HomeMy WebLinkAboutMemo - Office of the City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: The Honorable Mayor and Members of the City Commission
FROM: Julie O. Br ity-Attorney
LAirb
DATE: August 30, 2013
RE: Reimbursement of attorley's fees and costs to Ronald J. Cohen, P.A.,
-for representation of Officer • Odney Belfort in the matter of Gerald
Lelieve vs. Manuel Orosa, et al., United States District Court, Case No.
10-23677-CIV-ALTONAGA — September 12, 2013 City Commission
Meeting
File No. 13-01048
This memorandum addresses the request for reimbursement of attorney's fees and
costs made by Attorney Ronald J. Cohen for his firm's representation of Officer Odney
Belfort during post -trial proceedings in the above -referenced civil case.
Section 111.065 of the Florida Statutes provides the agency employing a law
enforcement officer with the option to pay the reasonable legal fees and costs for any law
enforcement officer in any civil 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. Fla. Stat. § 111.065(2). Ronald J. Cohen, Esquire, has made a
request on behalf of Officer Odney Belfort for reimbursement in the amount of $25,000
for attorney's fees and costs. All claims in the above lawsuit have been voluntarily
dismissed against Officer Belfort, who was sued for alleged civil rights violations while
on duty and in the course of his employment.
The amount of attorney's fees requested have been reviewed by the Office of the
City Attorney and determined to be reasonable.
Should the Commission decide to exercise its discretion to reimburse Mr. Cohen,
the following options are available: (1) pay the full amount requested by the officer's
attorney based on the Office of the City Attorney's representation the fees and costs for
his services are reasonable; or (2) pay another amount as determined by the Commission,
not to exceed the amount sought by Mr. Cohen. Alternatively, the Commission could
decline to pay any amount.
If the Commission decides to pay some amount of fees to Mr. Cohen, the funds
for such payment will be allocated from the City of Miami Self -Insurance and Insurance
Trust fund, account no. 05002.301001.545000.0000.00000.
cc: Johnny Martinez, City Manager
Elvi Gallastegui, Agenda Coordinator