HomeMy WebLinkAboutResolutionCity of Miami
Resolution
Legislation
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.
SPONSOR(S): Commissioner Miguel Angel Gabela
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 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
City of Miami Page 1 of 2 File ID: 18495 (Revision:) Printed On: 12/5/2025
File ID: 18495 Enactment Number:
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 ; 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:
City of Miami Page 2 of 2 File ID: 18495 (Revision:) Printed on: 12/5/2025