HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: December 8, 2016
RE: Retention of Outside Conflict Counsel for the City of Miami — December
December 8, 2016 City Commission Agenda
In re Battersea Woods, LLC v. City of Miami
Case No. 16-402 AP
File No. 1410
The attached proposed Resolution seeks authorization to retain Daniel B.
Rogers, Esq. of Shook, Hardy & Bacon, LLP, as outside conflict counsel, for the
representation of the City of Miami in the above -referenced matter.
Funds will be paid from Non -Departmental Account Code Number
0001.980000.531010.0000.00000.
Attachment(s)
cc: Daniel J. Alfonso, City Manager
Christopher Rose, Director, Office of Management and Budget
Ana Medina, Agenda Coordinator
VM/BLM/FLA
City of Miami
Legislation
Resolution
Enactment Number: R-16-0589
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 1410 Final Action Date:12/8/2016
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
EXPENDITURE OF ATTORNEY'S FEES AND COSTS TO RETAIN DANIEL B.
ROGERS, ESQ. OF SHOOK, HARDY & BACON, LLP, AS OUTSIDE CONFLICT
COUNSEL IN THE MATTER OF BATTERSEA WOODS, LLC V. CITY OF MIAMI,
CASE NUMBER 16-402 AP PENDING IN THE APPELLATE DIVISION OF THE
CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-
DADE COUNTY, FLORIDA; ALLOCATING FUNDS FROM THE NON -
DEPARTMENTAL ACCOUNT CODE NUMBER 00001.980000.531010.0000.00000.
WHEREAS, Battersea Woods, LLC has filed a Petition for Writ of Certiorari and for
Writ of Mandamus challenging the denial of its plat application by the City of Miami City
Commission ("City Commission"); and
WHEREAS, the Office of the City Attorney advises the City Commission and City of
Miami ("City") staff on legal matters; and
WHEREAS, the Office of the City Attorney requested an ethics opinion from The Florida
Bar regarding its duty and ability to represent the City in this matter; and
WHEREAS, The Florida Bar recommended that the Office of the City Attorney not
represent the City in this matter; and
WHEREAS, the Office of the City Attorney wishes to avoid any possibility of a
conflict arising in its legal representation concerning this matter; and
WHEREAS, the Office of the City Attorney requests authorization to retain Daniel
B. Rogers, Esq. of Shook, Hardy & Bacon, LLP as outside conflict counsel for the
representation of the City in the case of Battersea Woods, LLC v. City of Miami, Case
Number 16-402 AP, pending in the Appellate Division of the Circuit Court of the Eleventh
Judicial Circuit, in and for Miami -Dade County, Florida;
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 fully set forth in this Section.
Section 2. The expenditure of attorney's fees and costs to retain Daniel B. Rogers,
Esq. of Shook, Hardy & Bacon, LLP as outside conflict counsel for the representation of
the City in the case of Battersea Woods, LLC v. City of Miami, Case Number 16-402 AP,
pending in the Appellate Division of the Circuit Court of the Eleventh Judicial Circuit, in
and for Miami -Dade County, Florida is authorized, with funds allocated from the Non -
Departmental Account Code Number 00001.980000.531010.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption
and signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby I_. Min, Deputy City Attorney 11/29/2016
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.