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HomeMy WebLinkAboutR-76-0835• JTS gg 9/2/76 RRSOLUTION No. 76-835 A RESOLUTION RATIFYING AND APPROVING THE ACTION OF THE CITY ATTORNEY AND THE CITY MANAGER IN RETAINING STEPHEN M. SLEPIN, ESQ., AS CO -COUNSEL IN CONNECTION WITH THE PREPARATION AND PRESENTATION OF THE CITY'S CASE IN THE MATTER OF CITY OF MIAMI V. JOEL WOOLDRIDGE, DECEASED, IN THE SUPREME COURT OF THE STATE OF FLORIDA; AUTHOR- IZING THE CITY TO COMPENSATE STEPHEN M. SLEPIN, ESQ., FOR HIS SERVICES AT THE RATE OF $75.00 AN HOUR; FUNDS FOR THESE SERVICES ARE AVAILABLE Ind THE OPERATING BUDGET OF THE CITY LAW DEPARTMENT. WHEREAS, the City Attorney has filed, on behalf of the City of Miami, a Petition in the Supreme Court of the State of Florida for Writ of Certiorari to the Industrial Relations Com- mision to review the Commission's decision in the case of City of Miami v. Joel Wooldridge, deceased; and WHEREAS, this case presents serious and unusual legal problems; and WHEREAS, Stephen M. Slepin, Esq., has the necessary qualifications to assist the City in the preparation and presenta- tion of its case in the Supreme Court of the State of Florida; and WHEREAS, the City Attorney has determined that the partici- pation of Stephen M. Slepin, Esq., as such co -counsel will be advantageous to the City in presenting its Petition to the Supreme Court of the State of Florida; and WHEREAS, funds are available in the operating budget of the Law Department; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: "DOCUMENT, - INDEX ITF M NO. /J Section l.. The action of the City Attorney and the City Manager in retaining Stephen M. Slepin, Esq., as co -counsel in connection with the preparation and presentation of the City's case in the matter of City of Miami v. Joel Wooldridge, deceased, in the Supreme Court of the State of Florida is hereby ratified and approved. "SUPPORTIVE DOCUMENTS FOLLOW" ; Section 2. The City is hereby authorized to compensate Stephen M. Slepin, Esq., for his services at the rate of $75.00 per hour. Section 3. Funds for these services are available in the operating budget of the Law Department. PASSED AND ADOPTED this 23rd day of September 1976. RALPH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: JAMES SCHOENBROD Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: .� cam$ 1' FRANK H. WESTON Acting City Attorney MAURICE A. FERRE MAYOR lie IJ t r ! E FOLLOW" .4 f- CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO The Honorable Members of The City Commission Frank H. Weston Acting City Attorney DATE. SUBJECT Septernber 8, 1976 Contract between City of Miami and Stephen Slepin RED E:FtEtJ C. I ENCLO UUEta Fit r Representation of City as Co -counsel in the case of City vs. Wooldridge The attached resolution ratifying the action of the City Attorney and the City Manager retaining Stephen M. Slepin as co -counsel to represent the City of Miami was an emergency action required be- cause of the following circumstances: The case in which Mr. Slepin is assisting us is a Workmen's Compensation case 1 i.tigati.n,t, the application of the Florida Statute creating a presumption of service connection and accidental causation for death or serious injury to a fireman by reason of heart disease, hypertension, tuberculosis. The presumption, according to the statute is supposed to be rebuttable. In the O{.i.1UOi; of ThCi•, the \. )rkmeFI' 5 Compensation office and the Judge of Industrial Claims in Miami, the City rebutted the presumption. The Industrial Claims Com- mission reversed the Industrial Claims Judge, in our opinion, erroneously. The final date to appeal was August 27, 1976.• Due to the number of cases which will be affected by this deci- sion, it is imperative that the City secure the best possible representation. I am informed that Mr. Slepin is one of the most capable lawyers in the State of Florida in this particular area of law. He was a member of the Industrial Claims Commission and is one of the authors of the Bar Association Text Book on the subject. While I feel the City Attorney's office can do a commendable job in representing the City, part of the problem is having the Supreme Court grant a hearing. Mr. Slepin's participation in the case will enhance our chances of receiving a hearing in addition to the wide area of experience which he will make available to the City. An attorney from this office, Mr. James Schoenbrod, is participat- ing in every step of the case. He will assist in the preparation of the brief and will appear with Mr. Slepin before the Supreme Court should certiorari be granted. FHW/ rr 3L1.