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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorney 767_ DATE: February 13, 2020 RE: City Commission Meeting — January 9, 2020 Attorney -Client Session scheduled for 10:00 a.m. regarding the matter of West Flagler Associates, Ltd. vs. City of Miami Case No.: 19-CV-21670-RNS File No. 6995 MAY BE WITHDRAWN UNDER THE PARAMETERS OF SECTION 286.011(8), FLORIDA STATUTES, A PRIVATE ATTORNEY -CLIENT SESSION WILL BE CONDUCTED AT THE FEBRUARY 13, 2020 MIAMI CITY COMMISSION MEETING. THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE COMMENCEMENT OF AN ATTORNEY -CLIENT SESSION, CLOSED TO THE PUBLIC, FOR PURPOSES OF DISCUSSING THE CASE OF WEST FLAGLER ASSOCIATES, LTD. VS. CITY OF MIAMI, CASE NO. 19-CV-21670-RNS, PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, TO WHICH THE CITY IS PRESENTLY A PARTY. THE SUBJECT OF THE MEETING WILL BE CONFINED TO SETTLEMENT NEGOTIATIONS OR STRATEGY SESSIONS RELATED TO LITIGATION EXPENDITURES. THIS PRIVATE MEETING WILL BEGIN AT APPROXIMATELY 10:00 A.M. (OR AS SOON THEREAFTER AS THE COMMISSIONERS' SCHEDULES PERMIT) AND CONCLUDE APPROXIMATELY ONE HOUR LATER. THE SESSION WILL BE ATTENDED BY THE MEMBERS OF THE CITY COMMISSION, WHICH INCLUDE CHAIRMAN KEON HARDEMON, VICE- CHAIRMAN KEN RUSSELL, AND COMMISSIONERS ALEX DIAZ DE LA PORTILLA, JOE CAROLLO, AND MANOLO REYES; CITY MANAGER EMILIO T. GONZALEZ; CITY ATTORNEY VICTORIA MENDEZ; DEPUTY CITY ATTORNEY JOHN A. GRECO; DIVISION CHIEF FOR GENERAL LITIGATION CHRISTOPHER A. GREEN; AND ASSISTANT CITY ATTORNEY KERRI L. MCNULTY. A CERTIFIED COURT REPORTER WILL BE PRESENT TO ENSURE THAT THE SESSION IS FULLY TRANSCRIBED AND THE TRANSCRIPT WILL BE MADE PUBLIC UPON THE CONCLUSION OF THE ABOVE -CITED, ONGOING LITIGATION. AT THE CONCLUSION OF THE ATTORNEY -CLIENT SESSION, THE REGULAR COMMISSION MEETING WILL BE REOPENED AND THE PERSON PRESIDING OVER THE COMMISSION MEETING WILL ANNOUNCE THE TERMINATION OF THE ATTORNEY -CLIENT SESSION. Pursuant to my request to the City Commission at the meeting of December 12, 2019, the below -listed Attorney -Client Session is scheduled for the January 09, 2020 City Commission Meeting at 10:00 a.m. "Under the parameters of Section 286.011(8), Florida Statutes, a private attorney -client session will be conducted at the January 9, 2020, Miami City Commission meeting. The person chairing the City of Miami commission meeting will announce the commencement of an attorney -client session, closed to the public, for purposes of discussing the pending litigation case of West Flagler Associates, Ltd. vs. City of Miami, Case No. 19-V-21670-RNS, pending in the United States District Sourt for the Southern District of Florida, to which the City is presently a party. The subject of the meeting will be confined to settlement negotiations or strategy sessions related to litigation expenditures. This private meeting will begin at approximately 10:00 a.m. (or as soon thereafter as the commissioners' schedules permit) and conclude approximately one hour later. The session will be attended by the members of the City Commission, which include commissioners Alex Diaz de la Portilla, Ken Russell, Joe Carollo, Manolo Reyes, and Keon Hardemon; City Manager Emilio T. Gonzalez; City Attorney Victoria Mendez; Deputy City Attorneys John A. Greco and Barnaby L. Min; Division Chief for General Litigation Christopher A. Green; and Senior Appellate Counsel Assistant City Attorney Kerri L. McNulty. A certified court reporter will be present to ensure that the session is fully transcribed and the transcript will be made public upon the conclusion of the above -cited, ongoing litigation. At the conclusion of the attorney -client session, the regular commission meeting will be reopened and the person chairing the commission meeting will announce the termination of the attorney - client session." cc: Emilio T. Gonzalez, City Manager Todd B. Hannon, City Clerk Miriam Santana, Agenda Coordinator VM/BLM/CAG sndez, City Httor ey 12/26/2019