HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: May 11, 2017
RE: Conflict Counsel — May 11, 2017 City Commission Agenda
Attorney's Fees for the Legal Representation of City of Miami Police
Officer Artice Peoples.
Case No. 15-20125
File No. 1799
The attached proposed Resolution seeks authorization to pay two thousand six
hundred fifty dollars ($2,650.00) to Buschel Gibbons, P.A. and twenty-eight thousand
seven hundred ninety-two dollars and fifty cents ($28,792.50) 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 Artice
Peoples by Ronald J. Cohen, Esq. in any and all capacity, including, but not limited to,
any and all representation related to the case of Emilia Diaz Fox v. City of Miami and
Artice Peoples, Case No. 15-20125 in the United States District Court for the Southern
District of Florida.
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/HJH
City of Miami
Legislation
Resolution
Enactment Number: R-17-0219
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1799 Final Action Date:5/11/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT
OF ATTORNEYS' FEES AND COSTS IN THE AMOUNT OF TWO THOUSAND SIX
HUNDRED FIFTY DOLLARS ($2,650.00) TO BUSCHEL GIBBONS, P.A. AND
TWENTY-EIGHT THOUSAND SEVEN HUNDRED NINETY-TWO DOLLARS AND
FIFTY CENTS ($28,792.50) TO RICE PUGATCH ROBINSON, P.A., INCLUSIVE OF
ALL FEES AND COSTS, AS REIMBURSEMENT FOR LEGAL FEES IN THE CASE OF
EMILIA DIAZ FOX V. CITY OF MIAMI AND ARTICE PEOPLES, CASE NO. 15-20125
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
FLORIDA; ALLOCATING FUNDS FROM THE PROFESSIONAL SERVICES - LEGAL
(NON -DEPARTMENTAL) ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Buschel Gibbons, P.A. and Rice Pugatch Robinson, P.A. (collectively,
"Conflict Counsel") provided legal representation for City of Miami Police Officer Artice Peoples
("Peoples") in Case No. 15-20125 in the United States District Court for the Southern District of
Florida; and
WHEREAS, Conflict Counsel has asserted a claim for fees incurred in the representation
of Peoples; 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 Fort 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);
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 attorneys' fees and costs in the amount of two thousand six
hundred fifty dollars ($2,650.00) to Buschel Gibbons, P.A. and twenty-eight thousand seven
hundred ninety-two dollars and fifty cents ($28,792.50) to Rice Pugatch Robinson, P.A.,
inclusive of all fees and costs, as reimbursement for legal fees in the case of Emilia Diaz Fox v.
City of Miami and Artice Peoples, Case No. 15-20125 in the United States District Court for the
Southern District of Florida, is authorized.'
Section 3. Funds are to be allocated from 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
provisions.
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 4/28/2017
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.