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HomeMy WebLinkAboutMemo-MayorCITY OF MIAMI INTER -OFFICE MEMORANDUM OFFICE OF THE MAYOR MIAMI, FLORIDA VETO AND VETO MESSAGE }: Honorable Members of The City Commission u:v i i August 2, 2017 FILE: SUM:C t Mayoral Veto Resolution No. 17-2017 Adopted July 27. 2017 ciw..4et1 r I•ROM: omas P. Regalad Mayor REFERENCES, ENCLOSURES: Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the Charter of Miami, Florida. I hereby veto Resolution No. 17-0393 adopted July 27, 2017 titled as follows: A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 17-0312, ADOPTED JUNE 22, 2017, WHICH AUTHORIZED THE CITY ATTORNEY TO ENGAGE OUTSIDE CONFLICT COUNSEL FOR THE REPRESENTATION OF THE CITY ADMINISTRATION ON ALL MATTERS IN CONNECTION WITH THE NOTICE OF DEFAULT OF FLAGSTONE ISLAND GARDENS, LLC; AND FURTHER AUTHORIZED THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS ASSOCIATED WITH SAID ENGAGEMENT, SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE OUTSIDE CONFLICT COUNSEL SOLELY FOR THE PURPOSES OF PROVIDING ADVICE AND COUNSEL TO THE CITY ADMINISTRATION IN THEIR SOLE CAPACITY AS POTENTIAL FACT WITNESSES IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC, ET AL, VS. CITY OF MIAMI, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 17-13829 CA 44: FURTHER AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS ASSOCIATED WITH SAID LIMITED ENGAGEMENT, WITH FUNDS ALLOCATED FROM NON -DEPARTMENTAL ACCOUNT NO. 00001.980000.531010.0000.00000: DIRECTING THE CITY ATTORNEY MODIFY ANY ENGAGEMENT LETTERS PREVIOUSLY SENT TO BE CONSISTENT WITH THE PURPOSES AS STATED HEREIN. The original resolution adopted Jame 22, 2017, specifically stated it was, "A resolution of the Miami City Commission authorizing the City Attorney to engage outside conflict counsel for the representation of the city administration ...." That decision, which I agree with, resulted in engaging conflict counsel for the City Manager and its administration to represent them in connection with the Flagstone Island Gardens, LLC, et al, vs. City of Miami, pending in the Eleventh Judicial Circuit in and for Miami -Dade County, Case No. 17-13829 CA 44. Now that the City Manager has retained counsel for the case, the City of Miami has sought to insert itself into that attorney -client relationship by adopting this Resolution No. 17-0393. That I cannot agree with. To allow this Resolution to proceed unchecked would set a poor precedent about the authority the City of Miami may exercise over the professional judgment and advice outside conflict counsel may provide to the client. \J � G1�tl.B�l Tomas P. Regalado Mayor cc: Todd Hannon, City Clerk Victoria Mendez, City Attorney Daniel J. AIfonso, City Manager t-