HomeMy WebLinkAboutR-17-0219City of Miami
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Legislation
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Resolution R-17-0219
File Number: 1799
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/11/2017
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
PAYMENT OF ATTORNEYS' FEES AND COSTS IN THE AMOUNT OF TWO
THOUSAND SIX HUNDRED FIFTY DOLLARS ($2,650.00) TO BUSCHEL
GIBBONS, P.A. AND TWENTY-EIGHT THOUSAND SEVEN HUNDRED NINETY-
TWO DOLLARS AND FIFTY CENTS ($28,792.50) TO RICE PUGATCH
ROBINSON, P.A., INCLUSIVE OF ALL FEES AND COSTS, AS
REIMBURSEMENT FOR LEGAL FEES IN THE CASE OF EMILIA DIAZ FOX V.
CITY OF MIAMI AND ARTICE PEOPLES, CASE NO. 15-20125 IN THE UNITED
STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA;
ALLOCATING FUNDS FROM THE PROFESSIONAL SERVICES - LEGAL (NON -
DEPARTMENTAL) ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Buschel Gibbons, P.A. and Rice Pugatch Robinson, P.A. (collectively,
"Conflict Counsel") provided legal representation for City of Miami Police Officer Artice Peoples
("Peoples") in Case No. 15-20125 in the United States District Court for the Southern District of
Florida; and
WHEREAS, Conflict Counsel has asserted a claim for fees incurred in the representation
of Peoples; and
WHEREAS, Florida law recognizes that a public official may be entitled to legal
representation at public expense in order to defend himself against litigation arising out of the
performance of his official duties. See Thornber v. City of Fort Walton Beach, 568 So. 2d 914
(Fla. 1990); see also Ma/oy v. Board of County Commissioners of Leon County, 946 So. 2d
1260 (Fla. 1St DCA 2007);
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 Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Payment of attorneys' fees and costs in the amount of two thousand six
hundred fifty dollars ($2,650.00) to Buschel Gibbons, P.A. and twenty-eight thousand seven
hundred ninety-two dollars and fifty cents ($28,792.50) to Rice Pugatch Robinson, P.A.,
inclusive of all fees and costs, as reimbursement for legal fees in the case of Emilia Diaz Fox v.
City of Miami and Artice Peoples, Case No. 15-20125 in the United States District Court for the
Southern District of Florida, is authorized.'
Section 3. Funds are to be allocated from Professional Services - Legal (Non -
Departmental) Account No. 00001.980000.531010.0000.00000.
The herein authorization is further subject to compliance with all requirements that may be imposed by
the City Attorney including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page 1 of 2 File ID: 1799 (Revision:) Printed On: 911/2017
File ID: 1799
Enactment Number: R-17-0219
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.z
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, City Attor iey 4/28/2017
If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File ID: 1799 (Revision:) Printed on: 9/1/2017