HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #7696
Date: 07/23/2020
Commission Meeting Date: 07/23/2020
Requesting Department: Office of the City
Attorney
Sponsored By:
District Impacted:
Type: Resolution
Subject: Enable Office of the City Attorney to Advise and Counsel City Clerk
Budget Impact Analysis
Total Fiscal Impact:
City Commission
Legislative Division
Office of Management and Budget
Office of the City Attorney
Office of the City Attorney
Office of the City Clerk
Reviewed B
Nicole Ewan
Marta Gomez
Christopher M Rose
Barnaby L. Min
Victoria Mendez
City Clerk's Office
Meeting
Legislative Division Review
Department Head Review
Deputy Attorney Review
Approved Form and Correctness
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
07/23/2020 9:00 AM
07/23/2020 9:50 PM
07/23/2020 10:08 PM
07/23/2020 10:31 PM
08/03/2020 9:22 AM
08/03/2020 9:23 AM
City of Miami
Legislation
Resolution
Enactment Number: R-20-0238
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7696 Final Action Date:7/23/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICTS OF
INTEREST THE OFFICE OF THE CITY ATTORNEY ("OCA") MAY HAVE TO ALLOW
THE OCA TO ADVISE AND COUNSEL THE CITY CLERK IN THE MATTER OF JOE
CAROLLO V. ROBERT F. PIPER, III, ET AL., PENDING IN THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 2020-14475 CA 01 (10).
WHEREAS, on July 10, 2020, Commissioner Joe Carollo filed a lawsuit seeking
declaratory and injunctive relief in the matter of Joe Carollo v. Robert F. Piper, II, et al., pending
in the Eleventh Judicial Circuit in and for Miami -Dade County, Case No. 2020-14475 CA 01 (10)
("Lawsuit"); and
WHEREAS, Todd Hannon, in his official capacity as Clerk of the City of Miami ("Clerk"),
is a named defendant solely because the Lawsuit seeks injunctive relief as to the Clerk's
processing of recall petitions; and
WHEREAS, the representation of the Clerk by the Office of the City Attorney ("OCA") in
the Lawsuit presents a conflict under the Rules Regulating the Florida Bar ("Rules"); and
WHEREAS, under the Rules, an attorney can seek a waiver of such a conflict if the
attorney "reasonably believes that the lawyer will be able to provide competent and diligent
representation to each affected client;" and
WHEREAS, the OCA reasonably believes that it can provide competent and diligent
representation of the Clerk in the Lawsuit while continuing to provide competent and diligent
representation to all other clients; and
WHEREAS, the City Commission was advised of the conflict of interest by a
memorandum dated July 14, 2020 from the OCA; and
WHEREAS, the City Commission now waives any conflict of interest that the OCA may
have with respect to representing the Clerk in the Lawsuit; and
WHEREAS, in accordance with Section 2-33(f) of the Code of the City of Miami, Florida,
as amended, the City Commission, by a majority vote, hereby deems this Resolution to be of an
emergency nature;
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 waives any conflict of interest that the OCA may have
related to the Lawsuit and allows the OCA to provide representation to the Clerk in the Lawsuit.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS: