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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