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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Legislation Resolution File Number: 17335 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO INFORM THE CITY COMMISSION WHENEVER LEGAL FEES FOR OUTSIDE COUNSEL REACH FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) IN ANY CURRENT OR NEW CASE WHERE OUTSIDE COUNSEL IS RETAINED TO REPRESENT AN ELECTED OFFICIAL DUE TO A CONFLICT 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 upfront legal fees for a City Commissioner is discretionary; and WHEREAS, in certain cases, the City must retain outside counsel to represent elected officials due to conflicts of interest that preclude representation by the City Attorney's Office; and WHEREAS, the City Commission seeks to exercise fiscal oversight while ensuring appropriate legal representation for elected officials in such circumstances; and WHEREAS, the City Commission finds it necessary to establish a financial threshold at which point the City Commission must be updated as to the legal fees expended on a case; 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; -v NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY Oft ' MIAMI, FLORIDA: 7:3 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 Attorney is directed to inform the City Commission whenever legal fees for outside counsel reach Five Hundred Thousand Dollars ($500,000.00) in any current or new case where outside counsel is retained to represent an elected official due to a conflict of interest. Section 3. This Resolution shall become effective immediately upon adoption. 17335 Legislation -SUB City of Miami Legislation Resolution SUBSTITUTED City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co File Number: 17335 Final Actio ' ate: A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO INFORM THE CITY COMMISSION WHENEVER LEGAL F S FOR OUTSIDE COUNSEL REACH ONE HUNDRED FIFTY THOUSAND DOL ' S ($150,000.00) IN ANY NEW CASE FILED AFTER THE EFFECTIVE DA ' OF THIS RESOLUTION WHERE OUTSIDE COUNSEL IS RETAINED TO REPSENT AN ELECTED OFFICIAL DUE TO A CONFLICT OF INTEREST: PROVI'' NG FOR AN EFFECTIVE DATE. WHEREAS, Section 111.07, Florida Statutes, allows the City •f Miami ("City") to defend civil actions arising from acts or omissions of its officers, employe., or agents within the scope of their duties; and WHEREAS, pursuant to Section 111.07, Florida Stat es, the payment of upfront legal fees for a City Commissioner is discretionary; and WHEREAS, in certain cases, the City must retoutside counsel to represent elected officials due to conflicts of interest that preclude repr entation by the City Attorney's Office; and WHEREAS, the City Commission seeks • exercise fiscal oversight while ensuring appropriate legal representation for elected o ' ials in such circumstances; and WHEREAS, the City Commission ds it necessary to establish a financial threshold at which point the City Commission must • updated as to the legal fees expended on a case; WHEREAS, this Resolution ' not intended to affect the upfront payment of legal fees for employees of the City; and WHEREAS, notwithstding anything to the contrary, in any civil action against an elected official arising from - is or omissions within the course and scope of his or her employment or function w' -re the City does not elect to provide representation, such elected official that prevails in t action will be entitled to seek reimbursement of his or her court costs and reasonable attor 's fees in accordance with Section 111.07, Florida Statutes; NOW, TH . ' EFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI Sec ' i n 1. The recitals and findings contained in the Preamble of this Resolution are adopted • reference thereto and incorporated herein as if fully set forth in this Section. ection 2. The City Attorney is directed to inform the City Commission whenever legal fee or outside counsel retained to represent an elected official due to a conflict of interest r- ch One Hundred Fifty Thousand Dollars ($150,000.00) in any new case filed after the ective date of this Resolution. Section 3. This Resolution shall become effective immediately upon adoption. SUBSTITUTED APPROVED AS TO FORM AND CORRECTNESS: Wy j ng III . C y tor - y 314/2025