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 Attorney47_ xlifr.71-z
DATE: December 12, 2024
RE: City Commission Meeting —December 12, 2024
Proposed Authorization to pay Buschel Gibbons, P.A. attorney's fees for
representing Miami Police Officer Johanna Garcia in the matter of Jane
Doe v. City of Miami, et al., currently pending in the United States District
Court Southern District of Florida
Case No. 23-CV-23712-RNS
File No.: 17004
The attached proposed Resolution seeks authorization to pay Buschel Gibbons,
P.A. attorney's fees in an amount not to exceed Forty -Seven Thousand Two Hundred
Fifty Dollars ($47,250.00) for legal representation of City of Miami Police Officer
Johanna Garcia ("Officer") in the matter of Jane Doe v. City of Miami, et al., Case No.
23-CV-23712-RNS in the United States District Court Southern District of Florida
("Case").
This action was brought by Jane Doe against the City of Miami, Officer Johanna
Garcia, alleging civil rights violations and state law tort violations. The Case was
resolved by settlement and the Officer was not found to have violated Jane Doe's civil
rights. The Officer was represented by the Bushel Gibbons. Florida law recognizes that
a public official may be entitled to legal representation at public expense to defend
himself/herself against litigation arising out of the performance of his/her official duties.
See Thornber v. City of Fort Walton Beach, 568 So. 2d 914 (Fla. 1990); see also Maloy
v. Board of County Commissioners of Leon County, 946 So. 2d 1260 (Fla. 1st DCA
2007).
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the above amount will be
paid from the Account No. 50001.301001.545010.0000.00000.
cc: Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
Attachment(s)
GKW/KRJ
City of Miami
Legislation
Resolution
Enactment Number: R-24-0490
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17004 Final Action Date:12/12/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT
OF ATTORNEYS' FEES AND COSTS IN AN AMOUNT NOT TO EXCEED FORTY
SEVEN THOUSAND TWO HUNDRED FIFTY DOLLARS ($47,250.00) TO BUSCHEL
GIBBONS, P.A. AS REIMBURSEMENT FOR LEGAL FEES IN THE CASE OF JANE
DOE V. CITY OF MIAMI, ET AL., CASE NO.: 23-CV-23712-RNS IN THE UNITED
STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA;
ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000.
WHEREAS, Buschel Gibbons, P.A. ("Counsel") provided legal representation for City of
Miami Police Officer Johanna Garcia ("Officer") in the matter of Jane Doe v. City of Miami, et al.,
Case No. 23-CV-23712-RNS in the United States District Court Southern District of Florida; and
WHEREAS, Counsel have asserted a claim for fees incurred in the representation of the
Officers; and
WHEREAS, Florida law recognizes that a public official may be entitled to legal
representation at public expense in order to defend himself/herself against litigation arising out
of the performance of his/her official duties. See Thornber v. City of Fort Walton Beach, 568 So.
2d 914 (Fla. 1990); see also Maloy v. Board of County Commissioners of Leon County, 946 So.
2d 1260 (Fla. 1st DCA 2007);
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. Payment of attorneys' fees and costs in an amount not to exceed forty
seven thousand two hundred fifty dollars ($47,250.00) to Buschel Gibbons, P.A. inclusive of
all fees and costs, as reimbursement for legal fees in the Cases is authorized.'
Section 3. Funds are to be allocated from Account No.
50001.301001.545010.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
APPROVED AS TO FORM AND CORRECTNESS:
g III, C y`attor y / 12/3/2024