HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney s/George-(. wysortrlr
DATE: June 24, 2024
RE: Substitution of RE.1 on the April 24, 2025, City Commission Meeting
Suspend Upfront Payments - Elective Officials Legal Fees - QBE Claims
File No.: 17335
Item RE.1 on the April 24, 2025, City Commission Meeting Agenda proposes to direct
the City Attorney to notify the City Commission whenever legal fees for outside counsel
reach One Hundred Fifty Thousand Dollars ($150,000.00) in any new case where outside
counsel is retained to represent an elected official due to a conflict of interest.
The legislation is being substituted to reflect the increase in the notification threshold
amount from $150,000.00 to $500,000.00, and to clarify that the reporting requirement
applies to both existing and future cases, pursuant to discussions held during the March
13, 2025, City Commission meeting.
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
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1`7335 SiDS-b-krk. 010(41.0 Ck4P-/
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: b
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.
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17335 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 ONE HUNDRED FIFTY THOUSAND DOLLARS
($150,000.00) IN ANY NEW CASE FILED AFTER THE EFFECTIVE DATE OF THIS
RESOLUTION 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;
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 retained to represent an elected official due to a conflict of interest
reach One Hundred Fifty Thousand Dollars ($150,000.00) in any new case filed after the
effective date of this Resolution.
Section 3. This Resolution shall become effective immediately upon adoption.
APPROVED AS TO FORM AND CORRECTNESS:
WyjngIII .0 y tor -y 3/4/2025