HomeMy WebLinkAboutMemo - Office of the City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members o the
FROM: Victoria Mendez, City Attorn.e
DATE: April 15, 2016
RE:
aission
Proposed Resolution for City Commission Meeting — April 28, 2016 - Payment
of Attorney's fees and costs in the amount of $7,362.50, to Vivian M. Reyes,
P.A., conditioned on the reimbursement of $2,000.00 to Robin Jones -Jackson,
incurred for legal fees relating to Miami -Dade Commission on Ethics and
Public Trust Complaint — C-15-27.
File ID No.: 16-00439
The attached proposed Resolution seeks authorization for payment of attorney's fees and
costs, in the amount of $7,362.50, to Vivian M. Reyes, P.A., conditioned on the reimbursement
of $2,000.00 to Robin Jones -Jackson, incurred for legal fees relating to Miami -Dade
Commission on Ethics and Public Trust Complaint No, C-15 27.
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). This common law right applies to public officials involved in ethics proceedings as
well. Ellison v. Reid, 397 So. 2d 352, 354 (Fla. lst DCA 1981),
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.
cc: Daniel J. Alfonso, City Manager
I VM/BL:JAG/FLA
Attachment(s)
629695