HomeMy WebLinkAboutMemo-City Attorney-SUBCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
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TO: Honorable Mayor and Membe s o e Cit omm sion
FROM: Victoria Mendez, City Attorney
DATE: June 20, 2014
RE: Payment of Attorney fees for Mayor Tomas Regalado
Michelle Spence -Jones v. State Attorney Katherine Fernandez Rundle, et al.,
United States District Court, Case No.: 12-24253-Civ-Middlebrooks
File No. 14-00409
The attached proposed resolution authorizes payment of Mayor Tomas Regalado's
attorney's fees and costs, incurred during the successful defense of a lawsuit brought against
him and others by former Commissioner Michelle Spence -Jones.
The Florida Supreme Court' has held that Public Officials are entitled to legal
representation at the public expense to defend themselves against litigation arising from the
performance of their official duties while serving a public purpose. The entitlement to
attorney's fees arises under the common law independent of statute, ordinance, or charter.2
Additionally, Section 111.07, F.S., specifically requires a municipality to reimburse any such
official who prevails in such an action for court costs and reasonable attorney's fees.
Funds, in the amount of $38,412.50, are available from Account No.
05002.3 01001.545000.0000.00000.
VMG I/WRB/tpr
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Julia D. Hernandez, Agenda Coordinator
' Thornber v. City of Fort Walton Beach, 568 So. 2d 914 (Fla. 1990)
2 Lomelo v. City of Sunrise, 423 So. 2d 974 (Fla. 4th DCA 1982).
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CITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
Honorable Mayor and MeCommission
Victoria Mendez, City A
April 30, 2014
Payment of Attorney fees for Mayor Tomas Regalado
elle Spence -Jones v. State Attorney Katherine Fernandez Rundle, et al.,
ted States District Court, Case No.: 12-24253-Civ-Middlebrooks
. 14-00409
The attached propos
attorney's fees and costs, incu
him and others by former Comm
ution authorizes payment of Mayor Tomas Regalado's
during the successful defense of a lawsuit brought against
• Michelle Spence -Jones.
The Florida Supreme Cour
representation at the public expense
performance of their official duties
attorney's fees arises under the eommo
Additionally, Section 111.07, F.S., speci
official who prevails in such an action for cou
has held that Public Officials are entitled to legal
e end themselves against litigation arising from the
e serving a public purpose. The entitlement to
independent of statute, ordinance, or eharter.2
equires a municipality to reimburse any such
s and reasonable attorney's fees.
ca
Funds, in the amount of $38,412.50, are avai
No, 00001.980000.549000,0000.00000.
Attachment(s)
cc; Daniel J. Alfonso, City Manager
Julia Hernandez, Agenda Coordinator
Thornber v. City of Fort Walton Beach, 568 So. 2d 914 (Fla. 1990)
2 Lomelo v. City of Sunrise, 423 So. 2d 974 (Fla. 4th DCA 1932),
Doc, No.: 453387
the Non -Departmental Account