HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez /!
DATE: November 16, 2017
RE: Attorney's fees for the Legal Representation of various City of Miami
Police Officers in the Matter of Trooper Donna Jane Watts v. City of
Miami, et al. — November 16, 2017 City Commission Agenda
Case Nos. 12-CV-81406-DMM and 15-CV-21271-RNS
File No. 3072
The attached proposed Resolution seeks authorization to pay twenty-five
thousand dollars ($25,000.00) to Buschel Gibbons, P.A. and fifty thousand dollars
($50,000.00) 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 City of Miami Police Officer Michael Alvarez, Officer Pablo
Camacho, Officer Roshan Milliagan, Sergeant Javier Ortiz, Officer Jesus Pedraza,
Officer Jamie Ramirez, Officer Carlos Rodriguez, Officer David Ciserno, Officer Luis
Sosa, and Officer Gabriel Zubria, in any and all capacity, including, but not limited to,
any and all representation related to the case of Trooper Donna Jane Watts v. City of
Miami, Case Nos. 12-CV-81406 and 15-CV-21271-RNS in the United States District
Court for the Southern District of Florida.
Funds in the above amount will be paid from Account No.
50001.301001.545010.0.0.
Attachment(s)
cc: Daniel 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-17-0555
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 3072 Final Action Date:11/16/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT
OF ATTORNEYS' FEES AND COSTS IN THE AMOUNT OF TWENTY FIVE
THOUSAND DOLLARS ($25,000.00) TO BUSCHEL GIBBONS, P.A. AND FIFTY
THOUSAND DOLLARS ($50,000.00) TO RICE PUGATCH ROBINSON STORFER &
COHEN, PLLC, INCLUSIVE OFF ALL FEES AND COSTS, AS REIMBURSEMENT
FOR LEGAL FEES IN THE CASE OF TROOPER DONNA JANE WATTS V. CITY OF
MIAMI, ET AL., CASE NOS.: 12-CV-81406-DMM AND 15-CV-21271-RNS IN THE
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA;
ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0.0.
WHEREAS, Buschel Gibbons, P.A. and Rice Pugatch Robinson Storfer & Cohen,
PLLC, (collectively, "Counsel") provided legal representation for City of Miami Police Officer
Michael Alvarez, Officer Pablo Camacho, Officer Roshan Milligan, Sergeant Javier Ortiz, Officer
Jesus Pedraza, Officer Jamie Ramirez, Officer Carlos Rodriguez, Officer David Ciserno, Officer
Luis Sosa, and Officer Gabriel Zubria (collectively, "Officers"), in Case Nos. 12-CV-81406-DMM
and 15-CV-21271-RNS, in the United States District Court Southern District of Florida
(collectively, "Cases"); and
WHEREAS, Counsel have asserted a claim for fees incurred in the representation of the
Officers; and
WHEREAS, Florida law recognizes that a public official may be entitled to legal
representation at public expense in order to defend himself/herself against litigation arising out
of the performance of his/her 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. 1 st 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 twenty five
thousand dollars ($25,000.00) to Buschel Gibbons, P.A. and fifty thousand dollars
($50,000.00) to Rice Pugatch Robinson Storfer & Cohen, PLLC, inclusive of all fees and
costs, as reimbursement for legal fees in the Cases is authorized.'
Section 3. Funds are to be allocated from Account No. 50001.301001.545010.0.0.
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 11/672017
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.