Statura IntelligenceRequire city attorney notice when outside counsel fees reach $250,000
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AGENDA ITEM COVER PAGE File ID: #17335 Resolution Sponsored by: Commissioner Miguel Gabela A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO INFORM THE CITY COMMISSION WHENEVER LEGAL FEES FOR OUTSIDE COUNSEL REACH ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) IN ANY NEW CASE FILED AFTER THE EFFECTIVE DATE OF THIS RESOLUTION WHERE OUTSIDE COUNSEL IS RETAINED TO REPRESENT AN…
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AGENDA ITEM COVER PAGE File ID: #17335 Resolution Sponsored by: Commissioner Miguel Gabela A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO INFORM THE CITY COMMISSION WHENEVER LEGAL FEES FOR OUTSIDE COUNSEL REACH ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) IN ANY NEW CASE FILED AFTER THE EFFECTIVE DATE OF THIS RESOLUTION WHERE OUTSIDE COUNSEL IS RETAINED TO REPRESENT AN ELECTED OFFICIAL DUE TO A CONFLICT 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: 17335 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION DIRECTING THE CITY ATTORNEY TO INFORM THE CITY COMMISSION WHENEVER LEGAL FEES FOR OUTSIDE COUNSEL REACH ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) IN ANY NEW CASE FILED AFTER THE EFFECTIVE DATE OF THIS RESOLUTION WHERE OUTSIDE COUNSEL IS RETAINED TO REPRESENT AN ELECTED OFFICIAL DUE TO A CONFLICT 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 upfront legal fees for a City Commissioner is discretionary; and WHEREAS, in certain cases, the City must retain outside counsel to represent elected officials due to conflicts of interest that preclude representation by the City Attorney’s Office; and WHEREAS, the City Commission seeks to exercise fiscal oversight while ensuring appropriate legal representation for elected officials in such circumstances; and WHEREAS, the City Commission finds it necessary to establish a financial threshold at which point the City Commission must be updated as to the legal fees expended on a case; 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 Attorney is directed to inform the City Commission whenever legal fees for outside counsel retained to represent an elected official due to a conflict of interest reach One Hundred Fifty Thousand Dollars ($150,000.00) in any new case filed after the effective date of this Resolution. Section 3. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM AND CORRECTNESS:
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