HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: October 25, 2018
RE: Proposed Resolution for City Commission Meeting — October 25, 2018
Payment of Attorney's fees and costs in the amount of $70,380.98, to
Weiss Serota Helfman Cole & Bierman, incurred for legal fees relating to
Miami -Dade Commission on Ethics and Public Trust Complaint No. C-15-
27, including representation in Flagstone v. City of Miami.
File ID No.: 4969
The attached proposed Resolution seeks authorization for payment of attorney's
fees and costs, in the amount of $70,380.98, to Weiss Serota Helfman Cole & Bierman,
conditioned on the reimbursement of $3,000.00 to Robin Jones -Jackson, incurred for
legal fees relating to Miami -Dade Commission on Ethics and Public Trust Complaint No.
C-15-27, including representation in Flagstone v. City of Miami.
Florida law provides that a city has no discretion to deny reimbursement of fees
to a public official in defending either civil or criminal proceedings "where the conduct
complained of arises out of or in connection with the performance of his official duties
[and that the] obligation arises independent of statute, ordinance or charter." Lomelo v.
City of Sunrise, 423 So. 2d 974, 976 (Fla. 4th DCA 1982). Under the common law, a city
has the duty to protect its interests even when those interests are invaded in the form of
an attack on a public officer. The conditions that must be satisfied for a public official to
be compensated for legal defense expenditures are that the lawsuit arise from (1) the
performance of the officer's official duties and (2) while serving a public purpose.
Chavez v. City of Tampa, 560 So. 2d 1214, 1215 (Fla. 2d DCA 1990).
The invoice for attorney's fees has been reviewed by the Office of the City
Attorney and it has been determined that the billed hours and rates are reasonable.
cc: Emilio T. Gonzalez, City Manager
Miriam Arcia, Agenda Coordinator
VM/BLM/CAG
Attachment(s)
City of Miami
Legislation
Resolution
Enactment Number: R-18-0476
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4969 Final Action Date:10/25/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING PAYMENT IN
THE AMOUNT OF $70,380.98 TO WEISS SEROTA HELFMAN COLE & BIERMAN
FOR ATTORNEY'S FEES AND COSTS RELATED TO MIAMI-DADE COMMISSION
ON ETHICS AND PUBLIC TRUST COMPLAINT NO. C-15-27 AND FLAGSTONE
ISLAND GARDENS, LLC, ET AL. V. CITY OF MIAMI, CASE NO. 17-13829 CA 44
CONDITIONED ON THE REIMBURSEMENT OF $3,000.00 TO ASSISTANT CITY
ATTORNEY ROBIN JONES-JACKSON FOR PAYMENTS PREVIOUSLY MADE;
ALLOCATING FUNDS FROM THE PROFESSIONAL SERVICES - LEGAL (NON -
DEPARTMENTAL) ACCOUNT NO. 00001.980000.531010.0000.00000.
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. Payment in the amount of $70,380.98 to Weiss Serota Helfman Cole &
Bierman for attorney's fees and costs related to Miami -Dade Commission on Ethics and Public
Trust Complaint No. C-15-27 and Flagstone Island Gardens, LLC, et al. v. City of Miami, Case
No. 17-13829 CA 44 is authorized with funds allocated from Professional Services - Legal (Non -
Departmental) Account No. 00001.980000.531010.0000.00000, conditioned on Weiss Serota
Helfman Cole & Bierman's reimbursement of $3,000.00 to Assistant City Attorney Robin Jones -
Jackson for payments previously made.
Section 2. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 10/16/2018
1 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.