HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: February 9, 2017
RE: Proposed Settlement - February 9, 2017 City Commission Agenda
Attorney's Fees for the Legal Representation of City of Miami Police
Officer Carlos Antunez
Case No. 10-20513-CIV-Lenard/Turnoff, Civil Service Case No. 09-31 D,
Eleventh Judicial Circuit Appellate Division Case Number 15-009 AP, and
Third District Court of Appeal Case Number 3D16-0097
File No. 1722
The attached proposed Resolution seeks authorization to pay $14,900.00,
inclusive of all fees and costs, to the Rice Pugatch Robinson Storfer & Cohen, PLLC
Trust Account as full and final settlement of any and all claims for attorney's fees and
costs arising out of any and all representation of Carlos Antunez by Ronald J. Cohen,
Esq. in any and all capacity, including, but not limited to, any and all representation
related to administrative hearings, labor grievances, depositions, court appearances and
hearings in both State and Federal court, whether related to or unrelated to the above
Litigation.
Funds in the above amount will be paid from Professional Services - Legal (Non -
Departmental) Account No. 00001.980000.531010.0000.00000.
Attachment(s)
cc. Daniel J. Alfonso, City Manager
Christopher Rose, Director, Office of Management and Budget
Anna Medina, Agenda Coordinator
VM/BLM/SP
City of Miami
Legislation
Resolution
Enactment Number: R-17-0064
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1722 Final Action Date:2/9/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT
OF ATTORNEY'S FEES AND COSTS, IN THE AMOUNT OF $14,900.00, AS
REIMBURSEMENT FOR LEGAL FEES TO RONALD J. COHEN, ESQ. FOR
SUCCESSFULLY DEFENDING MIAMI POLICE OFFICER CARLOS ANTUNEZ,
PURSUANT TO THE TERMS OF THE SETTLEMENT AGREEMENT AND GENERAL
RELEASE BETWEEN THE CITY OF MIAMI AND RONALD J. COHEN; ALLOCATING
FUNDS FROM THE PROFESSIONAL SERVICES - LEGAL (NON -DEPARTMENTAL)
ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Ronald J. Cohen, Esq. ("Cohen") provided legal representation for City of
Miami Police Officer Carlos Antunez ("Antunez") in Case No. 10-20513-CIV-Lenard/Turnoff,
Civil Service Case No. 09-31 D, Eleventh Judicial Circuit Appellate Division Case Number 15-
009 AP, and Third District Court of Appeal Case Number 3D16-0097; and
WHEREAS, Cohen has asserted a claim for fees incurred in the representation of
Antunez; and
WHEREAS, Florida law recognizes that a public official may be entitled to legal
representation at public expense in order to defend himself against litigation arising out of the
performance of his official duties. See Thornber v. City of Ft. Walton Beach, 568 So. 2d 914
(Fla. 1990); see also Maloy v. Board of County Commissioners of Leon County, 946 So. 2d
1260 (Fla. 1st DCA 2007); and
WHEREAS, for the purposes of avoiding costly litigation and in order to reach an
amicable resolution of the above referenced claim for attorney's fees, the Parties desire to reach
a final settlement of Cohen's fees and costs;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Payment of attorney's fees and costs, in the amount of $14,900.00, as
reimbursement for legal fees to Ronald J. Cohen, Esq. pursuant to the terms of the Settlement
Agreement and General Release between the City and Cohen, is authorized.'
Section 3. Funds to be allocated from the Professional Services - Legal (Non -
Departmental) Account No. 00001.980000.531010.0000.00000.
1 The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney including but not limited to those prescribed by applicable City Charter and City Code
provis ions.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 1/30/2017
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.