HomeMy WebLinkAboutR-20-0238City of Miami
Resolution R-20-0238
Legislation
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.
City of Miami Page 1 of 2 File ID: 7696 (Revision:) Printed On: 5/5/2025
File ID: 7696 Enactment Number: R-20-0238
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:
end e ezCiity Attor ey 8/3/2020
City of Miami Page 2 of 2 File ID: 7696 (Revision:) Printed on: 5/5/2025