sanctions received as a result.
Section 6. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.
If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by
the City Commission.
City of Miami Page 2 of 2 File Id: 13-00173 (Version: 1) Printed On: 2/5/2013