HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #7697
Date: 07/23/2020
Commission Meeting Date: 07/23/2020
Requesting Department: Office of the City
Attorney
Sponsored By:
District Impacted:
Type: Resolution
Subject: Waiver of Conflict Interests - Benedict Kuehne
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 9:54 PM
07/23/2020 10:09 PM
07/23/2020 10:23 PM
08/03/2020 9:27 AM
08/03/2020 9:28 AM
City of Miami
Legislation
Resolution
Enactment Number: R-20-0239
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 7697 Final Action Date:7/23/2020
A RESOLUTION OF THE MIAMI CITY COMMISSION WAIVING ANY CONFLICTS OF
INTEREST BENEDICT P. KUEHNE ("KUEHNE") AND THE LAW FIRM OF KUEHNE
DAVIS LAW, PA MAY HAVE TO ALLOW KUEHNE TO ADVISE AND COUNSEL THE
CITY IN THE MATTER OF CITY OF MIAMI V. MIAMI-DADE COUNTY, ET AL., CASE
NO. 2020-14640 CA 01.
WHEREAS, pursuant to Resolution No. R-20-0188, the City of Miami ("City") filed a
lawsuit in the matter of City of Miami v. Miami -Dade County, et al., Case No. 20-14640 CA 01
("Lawsuit") seeking declaratory and injunctive relief related to the City's request that Miami -
Dade County designate additional early voting sites for the upcoming August 18, 2020 primary
election in the City's predominantly Hispanic -American neighborhoods; and
WHEREAS, pursuant to Resolution No. R-20-0201, the Office of the City Attorney
("OCA") has endeavored to engage Benedict P. Kuehne ("Kuehne") of the law firm Kuehne
Davis Law, PA, one of only a handful of elections law specialists in the Miami area, as outside
counsel for the Lawsuit; and
WHEREAS, in an unrelated case, Kuehne represents a party in litigation against the
City; and
WHEREAS, if engaged as outside counsel for the Lawsuit, Kuehne would
simultaneously be engaged in litigation adverse to the City which is a conflict under the Rules
Regulating the Florida Bar; and
WHEREAS, Kuehne has been informed by The Florida Bar ethics hotline that such a
conflict is waivable so long as consent of all clients is obtained; and
WHEREAS, because Kuehne is a subject -matter expert in the area of election law and
the two lawsuits are unrelated, the OCA recommends that any potential conflict that may exist
be waived so Kuehne can represent the City as outside counsel in the Lawsuit; and
WHEREAS, the City Commission was advised of the conflict of interest by a
memorandum dated July 15, 2020 from the OCA; and
WHEREAS, the City Commission waives any conflict of interest that Kuehne may have
with respect to representing the City 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 Kuehne may have to
allow Kuehne to represent the City in the Lawsuit.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 8/3/2020