HomeMy WebLinkAboutR-17-0141City of Miami
Resolution R-17-0141
Legislation
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.
SPONSOR(S): Commissioner Francis Suarez
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
City of Miami Page 1 of 2 File ID: 1137 (Revision: A) Printed On: 3/20/2025
File ID: 1137 Enactment Number: R-17-0141
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.
City of Miami Page 2 of 2 File ID: 1137 (Revision: A) Printed on: 3/20/2025