HomeMy WebLinkAboutMemo - Office of the City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members o the City Commis
FROM: Victoria Mendez, City Attorney
DATE: August 20, 2014
RE: Proposed Resolution for the Payment of Attorney's Fees for Juan
Pascual - $3,550.00- Related to Miami -Dade Commission on Ethics
and Public Trust Complaint — C-13-29.
File ID No.: 14-00767
Mr. Juan Pascual, former Director of the City of Miami Parks and Recreation, has made a
request for reimbursement of attorey's fees incurred in relation to Miami -Dade Commission on
Ethics and Public Trust Complaint — C-13-29. Mr. Pascual retained a lawyer, Ms. Vivian M.
Reyes, Esq., who successfully defended him against charges of unethical conduct before the
Miami -Dade Commission on Ethics.
Florida law provides that a city has no discretion to deny reimbursement of fees to a
public official in defending either civil or criminal proceedings "where the conduct complained
of arises out of or in connection with the performance of his official duties [and that the]
obligation arises independent of statute, ordinance or charter." Lomelo v. City of Sunrise, 423 So.
2d 974, 976 (Fla. 4th DCA 1982). Under the common law, a city has the duty to protect its
interests even when those interests are invaded in the form of an attack on a public officer. The
conditions that must be satisfied for a public official to be compensated for legal defense
expenditures are that the lawsuit arise from (1) the performance of the officer's official duties and
(2) while serving a public purpose. Chavez v. City of Tampa, 560 So. 2d 1214, 1215 (Fla. 2d
DCA 1990).
The allegations against Mr. Pascual arose from the performance of his official duties as
the Director of Parks and Recreation and served a public purpose. In Ellison v. Reid, 397 So. 2d
352 (Fla. 1st DCA 1981), the First District Court of Appeals opined that there is no doubt a
valuable public purpose is served in protecting the effective operation and maintenance of the
administration of a public office. If a public officer is charged with misconduct while
performing his official duties and while serving a public purpose, the public has a primary
interest in such a controversy and should pay the reasonable and necessary legal fees incurred by
the public officer in successfully defending against unfounded allegations of official misconduct.
The invoice for attorney's fees has been reviewed by my office and it has been
determined that the billed hours and rates are reasonable.
Funds, in the amount of $3,550.00, will be allocated from Account No.:
00001.980000.531010.0000.00000 - Professional Services — Legal (Non -Departmental).
VM/Br GRW
479327.doc