Pay up to $90,000 in attorneys fees reimbursement

CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorney DATE: June 25, 2026 RE: City Comission Meeting – June 11, 2026 Proposed Authorization to pay Buschel Gibbons, P.A. attorneys fees for representing Miami Police Officer Constant Rosemond in the matter of Talisha Cooper, individually, and as personal representative for the Estate of Antwon Leonard Cooper v. City of Miami, et al. filed in the United States District Court for the Southern District of Florida. Case Nos. 23-CV-20971-LENARD File No. 19326 The attached proposed Resolution seeks authorization to pay Ninety Thousand Dollars ($90,000.00) to Buschel Gibbons, P.A. for legal representation of City of Miami (“City”) Police Officer Constant Rosemond, in the matter of Talisha Cooper, individually and as personal representative of Estate of Antwon Leonard Cooper v. City of Miami, Constant Rosemond, Case No. 23-CV-20971-JL in the United States District Court for the Southern District of Florida. This action was brought by the Estate of Antwon Cooper against the City, and City Police Officer Constant Rosemond, alleging civil rights violations and state law tort violations, including Wrongful Death. The City and Rosemond prevailed on the merits before the trial court and the case settled on appeal at the Eleventh Circuit. Officer Rosemond was represented by Bushel Gibbons P.A.. Florida law recognizes that a public official may be entitled to legal representation at public expense to defend himself/herself against litigation arising out of the performance of his/her official duties. See Thornber v. City of Fort Walton Beach, 568 So. 2d 914 (Fla. 1990); see also Maloy v. Board of County Commissioners of Leon County, 946 So. 2d 1260 (Fla. 1st DCA 2007). The Office of the City Attorney has investigated and evaluated this case and has approved the recommendation of this settlement. Funds in the above amount will be paid from Account No. 50001.301001.545010.0.0. Attachment(s) cc: Art Noriega, City Manager Christopher Rose, Director, Office of Management and Budget Miriam M. Santana, Agenda Coordinator GKW/BLF City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com City of Miami Legislation Resolution File Number: 19326 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE PAYMENT OF ATTORNEYS' FEES AND COSTS IN AN AMOUNT NOT TO EXCEED NINETY THOUSAND DOLLARS ($90,000.00) TO BUSCHEL GIBBONS, P.A., AS REIMBURSEMENT FOR LEGAL FEES IN THE CASE OF TALISHA COOPER, INDIVIDUALLY, AND AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF ANTWON LEONARD COOPER V. CITY OF MIAMI, ET AL., CASE NO.: 23-CV-20971- JL IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. WHEREAS, Buschel Gibbons, P.A. (“Counsel”) provided legal representation for City of Miami (“City”) Police Constant Rosemond (“Officer”), in the matter of Talisha Cooper, individually and as personal representative of Estate of Antwon Leonard Cooper v. City of Miami, Constant Rosemond, Case No. 23-CV-20971-JL in the United States District Court for the Southern District of Florida (“Case”); and WHEREAS, Counsel has asserted a claim for fees incurred in the representation of the Officer; and WHEREAS, Florida law recognizes that a public official may be entitled to legal representation at public expense in order to defend himself/herself against litigation arising out of the performance of his/her official duties. See Thornber v. City of Fort Walton Beach, 568 So. 2d 914 (Fla. 1990); see also Maloy 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 not to exceed Ninety Thousand Dollars ($90,000.00) to Buschel Gibbons, P.A., inclusive of all fees and costs, as reimbursement for legal fees in the Case, is authorized.1 Section 3. Funds are to be allocated from Account No. 50001.301001.545010.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption. 1 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. APPROVED AS TO FORM AND CORRECTNESS: