12CITY OF SOUTH MIAMI
INTER- OFFICE MEMORANDUM
TO: Hon. Mayor, Vice Mayor Date: April 6, 2010
and Commissioners
FROM: Roger M. Carlton, Acting City ManageILIO
Laurence Feingold, City Attorney
RE: Agenda Item #
Subject: Attorney's Fee Reimbursement and Necessity of Separate Counsel
for Vice Mayor Newman
Pursuant to a request by Mayor Stoddard, the following is the factual information
concerning attorney's fees reimbursement due Vice Mayor Newman:
1. The attached bill of Feb 5, 2010 from Jorge L. Pinion PA, totaling $6,039.14 has
been reimbursed by the Municipal Insurance Trust in the amount of 75% of the
aforesaid sum. It is therefore recommended by the City Manager and the City
Attorney that the remainder 25% or $1,509.79 be reimbursed to Vice Mayor
Newman. This Circuit Court Case was dismissed by the plaintiff, Ajibola
Balagun.
2. Also attached hereto is a bill from Legon Ponce & Fodiman, P.A., totaling
$1,595.00 which has been reimbursed by the Municipal Insurance Trust in the
amount of 75% of the aforesaid sum. It is therefore recommended by the City
Manager and the City Attorney that the remainder 25% or $398.75 be reimbursed
to Vice Mayor Newman. This ethics complaint was dismissed as being without
merit.
3. In conjunction with the case of Balogun vs the City of South Miami and Vice
Mayor Valerie Newman, even though Vice Mayor Newman is being sued in her
official capacity and not in her individual capacity, a conflict of interest prevents
the City Attorney from representing Vice Mayor Newman. It is therefore
recommended by the City Manager and the City Attorney that the City and Vice
Mayor Newman enter into the attached engagement letter with the law firm of
Legon Ponce & Fodiman, P.A. The City Attorney is very familiar with this firm
and has used their services frequently in the past. They are leading trial lawyers in
Page 1 of 2
the State of Florida and the agreed fee of $225 an hour is a substantially reduced
landmark low fee for a firm of this rating.
Chapter 8A of the Code of Ordinances of the City of South Miami authorizes the
City, upon recommendation of the City Attorney and City Manager, to provide for the
legal defense brought against Vice Mayor Newman, as well as the reimbursement of the
previous matters successfully resolved in her favor.
It should be noted that in July 2009, former City Attorney Luis Figueredo,
recommended that these reimbursements be made to Vice Mayor Newman as provided
for in Chapter 8A of the Code of Ordinances. Therefore, Vice Mayor Newman was
denied the very relief that the League of Cities has now recognized through the Municipal
Insurance Trust that she is entitled to.
ATTACHMENTS:
1. Proposed Resolution
2. Engagement Letter
3. Jorge L. Pinbn P.A. bill
4. Legon Ponce & Fodiman, P.A. bill
WAMy Documents\resolutions \Resolution memo.ca charter amend clarification.doc
Page 2 of 2
I RESOLUTION NO.
2
3 A resolution of the Mayor and City Commission of the City of South
4 Miami, Florida, pursuant to Chapter 8A of the Code of Ordinances,
5 authorizing the reimbursement of legal fees to Vice Mayor Newman, as
6 well as authorizing the hiring of the legal firm of Legon Ponce &
7 Fodiman, P.A. to defend her in the case of Balogun vs the City of South
8 Miami and Valerie Newman Case No. 10- 18510CA04; and providing an
9 effective date.
10
I1 WHEREAS, the City Attorney and City Manager have recommended this
12 resolution; and
13
14 WHEREAS, it is appropriate to grant this relief under our Code of Ordinances;
15 and
16
17 WHEREAS, the League of Cities, through the Municipal Insurance Trust, has
18 already reimbursed Vice Mayor Newman for 75% of her fees and costs; and
19
20 WHEREAS, there is a conflict of interest in the case of Balogun vs. the City of
21 South Miami and Valerie Newman Case No. 10- 18510CA04 which requires that Vice
22 Mayor Newman hires a separate attorney; and
23
24 WHEREAS, it will have a chilling effect on Vice Mayor Newman to have to
25 pay attorney's fees in the performance of her official duties; and
26
27 WHEREAS, failure by Vice Mayor Newman to adequately defend the above
28 case could have an adverse effect on the ultimate liability to the City of South Miami and
29 thus would be detrimental to the taxpayers of the City of South Miami.
30
31 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
32 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
33
34 Section 1. The Mayor and City Commission declare that the sum of
35 $1,509.79 be reimbursed to Vice Mayor Newman for the dismissed Balogun vs Newman
36 injunction case.
37
38 Section 2. The Mayor and City Commission declare that the sum of $398.75
39 be reimbursed to Vice Mayor Newman for the dismissed ethics complaint.
40
41 Section 3. That the City Attorney, Laurence Feingold and Vice Mayor
42 Newman are directed to hire the law firm of Legon Ponce & Fodiman, P.A. pursuant to
43 the engagement letter of March 29, 2010 establishing an hourly fee of $225 for the
44 defense of Balogun vs City of South Miami and Valerie Newman Case No. 10-
45 18510CA04.
46
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Section 4. This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED THIS DAY OF 2010.
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
LAURENCE FEINGOLD
CITY ATTORNEY
WAMy Documents\resolutions�Resolution fees.stoddard newmm.doc
Page 2 of 2
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
LAW OFFICES
LEGON PONCE & FODIMAN, P.A.
1111 SRICKELL AVENUE
SUITE 2190
MIAMI, FLORIDA 33131
TODD R. LEGON
S. DANIEL PONCE
TODD A. FODIMAN
JEFFREY A. SUDDUTH
LIAM P. KELLY
A. SHEILA ORETSKY*
ALICIA M. OTAZO -REYES
WILLIAM F. RHODES
March 30, 2010
OF COUNSEL
MILTON J. WALLACE
• ALSO ADMITTED IN NEW YORK
Via Electronic Mail
Commissioner Valerie Newman
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: W Aiibola Balogun v. City of South Miami, Florida and
Valerie Newman
Dade County Circuit Court Case No.: 10 -18510 CA 04
Dear Commissioner Newman:
TELEPHONE (305) 444 -9991
FAX(305)444 -9937
E-MAIL: LAWFIRM @LPFLAW.COM
We are pleased that you wish to engage our firm to represent you in connection with the above -
captioned matter. The purpose of this letter is to set forth the nature and scope of legal services we
have agreed to render on your behalf, the amount of our fees for these services, and the basis upon
which you authorize Legon, Ponce & Fodiman, P.A. to represent you in the above - referenced action.
1. Nature of Services. We have been engaged to represent you, Valerie Newman, in your
defense of the lawsuit referenced above.
2. As compensation for professional services rendered, the City of South Miami, Florida
agrees to pay for our services at the reduced blended hourly rate of $225.00 per hour.
We will record the actual time spent, to the nearest one tenth of an hour, and will submit to the City of
South Miami, Florida a monthly invoice indicating services provided in the previous month. Invoices
shall be paid within 30 days from the date thereof.
3. Costs. The City of South Miami, Florida shall reimburse us on a monthly basis for any
costs incurred in the course of our representation. Such costs and expenses may include but are not
limited to filing fees, courier expenses, travel expenses, court reporters, deposition transcripts, witness
fees, expert fees, computer research charges, sheriffs fees, investigative expenses, long distance
telephone charges, photocopying and word processing charges.
Commissioner Valerie Newman
City of South Miami
March 30, 2010
Page 2
4. Cooperation. You agree to fully cooperate with Legon, Ponce & Fodiman, P.A. and will
meet and confer with us as reasonably requested and will provide information, documentation and such
other assistance as may be requested by us in the handling of this matter.
5. Attorneys' Fees and Costs. In the event that any litigation or any collections activity
should arise out of this agreement, the prevailing party shall be entitled to recover all reasonable
attorneys' fees and costs incurred at both the trial and appellate levels.
6. Choice of law. Florida law will apply to this agreement and govern its interpretation.
7. Acceptance. Please indicate your acceptance of the above fee arrangement by signing in
the space provided below and returning the enclosed copy of this letter to the undersigned along with
the retainer in the stamped address envelope provided.
We appreciate the opportunity to provide legal services to you and we look forward to an
excellent working relationship.
Very truly yours,
L GON PONCE & FO IMAN, P.A.
TODD A. FODI AN ��
ACCEPTED AND AGREED:
CITY OF SOUTH MIAMI, FLORIDA
BE
By:
VALERIE NEWMAN
Dated: 2010
L.EGON PONCE & FooiMAN, P.A.
The Law Office of
Jorge L. PinSn, P.A
Attomeyat Law
Sunset Oaks Building - 9260 Sunset .Drive, Suite 118 Miami, Florida 33173 1 Tel. 305- 273.3901
February 16, 2010
SENT VIA FACSIMILE' AND
EMAIL
Lawrence Feingold, Esq
City of South Miami
6130 Sunset Drive
South Miami, FL, 33143.
Re: W. Ajibola Balogun v Valerie Newman
Case No.. 09 -43364 CA 25, ML4AH- -DARE
Your File No.: N/A
Dear Mr. Feingold Esq
Please find our bill for the Circuit case filed as against the then Commissioner,
Valerie Newman. In addition we have included two internal entries made by the late
Edtdk Baker discussing fees. You may also notice that the bill is replete with
communications with various attorneys regarding the fees. Any allegation that I intended
to give away my services for free (gift) is preposterous and unfounded.
ThAemo'n, we of Jorge L. Pinon AA
I Esquire
09 -2597
The Law Office of Jorge L. Pinon, P.A.
9260 Sunset Drive
Suite 116
Miami, FL 33173
Style: W. Ajibola Balogun v. Valerie Newman Date: 2/0612010,
Case No.: 09- 43364-CA -25
Our Matter: 09 -259
Regarding: W. Ajibola Balogun v. Valerie Newman
Invoice No: 10071
Services Rendered
Date
Staff
Description
Hours
Rate
Charges
6/16/2009
JLP
JLP and EB- Initial Meeting with Valerie
1.00
$275.00
$275.00
Newman. Explaining case and facts -
(Two Hours meeting)
6/16/2009
JLP
legal research, Review, & Analize
2.00
$275.00
$550.00
complaint, facts and Initial evidence
With Edrtik Baker
6/18/2009
EB
Legal research to Prepare Motion to
3.00
$150.00
$450.00
Dismiss
6/22/2009
EB
Continuation of Legal Research for
5.83
$150.00
$874.50
Motion to Dismiss case
6/23/2009
EB
Review memo and draft corrections
1.00
$150.00
$150.00
6/25/2009
JLP
JLP and EB meeting regarding injuction
0.50
$275.00
$137.50
Reseach
6/25/2009
JLP
Prepare first Draft of Motion to Dismiss
1.70..
$275.00
$467.50.
complaint
6/26/2009
JLP
Review and analize fax from Figueredo
0.50
$275.00
$137.50
Boutis & Montaivo regarding fees and
groundless allegations
6/29/2009
EB
Message for Figueredo and TC w!
2.00
$150.00
$300.00
Newman in reference to fees and
procedures. Ur to Newman, requesting
Fees from City
6/2912009
JEFF
Prepare Motion for Extension of Time
0.30
$150.00
$45.00
and proposed order
6/29/2009
JLP
Review City of South Miami, Police
1.00
$275.00
$275.00
Department/Inter- Office Memorandums,
Emails from different entities re AT &T
box. Discuss same with EB
6/29/2009
LS
Prepare Notice of Apperance
0.20
$75.00
$15.00
7/01/2009
EB
TC with Flaxman, day before, itr to
0.50
$150.00
$75.00
opposing counsel and proposed order
The Law Office of Jorge L. Pinon, P.A.
Page No.: 2
7/02/2009
JEFF
Prepare Itr to Judge Peter Adrian on
0.10
$150.00
$15.00
Defendants Motion for Extension of
Time
7/10/2009
JLP
Meeting with Valerie Newman
1.00
$275.00
$275.00
discussing several issues
7/15/2009
JLP
JLP & Jeff -Produce "Request for Legal
0.50
.$27.5.00
$137.50
Defense Services Ltr " attach resume to
City manager and Luis Figueredo with
Notice and Motion for Extension
7/24/2009
JEFF
Produce and send Second Mtn for
0.30
$150.00
$45.00
Extension of Time due to passing away
of Mr. Baker
7/27/2009
JLP
Review and Analize Answer and
0.50
$275.00
$137.50
Affirmative Defenses from City of South
Miami. Discuss same with Jeff
7130/2009
JLP
Revise and Finalize Motion to Dismiss
2.00
$275.00
$550.00
8/06/2009
JLP
Telephone calls to Flaxman and
1.00
$275.00
$275.00
Figueredo and Produce Itr to Neil
Flaxman regarding dropping Temporary
Injuction
8/07/2009
JLP
Conversation with Juan Montalvo
0.17
$275.00
$46.75
regarding fees and possible Cross
Claim by this firm
8/1012009
JLP
Review and Analize Plaintiffs Reply to
0.20
$275.00
$55.00
A &AD from City of South Miami
8/14/2009
LS
Review & Update contact information
0.05
$75.00
$3.75
from Notice of Change of Telephone
Number from Figueredo Boutis &
Montalvo.
8/17/2009
JLP
Conversation with Luis Figueredo
0.62
$275.00
$170.50
regarding fees and new strategy to
obtain same
8/18/2009
JLP
Review and analize Ltr from Neil
0.10
$275.00
$27.50
Flaxman regarding conversation with
JLP on the Ex -parta Preliminary
Injuction
9/02/2009
JLP
Conversation with Mark Goldstein re:
0.10
$275.00
$27.50
Temporary Injuction
9/08/2009
JLP
Review and Analize Notice of
0.10
$275.00
$27.50
Substitution of Counsel and Agreed
Order
9/15/2009
LS
Foillow Up call from Valerie Newman
0.05
$75.00
$3.75'
9/21/2009
JLP .
Produce Itr to Neil Flaxman regarding
0.40
$275.00
$110.00
the withdrawing of the injuctions from A.
Balogun and Defendant is not waiving
mediation
9/29/2009
LS
Sent fax to Flaxman regarding Notice of
0.20
$75.00
$15.00
Unavailability and requesting mediation
9/29/2009
LS
Produce Notice of Unavailability
0.20
$75.00
$15.00
10/0712009
JLP
Review and analize 57.105 Produce Itr
1.00
$275.00
$275.00
to Flaxman and requesting a voluntary
dismissal of case
10/1212009 JLP Review Plaintiffs Notice of Voluntary
Dismissal
10/12/2009 LS Postage and Courier
Total New Charges
Any payments.reoeived after the invoice date will be reflected on
the next bill. If you have any questions regarding this bill, please
do not hesitate to call our office.
The Law Office of Jorge L. Pinon, P.A.
Page No.: 3
0.05 $275,00
$13.75
1.00 $61.14
$61.14
Total Fees
$6,039.14
Fees and Expenses
Total Tax
Total Amount Due this Bill
$6,039.14
$6,039.14
$0.00
$6,039.14
311012010 LEGON PONCE & FODIMAN, P.A.
10:03 AM Pre -bill Worksheet Page
Selection Criteria
Clie.Selection Include: 3747.001
Nickname
3747.0011 CSM- Comm.Newman
Full Name
City of South Miami
Address
Phone
Fax
Home
Other
In Ref To
Birts v. Newman (Commission on Ethics)
2124/2010 JAS - 019 275.00
Matter No.: 3747.001
Last bill
76284 01Fees
Last charge
2125/2010
Last payment
Amount $0.00
Date Attorney Rate Hours Amount Total
ID Task Markup% DNB Time DNBAmt
2f22/2010 JAS -019 275.00 0.40 110.00 Billable
76282 Wass
Multiple conferences with T.Fodiman and L.Feingold regarding representation of Commissioner
Newman in probable cause hearing.
2012010 JAS -019 275.00
0.60
165.00 Billable
76283 Woes
Conference with L.Feingold; Review probable cause petition and exhibits; Conference with
T.Fodiman regarding same.
2124/2010 JAS - 019 275.00
1.30
357.50 Billable
76284 01Fees
Multiple conferences with L.Feingold; Review and analyze second amended ethics petition;
Prepare for commission hearing.
2/25/2010 JAS - 019 275.00
3.50
962.50 Billable
76285 01Fees
Continue preparation for and attend lengthy Ethics Commission hearing for Valerie Newman;
Conference with L.Feingold; Draft notice of appearance and request for dismissal.
TOTAL Billable Fees
5.8D
$1,595.00
Total of billable expense slips $0.00
Amount Total
Total of Fees (Time Charges) $1,595.00
Total of Costs (Expense Charges) $0.00
Total new charges $1,595.00
New Balance
Current $1,595.00