4TO:
FROM:
CITY OF SOUTH MIAMI
MEMORANDUM
Hon. Mayor, Vice Mayor and DATE: February 16, 2010
Commissioners
Brian D. Beasley, Commissioner
Proposed Resolution
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A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
ATTORNEY TO REPRESENT VICE MAYOR VALERIE NEWMAN
BEFORE THE STATE ATTORNEY IN CONJUNCTION WITH AN
INQUIRY INTO THE CIRCUMSTANCES OF THE DISCHARGE OF
FORMER CITY MANAGER W. AJIBOLA BALOGUN; AND
PROVIDING AN EFFECTIVE DATE.
Vice Mayor Valerie Newman has received an inquiry from the State Attorney as to the
circumstances surrounding the discharge of the former City Manager.
Once again, a person of the highest integrity is being compelled to dig into her own
pocket to pay for legal expenses in defending an action solely arising from her public duties as a
City Official. These expenditures in the defense of public duties should be borne and assumed
by the City, and under no circumstances should a City Official doing her duty be compelled to
pay personal expenses in this situation.
I inquired of Mr. Feingold if he would represent the Vice Mayor in this matter and he said
he would if approved by the City Commission.
By using our own attorney, not only will the Vice Mayor avoid the expenses of outside
counsel, but the reality of the situation is that at the end of the day it is the City that must
ultimately reimburse an elected official for legal expenses arising out of public duties such as this
matter where we have sour grapes of a disgruntled discharged former City Manager seeking
retaliation for his discharge by totally ignoring the reality that the City Manager, City Clerk, and
City Attorney in the City of South Miami are "at will" employees who only serve at the pleasure
of the City Commission.
I am also asking the City Commission to declare that there is no conflict in the City
asking Mr. Feingold to represent Vice Mayor Newman in these acts which arise out of the proper
discharge of her public duties.
W:\My Documents \Doc\memo CC.beasley.doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY
ATTORNEY TO REPRESENT VICE MAYOR VALERIE NEWMAN
BEFORE THE STATE ATTORNEY IN CONJUNCTION WITH AN
INQUIRY INTO THE CIRCUMSTANCES OF THE DISCHARGE OF
FORMER CITY MANAGER W. AJIBOLA BALOGUN; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission are of the opinion that the discharge of
former City Manager, W. Ajibola Balogun was a necessary and proper legislative function; and
WHEREAS, said former City Manager apparently alleged in retaliation that his firing
constituted a Sunshine violation; and
WHEREAS, these unfounded allegations against persons of the highest integrity can
only have a chilling effect on any good citizen seeking to serve his /her community as an elected
official; and
WHEREAS, it is the policy of the City of South Miami to support these duly elected
officials and protect them from any unjustified exposure to legal expenses arising out of the
performance of their public duties.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The Mayor and City Commission hereby authorize the City Attorney to
represent Vice Mayor Newman in conjunction with the inquiry by the State Attorney as to the
circumstances surrounding the discharge of former City Manager, W. Ajibola Balogun.
Section 2. That there is no conflict in Mr. Feingold representing Vice Mayor
Newman, as it is a matter that arose out of her performance of her public official duties, as a duly
elected official of the City of South Miami.
Section 2. This resolution will take effect immediately.
PASSED AND ADOPTED THIS DAY OF 2010.
ATTEST:
CITY CLERK
Page 1 of 2
APPROVED:
MAYOR
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READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
WAMy Docutnents \resolutions\Rcsolution ca representation.new m.doc
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COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris: