HomeMy WebLinkAboutR-17-0064City of Miami
Resolution R-17-0064
Legislation
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.'
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
provisions.
City of Miami Page 1 of 2 File ID: 1722 (Revision:) Printed On: 3/20/2025
File ID: 1722 Enactment Number: R-17-0064
Section 3. Funds to be allocated from the Professional Services - Legal (Non -
Departmental) Account No. 00001.980000.531010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity 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.
City of Miami Page 2 of 2 File ID: 1722 (Revision:) Printed on: 3/20/2025