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File ID: #16125
Resolution
Sponsored by: Commissioner Damian Pardo, Commissioner Manolo Reyes
A RESOLUTION OF THE MIAMI CITY COMMISSION SUSPENDING UPFRONT
PAYMENT OF LEGAL FEES FOR CURRENT AND FORMER ELECTED OFFICIALS
IN CASES WHERE OUTSIDE COUNSEL IS REQUIRED DUE TO CONFLICTS OF
INTEREST, EXCEPT IN EMERGENCIES AS DETERMINED BY THE CITY
ATTORNEY; DIRECTING THE CITY ATTORNEY TO REVIEW AND RECOMMEND
WITHIN SIXTY (60) DAYS FROM THE DATE OF THIS RESOLUTION WHETHER TO
CONTINUE SUCH ENGAGEMENTS ON A CASE -BY -CASE BASIS; FURTHER
DIRECTING THE CITY ATTORNEY TO REVIEW FUTURE CASES INVOLVING
CURRENT OR FORMER ELECTED OFFICIALS THAT REQUIRE OUTSIDE
COUNSEL DUE TO CONFLICTS OF INTEREST AND RECOMMEND WHETHER TO
ENGAGE OUTSIDE COUNSEL, INCLUDING ESTIMATED COSTS, AND TO
PROCEED IF THERE ARE NO OBJECTIONS FROM THE CITY COMMISSION,
EXCEPT IN EMERGENCIES AS DETERMINED BY THE CITY ATTORNEY;
DIRECTING THE CITY MANAGER TO COLLABORATE WITH THE CITY'S
INSURANCE BROKER TO EVALUATE WHETHER IT IS FINANCIALLY PRUDENT
AND FEASIBLE TO OBTAIN NEW PUBLIC OFFICIALS & EMPLOYMENT PRACTICE
AND LAW ENFORCEMENT LIABILITY POLICIES WITH AN ALTERNATE
INSURANCE CARRIER AND TO PRESENT HIS FINDINGS WITHIN NINETY (90)
DAYS FROM THE DATE OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16125 Final Action Date:9/26/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION SUSPENDING UPFRONT
PAYMENT OF LEGAL FEES FOR CURRENT AND FORMER ELECTED OFFICIALS
IN CASES WHERE OUTSIDE COUNSEL IS REQUIRED DUE TO CONFLICTS OF
INTEREST, EXCEPT IN EMERGENCIES AS DETERMINED BY THE CITY
ATTORNEY; DIRECTING THE CITY ATTORNEY TO REVIEW AND RECOMMEND
WITHIN SIXTY (60) DAYS FROM THE DATE OF THIS RESOLUTION WHETHER TO
CONTINUE SUCH ENGAGEMENTS ON A CASE -BY -CASE BASIS; FURTHER
DIRECTING THE CITY ATTORNEY TO REVIEW FUTURE CASES INVOLVING
CURRENT OR FORMER ELECTED OFFICIALS THAT REQUIRE OUTSIDE
COUNSEL DUE TO CONFLICTS OF INTEREST AND RECOMMEND WHETHER TO
ENGAGE OUTSIDE COUNSEL, INCLUDING ESTIMATED COSTS, AND TO
PROCEED IF THERE ARE NO OBJECTIONS FROM THE CITY COMMISSION,
EXCEPT IN EMERGENCIES AS DETERMINED BY THE CITY ATTORNEY;
DIRECTING THE CITY MANAGER TO COLLABORATE WITH THE CITY'S
INSURANCE BROKER TO EVALUATE WHETHER IT IS FINANCIALLY PRUDENT
AND FEASIBLE TO OBTAIN NEW PUBLIC OFFICIALS & EMPLOYMENT PRACTICE
AND LAW ENFORCEMENT LIABILITY POLICIES WITH AN ALTERNATE
INSURANCE CARRIER AND TO PRESENT HIS FINDINGS WITHIN NINETY (90)
DAYS FROM THE DATE OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 111.07, Florida Statutes, authorizes the City of Miami ("City") to
defend any civil action arising from a complaint for damages or injury suffered as a result of any
act or omission of action of any of its officers, employees, or agents for an act or omission
arising out of and in the scope of his or her employment or function; and
WHEREAS, pursuant to Section 111.07 Florida Statutes, the upfront payment for the
defense of a City Commissioner is discretionary; and
WHEREAS, the City, as well as certain named employees and officials, is a defendant to
a lawsuit filed by QBE Specialty Insurance Company ("QBE"), wherein QBE seeks a declaration
that QBE has no duty to defend and indemnify the City and its elected officials and employees
under the City's insurance policies; and
WHEREAS, the City Commission finds it important to keep abreast of and manage its
legal expenses to ensure financial responsibility and accountability; and
WHEREAS, the City Commission deems it necessary to suspend the upfront payment of
legal fees for current and former elected officials when outside counsel is required due to
conflicts of interest, except in cases of emergency as determined by the City Attorney; and
WHEREAS, the City Commission directs the City Attorney to review all such
engagements involving elected officials represented by outside counsel and to recommend to
the City Commission whether to continue such engagements on a case -by -case basis; and
WHEREAS, the City Commission further directs the City Attorney, except in cases of
emergency as determined by the City Attorney, to review all future cases involving current or
former elected officials that require outside counsel due to conflicts of interest and recommend
whether to engage outside counsel, including estimated costs, and to proceed with such
engagements in the absence of any objection from the City Commission; and
WHEREAS, the City Commission also deems it necessary to direct the City Manager to
evaluate whether it is financially prudent and feasible to obtain new public officials and
employment practice and law enforcement liability policies; and
WHEREAS, this resolution is not intended to affect the upfront payment of legal fees for
employees of the City; and
WHEREAS, notwithstanding anything to the contrary, in any civil action against an
elected official arising from acts or omissions within the course and scope of his or her
employment or function where the City does not elect to provide representation, such elected
official that prevails in the action will be entitled to seek reimbursement of his or her court costs
and reasonable attorney's fees in accordance with Section 111.07, Florida Statutes;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble of this Resolution are
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Commission hereby suspends the upfront payment of legal fees for
current and former elected officials in cases where outside counsel is required due to conflicts of
interest, except in emergencies as determined by the City Attorney. Any outstanding legal fees
incurred prior to the effective date of this Resolution will be paid.
Section 3. The City Attorney is directed to review and recommend within sixty (60) days
from the date of this Resolution whether to continue such engagements on a case -by -case
basis.
Section 4. The City Attorney is further directed to review future cases involving current
or former elected officials that require outside counsel due to conflicts of interest and
recommend whether to engage outside counsel, including estimated costs, and to proceed if
there are no objections from the City Commission, except in emergencies as determined by the
City Attorney.
Section 5. The City Manager is directed to collaborate with the City's insurance broker
to evaluate whether it is financially prudent and feasible to obtain new public officials and
employment practice and law enforcement liability policies with an alternate insurance carrier
and to present his findings within ninety (90) days from the date of this Resolution.
Section 6. This Resolution shall become effective immediately upon adoption and
signature by the Mayor.'
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.
APPROVED AS TO FORM AND CORRECTNESS:
g III, C yattor ey / 9/17/2024