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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #18495 Resolution Sponsored by: Commissioner Miguel Gabela A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMMEDIATELY CEASE PAYMENT OF ATTORNEY'S FEES AND COSTS, AND DIRECTING THE CITY ATTORNEY TO CEASE AUTHORIZING SUCH PAYMENTS BEYOND THE MANDATE RESULTING FROM THE FIRST DIRECT APPEAL OF THE FINAL JUDGMENT OR FINAL ORDER, IN ANY PROCEEDINGS WHEREIN AN ELECTED OFFICIALS IS FOUND LIABLE IN THEIR INDIVIDUAL CAPACITY OR FOUND TO HAVE ACTED IN BAD FAITH, WITH MALICIOUS PURPOSE, OR IN A MANNER EXHIBITING WANTON AND WILLFUL DISREGARD OF HUMAN RIGHTS, SAFETY, OR PROPERTY, UNLESS THE CITY COMMISSION BY 4/5TH VOTE DETERMINES OTHERWISE; FURTHER DIRECTING THE CITY ATTORNEY TO PROVIDE A COPY OF THIS RESOLUTION TO ANY PERSON OR ENTITY TO WHOM ITS PROVISIONS MAY APPLY OR THAT MAY BE AFFECTED BY THEM. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18495 Final Action Date:11/20/2025 A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY MANAGER TO IMMEDIATELY CEASE PAYMENT OF ATTORNEY'S FEES AND COSTS, AND DIRECTING THE CITY ATTORNEY TO CEASE AUTHORIZING SUCH PAYMENTS BEYOND THE MANDATE RESULTING FROM THE FIRST DIRECT APPEAL OF THE FINAL JUDGMENT OR FINAL ORDER, IN ANY PROCEEDINGS WHEREIN AN ELECTED OFFICIALS IS FOUND LIABLE IN THEIR INDIVIDUAL CAPACITY OR FOUND TO HAVE ACTED IN BAD FAITH, WITH MALICIOUS PURPOSE, OR IN A MANNER EXHIBITING WANTON AND WILLFUL DISREGARD OF HUMAN RIGHTS, SAFETY, OR PROPERTY, UNLESS THE CITY COMMISSION BY 4/5TH VOTE DETERMINES OTHERWISE; FURTHER DIRECTING THE CITY ATTORNEY TO PROVIDE A COPY OF THIS RESOLUTION TO ANY PERSON OR ENTITY TO WHOM ITS PROVISIONS MAY APPLY OR THAT MAY BE AFFECTED BY THEM. WHEREAS, Section 111.07, Florida Statutes, and applicable common law and case law provide for the reimbursement of attorney's fees and costs under certain circumstances for elected officials; and WHEREAS, the City Commission finds that such reimbursement should be limited in cases where, pursuant to a final judgment or final order, an elected official is found liable in their individual capacity or found to have acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property; and WHEREAS, the City Commission further finds that reimbursement should not extend beyond the mandate resulting from the first direct appeal of the final judgment or final order, unless the City Commission by /5th vote determines otherwise; and WHEREAS, the City Commission seeks to ensure fiscal responsibility and accountability in the use of public funds; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby directed to immediately cease and desist from authorizing or making any payments of attorney's fees and costs in any proceedings wherein an elected official, pursuant to a final judgment or final order, is found liable in their individual capacity or found to have acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, beyond the mandate resulting from the first direct appeal of the final judgment or final order, unless the City Commission by /5th vote determines otherwise. Section 3. The City Attorney is hereby directed to cease authorizing the payment of attorney's fees and costs in such proceedings beyond the mandate resulting from the ` . s '. direct appeal of the final judgment or final order, unless the City Commission by /5th vote determines otherwise. Section 4. The City Attorney is further directed to provide a copy of this Resolution to any person or entity to whom its provisions may apply or that may be affected by them. Section 5. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: