HomeMy WebLinkAboutR-25-0155City of Miami
Resolution R-25-0155
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17335 Final Action Date: 4/24/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY
ATTORNEY TO INFORM THE CITY COMMISSION WHENEVER LEGAL FEES
FOR OUTSIDE COUNSEL REACH TWO HUNDRED FIFTY THOUSAND
DOLLARS ($250,000.00) 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.
SPONSOR(S): Commissioner Miguel Angel Gabela
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;
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 Attorney is directed to inform the City Commission whenever legal
fees for outside counsel reach Two Hundred Fifty Thousand Dollars ($250,000.00) in any
City of Miami Page 1 of 2 File ID: 17335 (Revision: A) Printed On: 8/21/2025
File ID: 17335 Enactment Number: R-25-0155
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.
APPROVED AS TO FORM AND CORRECTNESS:
..ram
g III C y for y 5/29/2025
City of Miami Page 2 of 2 File ID: 17335 (Revision: A) Printed on: 8/21/2025