HomeMy WebLinkAboutCC 2017-09-19 Veto Legislation MemoTO: Honorable Members of the
City Commission
FROM: odd annon
City Clerk
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
DATE: September 14, 2017 FILE
SUBJECT: Vetoed legislation to be heard
at the September 19, 2017 Special
City Commission Meeting
REFERENCES:
ENCLOSURES: (1)
As of today's date, the Office of the City Clerk is in receipt of one (1) mayoral veto from Mayor
Regalado. The veto message from Mayor Regalado was received on Wednesday, August 2, 2017, at
12:22 p.m. and pertains to Resolution R-17-0393 which was passed at the July 27, 2017 Miami City
Commission Meeting involving the following item:
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING RESOLUTION NO. 17-0312,
ADOPTED JUNE 22, 2017, WHICH AUTHORIZED THE CITY ATTORNEY TO ENGAGE
OUTSIDE CONFLICT COUNSEL FOR THE REPRESENTATION OF THE CITY
ADMINISTRATION ON ALL MATTERS IN CONNECTION WITH THE NOTICE OF DEFAULT OF
FLAGSTONE ISLAND GARDENS, LLC AND FURTHER AUTHORIZED THE EXPENDITURE OF
ATTORNEY'S FEES AND COSTS ASSOCIATED WITH SAID ENGAGEMENT; SUBSTITUTING
IN LIEU THEREOF A NEW RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENGAGE
OUTSIDE CONFLICT COUNSEL SOLELY FOR THE PURPOSES OF PROVIDING ADVICE AND
COUNSEL TO THE CITY ADMINISTRATION IN THE CITY ADMINISTRATION'S SOLE
CAPACITY AS POTENTIAL FACT WITNESSES IN THE MATTER OF FLAGSTONE ISLAND
GARDENS, LLC, ET AL. VS. CITY OF MIAMI, PENDING IN THE ELEVENTH JUDICIAL
CIRCUIT IN AND FOR MIAMI-DADE COUNTY, CASE NO. 17-13829 CA 44; FURTHER
AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS ASSOCIATED WITH
SAID LIMITED ENGAGEMENT WITH FUNDS ALLOCATED FROM NON -DEPARTMENTAL
ACCOUNT NO. 00001.980000.531010.0000.00000; DIRECTING THE CITY ATTORNEY TO
MODIFY ANY ENGAGEMENT LETTERS PREVIOUSLY SENT TO BE CONSISTENT WITH THE
PURPOSES AS STATED HEREIN.
Pursuant to City Code Section 2-36(4), the City Clerk is directed to place any item(s) vetoed by the
Mayor, together with the veto form(s), on the next regularly scheduled City Commission meeting agenda
as the first substantive item(s) for consideration by the City Commission. With this in mind, the mayoral
veto of Resolution R-17-0393 will be addressed at the September 19, 2017 Special Miami City
Commission Meeting as the first substantive item to be heard on the agenda since the purpose of this
special meeting is to address all agenda items from the Thursday, September 14, 2017 City Commission
Meeting which was canceled due to Hurricane Irma recovery efforts.
For your information, the City Commission may override a veto by a four-fifths vote of the City
Commissioners present. If four-fifths of the City Commissioners present do not vote in favor of the
override, then the mayoral veto shall be sustained.
If you have any questions regarding this information, please do not hesitate to contact me.
C: Tomas Regalado, Honorable Mayor
Daniel J. Alfonso, City Manager
Victoria M6ndez, City Attorney
CITU OF MIAMI
INTER -OFFICE MEMORANDUM
}: Honorable Members of
The City Commission
'Rom--to/as P. Regalad
Mayor
OFFICE OF THE MAYOR
MIAMI, FLORIDA
VETO) AND VETO} MESSAGE
i)..\ i t August 2, 2017 FILE.
SUBJFC r Mayoral Veto
Resolution No. 17-2017
Adopted July 27. 2017
RI RENCES.
ENCLOSURES:
Pursuant to the authority Vested In me under the provisions of Section 4(,g)(5) of the
Charter of Miami, Florida. I hereby veto Resolution No. 17-0393 adopted July 27, 2017
titled as follows:
A RESOLUTION OF THE MIAMI CITY COMMISSION RESCINDING
RESOLUTION NO. 17-0312, ADOPTED JUNE 22, 2017, WHICH AUTHORIZED
THE CITY ATTORNEY TO ENGAGE OUTSIDE CONFLICT COUNSEL FOR
THE REPRESENTATION OF THE CITY ADMINISTRATION ON ALL MATTERS
IN CONNECTION WITH THE NOTICE OF DEFAULT OF FLAGSTONE ISLAND
GARDENS, LLC, AND FURTHER AUTHORIZED THE EXPENDITURE OF
ATTORNEY'S FEES AND COSTS ASSOCIATED WITH SAID ENGAGEMENT,
SUBSTITUTING IN LIEU THEREOF A NEW RESOLUTION AUTHORIZING THE
CITY ATTORNEY TO ENGAGE OUTSIDE CONFLICT COUNSEL SOLELY FOR
THE PURPOSES OF PROVIDING ADVICE AND COUNSEL TO THE CITY
ADMINISTRATION IN THEIR SOLE CAPACITY AS POTENTIAL FACT
WITNESSES IN THE MATTER OF FLAGSTONE ISLAND GARDENS, LLC, ET
AL, VS. CITY OF MIAMI, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT IN
AND FOR MIAMI-DADE COUNTY, CASE NO. 17-13829 CA 44; FURTHER
AUTHORIZING THE EXPENDITURE OF ATTORNEY'S FEES AND COSTS
ASSOCIATED WITH SAID LIMITED ENGAGEMENT, WITH FUNDS
ALLOCATED FROM NON -DEPARTMENTAL ACCOUNT NO,
00001.980000.531010.0000.00000: DIRECTING THE CITY ATTORNEY
MODIFY ANY ENGAGEMENT LETTERS PREVIOUSLY SENT TO BE
CONSISTENT WITH THE PURPOSES AS STATED HEREIN.
The original resolution adapted .I>_tne 22, 2017, specifically stated it was, "A resolution of
the Miami City Commission authorizing the City Attorney to engage outside conflict
counsel for the representation of the city administration ...." That decision, which I
agree with, resulted in engaging conflict counsel for the City Manager and its
administration to represent them in connection with the Flagstone Island Gardens, LLC,
et al, vs. City of Miami, pending in the Eleventh Judicial Circuit in and for Miami -Dade
County, Case No. 17-13829 CA 44. Now that the City Manager has retained counsel for
the case, the City of Miami has sought to insert itself into that attorney-client relationship
by adopting this Resolution No. 17-0393. That I cannot agree with. To allow this
Resolution to proceed unchecked would set a boor precedent about the authority the City
of Miami may exercise over the professional Judgment and advice outside conflict
counsel may provide to the client.
� t
Tomas P. Regalado
Mayor
cc: Todd Hannon, City Clerk
Victoria Mendez, City Attorney
Daniel J. AIfonso, City Manager
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