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
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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.
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Tomas P. Regalado
Mayor
cc: Todd Hannon, City Clerk
Victoria Mendez, City Attorney
Daniel J. AIfonso, City Manager
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