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File ID: #16860
Resolution
Sponsored by: Commissioner Miguel Gabela
A RESOLUTION OF THE MIAMI CITY COMMISSION SUSPENDING THE UPFRONT
PAYMENT OF LEGAL FEES FOR ELECTED OFFICIALS IN CERTAIN CASES;
PROVIDING FOR A REVIEW OF FUTURE CASES INVOLVING ELECTED OFFICIALS
THAT REQUIRE OUTSIDE COUNSEL DUE TO CONFLICTS OF INTEREST;
PROVIDING FOR AN EFFECTIVE DATE.
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16860 Final Action Date:3/13/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION SUSPENDING THE UPFRONT
PAYMENT OF LEGAL FEES FOR ELECTED OFFICIALS IN CERTAIN CASES;
PROVIDING FOR A REVIEW OF FUTURE CASES INVOLVING ELECTED OFFICIALS
THAT REQUIRE OUTSIDE COUNSEL DUE TO CONFLICTS OF INTEREST;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 111.07, Florida Statutes, allows the City of Miami ("City") to defend
civil actions arising from acts or omissions of its officers, employees, or agents within the scope
of their duties; and
WHEREAS, pursuant to Section 111.07, Florida Statutes, the payment of legal fees for a
City Commissioner is discretionary; and
WHEREAS, the City Commission seeks to manage legal expenses effectively while
balancing its responsibilities to elected officials under Section 111.07, Florida Statutes; 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 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 4. This Resolution shall become effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
g III, C yattory J1111212024