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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #1137 Resolution Sponsored by: Commissioner Francis Suarez A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO FORMALLY ISSUE IN WRITING ANY LEGAL OPINION PREPARED BY THE OFFICE OF THE CITY ATTORNEY IN RESPONSE TO A LEGAL SERVICES REQUEST ("LSR") FROM THE MAYOR, A CITY COMMISSIONER, THE CITY MANAGER, OR A DEPARTMENT DIRECTOR, UNLESS OTHERWISE DIRECTED BY THE INDIVIDUAL WHO SUBMITTED THE LSR; PROVIDING THAT LEGAL OPINIONS SHALL BE PUBLISHED UNLESS OTHERWISE DIRECTED BY THE INDIVIDUAL WHO SUBMITTED THE LSR WITHIN TEN (10) DAYS OF ISSUING THE LEGAL OPINION; FURTHER PROVIDING THAT THIS RESOLUTION SHALL NOT APPLY TO LEGAL OPINIONS PREPARED FOR ONGOING LITIGATION OR ADVERSARIAL ADMINISTRATIVE PROCEEDINGS, OR PREPARED IN ANTICIPATION OF IMMINENT LITIGATION OR ADVERSARIAL ADMINISTRATIVE PROCEEDINGS. City of Miami Legislation Resolution Enactment Number: R-17-0141 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 1137 Final Action Date:3/23/2017 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO FORMALLY ISSUE IN WRITING ANY LEGAL OPINION PREPARED BY THE OFFICE OF THE CITY ATTORNEY IN RESPONSE TO A LEGAL SERVICES REQUEST ("LSR") FROM THE MAYOR, A CITY COMMISSIONER, THE CITY MANAGER, OR A DEPARTMENT DIRECTOR, UNLESS OTHERWISE DIRECTED BY THE INDIVIDUAL WHO SUBMITTED THE LSR; PROVIDING THAT LEGAL OPINIONS SHALL BE PUBLISHED UNLESS OTHERWISE DIRECTED BY THE INDIVIDUAL WHO SUBMITTED THE LSR WITHIN TEN (10) DAYS OF ISSUING THE LEGAL OPINION; FURTHER PROVIDING THAT THIS RESOLUTION SHALL NOT APPLY TO LEGAL OPINIONS PREPARED FOR ONGOING LITIGATION OR ADVERSARIAL ADMINISTRATIVE PROCEEDINGS, OR PREPARED IN ANTICIPATION OF IMMINENT LITIGATION OR ADVERSARIAL ADMINISTRATIVE PROCEEDINGS. WHEREAS, pursuant to Section 21 of the Charter of the City of Miami, Florida, as amended ("City Charter"), the City Attorney is the legal advisor, attorney, and counsel for the City of Miami ("City") and for all officers and departments of the City in matters relating to their official duties; and WHEREAS, Section 21 of the City Charter further states that the Mayor, City Commission, the City Manager, the Director of any Department, or any officer or board not included within a department may require the opinion of the City Attorney upon any question of law involving their respective powers and duties; and WHEREAS, it is the will of the City Commission to allow the public to easily access, analyze, and opine on legal opinions issued by the Office of the City Attorney; 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. The City Commission directs the City Attorney to formally issue in writing any legal opinion prepared by the Office of the City Attorney in response to a legal services request ("LSR") from the Mayor, a City Commissioner, the City Manager, or a Department Director, unless otherwise directed by the individual who submitted the LSR. Section 3. Any legal opinion issued in writing in response to a LSR from one of the aforementioned individuals shall be published within ten (10) days of issuing the legal opinion unless otherwise directed by the individual who submitted the LSR to not publish the legal opinion. Section 4. Legal opinions or memoranda prepared for ongoing litigation or adversarial administrative proceedings, or prepared in anticipation of imminent litigation or adversarial administrative proceedings, shall not be issued in writing and/or published. Section 5. 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 2/13/2017 Barnaby I_. Min, Deputy City Attorney 3/13/2017 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.