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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