Statura IntelligenceSuspend upfront payment of legal fees for elected officials
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AGENDA ITEM COVER PAGE File ID: #16860 Resolution Sponsored by: Commissioner Miguel Gabela A RESOLUTION OF THE MIAMI CITY COMMISSION SUSPENDING THE UPFRONT PAYMENT OF LEGAL FEES FOR ELECTED OFFICIALS IN CERTAIN CASES; PROVIDING FOR A REVIEW OF FUTURE CASES INVOLVING ELECTED OFFICIALS THAT REQUIRE OUTSIDE COUNSEL DUE TO CONFLICTS OF INTEREST; PROVIDING FOR AN EFFECTIVE DATE. City Hall 3500 Pan…
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AGENDA ITEM COVER PAGE File ID: #16860 Resolution Sponsored by: Commissioner Miguel Gabela A RESOLUTION OF THE MIAMI CITY COMMISSION SUSPENDING THE UPFRONT PAYMENT OF LEGAL FEES FOR ELECTED OFFICIALS IN CERTAIN CASES; PROVIDING FOR A REVIEW OF FUTURE CASES INVOLVING ELECTED OFFICIALS THAT REQUIRE OUTSIDE COUNSEL DUE TO CONFLICTS OF INTEREST; PROVIDING FOR AN EFFECTIVE DATE. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Resolution File Number: 16860 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION SUSPENDING THE UPFRONT PAYMENT OF LEGAL FEES FOR ELECTED OFFICIALS IN CERTAIN CASES; PROVIDING FOR A REVIEW OF FUTURE CASES INVOLVING ELECTED OFFICIALS THAT REQUIRE OUTSIDE COUNSEL DUE TO CONFLICTS OF INTEREST; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,
07, Florida Statutes, allows the City of Miami (“City”) to defend civil actions arising from acts or omissions of its officers, employees, or agents within the scope of their duties; and WHEREAS, pursuant to
07, Florida Statutes, the payment of legal fees for a City Commissioner is discretionary; and WHEREAS, the City Commission seeks to manage legal expenses effectively while balancing its responsibilities to elected officials under
07, Florida Statutes; and WHEREAS, this resolution is not intended to affect the upfront payment of legal fees for employees of the City; and WHEREAS, notwithstanding anything to the contrary, in any civil action against an elected official arising from acts or omissions within the course and scope of his or her employment or function where the City does not elect to provide representation, such elected official that prevails in the action will be entitled to seek reimbursement of his or her court costs and reasonable attorney’s fees in accordance with
07, Florida Statutes;
NOW, THEREFORE,
BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Commission hereby suspends the upfront payment of legal fees for current and former elected officials in cases where outside counsel is required due to conflicts of interest, except in emergencies as determined by the City Attorney. Any outstanding legal fees incurred prior to the effective date of this Resolution will be paid. Section 3. The City Attorney is further directed to review future cases involving current or former elected officials that require outside counsel due to conflicts of interest and recommend whether to engage outside counsel, including estimated costs, and to proceed if there are no objections from the City Commission, except in emergencies as determined by the City Attorney. Section 4. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM AND CORRECTNESS:
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