HomeMy WebLinkAboutMemo - Office of the City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney
DATE: October 10, 2014
RE: Proposed Resolution for City Commission Meeting — October 23, 2014
Payment of Attorney's fees and costs to Carlos A. Migoya, as
reimbursement of legal fees, in the cases of Castro, et al. v City of
Miami, et al., Case No. 14-007987 CA 01 and Rodriguez, et al v. City of
Miami, Case No. 14-7997 CA 01
(File ID No. 14-00893)
The attached proposed Resolution seeks authorization for payment of attorney's
fees and costs, in the amount of $41,012.40, to Carlos A. Migoya, as reimbursement of
legal fees, in the cases of Castro, et al. v City of Miami, et al., Case No, 14-007987 CA
01 and Rodriguez, et al v. City of Miami, Case No. 14-7997 CA 01.
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 invoice for attorney's fees has been reviewed by my office and it has been
determined that the billed hours and rates are reasonable.
VM/BM/
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Julia D. Hernandez, Agenda Coordinator
490166