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RESOLUTION NO.
A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, pursuant to Chapter 8A of the Code of Ordinances,
authorizing the payment of legal fees to Harriet R. Lewis, Esquire for
services rendered to Vice Mayor Newman, paid from account No. 001-
1500- 514 -3410; and providing an effective date.
WHEREAS, these charges before the Commission on Ethics were brought
against Vice Mayor Newman; and
WHEREAS, the City has previously ruled to retain Harriet R. Lewis at the
EMIT rate of $155.00 per hour; and
WHEREAS, the attached bills totaling $7,500.00 is actually less than $155.00
per hour, since Lewis's bookkeeping staff made an error in not billing Commissioner
Newman; and
WHEREAS, the agreed $155.00 per hour rate would total $11,451.42, but was
adjusted down to $7,500.00 by attorney Lewis; and
WHEREAS, eight out of the nine ethics charges against Vice Mayor Newman
have already been dismissed by attorney Lewis.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, THAT:
Section 1. The above whereas clauses are incorporated into this resolution as
though fully set forth herein.
Section 2. The Mayor and City Commission declare that the sum of
$7,500.00 be paid to Harriet R. Lewis, Esquire from account No. 001- 1500 -514 -3410
with a balance of $274,211.07, for services rendered to Vice Mayor Newman for her
ethics complaint.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS DAY OF 2011.
ATTEST:
CITY CLERK
Page 1 of 2
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
2
Ll
9
10
11
12
13
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15
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Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
LAURENCE FEINGOLD
CITY ATTORNEY
\ \exodus \Prom Powmault\RtaylorWy Documents\resolutions \Resolution fees.newmw)2.15.11.doc
Page 2 of 2
9Y EXHIBIT 1
�
674 ( ° 8y,.
February 9, 2011
Laurence Feingold, Esq.
City Attorney
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
Re: Balogun v. Valerie Newman
Our File Number: 81082
Dear Larry,
�i/ef� �ca�.56/ 826280
Pursuant to your request I am enclosing copies of our most recent bills concerning
the above referenced matter showing a balance due of $7,500 for legal service, along
with the following explanation for the reduction in both hourly rate and amount due.
You may recall that Mr. Balogun initially filed charges against Commissioner Valerie
Newman with the Miami -Dade Commission on Ethics claiming 9 different violations.
Attorney Jorge Pinon was retained to defend her before this Commission. Mr. Balogun then
filed suit in the Circuit Court of the 11th Judicial Circuit in and for Miami -Dade County,
Florida claiming various torts. My law firm was retained by the Florida Municipal Ins. Trust
to defend Commissioner Newman in the Circuit Court Case, and it was determined by us
that the discovery process in both matters would duplicate each other. Having presented
that information to both you and Commissioner Newman, it was then decided that Lewis,
Stroud & Deutsch, P.L. would represent Commissioner Newman in both matters, as the legal
costs in the Circuit Court case were being borne by the F.M.I.T. Additionally, once retained
by the F.M.I.T to represent Commissioner Newman in the Ethics' matter, we could notice a
deposition in both cases and then order the transcript in the Circuit Court case, and send
the invoice for same directly to the F.M.I.T.
Then, quite surprisingly, I was informed by the F.M.I.T. that Commissioner Newman had
exhausted her coverage for the Ethics' matter, when this law firm's and Jorge Pinon's bills
were combined, and that the balance on the existing invoice, dated December 2, 2011 after
payment by the F.M.I.T. was now the responsibility of Commissioner Newman. That
balance was approximately $15,822,20, and a bill was sent to the Commissioner on January
10, 2011, for that amount. A copy of that invoice is attached hereto as Composite Exhibit
1.
We then proceeded to charge Commissioner Newman each month, after combining the
unpaid bills and the current bills for legal services on the Ethics' matter. We were initially
charging her the exact same rate that Attorney Pinon was charging her, i.e., $250.00 an
hour, which contributed to the $15,822.20 balance due. However, once the F.M.I.T.
stooped her coveraae, I made the decision to lower her hourly rate to the same rate that
Mr. Laurence Feingold
February 9, 2011
Page Two
along with all other F.M.I.T. attorneys charge the F.M.I.T., which is $155.00 an hour.
Additionally, and by mistake, we continued to charge the F.M.I.T. for depositions and
attendances at same, after we were notified that Neal Flaxman was dismissing
Commissioner Newman from the Circuit Court action. The F.M.I.T. claims representative
declined payment of these changes in the total amount of $5,513.29. Therefore, this
amount should have been charged to the Ethics' file rather than to the Circuit Court action.
With all of the changes in hourly rates taking place and the combining of two files, I decided
that rather than review each and every charge on each line entry on the invoices for the
Ethics' matter, as well as each and every cost item listed, it would be more expedient to
simply reduce the remaining balance owed this firm to $7,500.00, and begin anew under
one file.
I am enclosing copies of all invoices for your review including the invoice numbered 2762
showing a reduction in the total amount due to $7,500.00. Should you have any questions
or wish to discuss this matter with me please do not hesitate to contact me.
enclosures
Sincerely yours,
LEWIS, STROUD & DEUTSCH, P.L.
/s/ Harriet R. Lewis
BY: Harriet R. Lewis
�� �%-44
EXHIBIT 2,
From: HLewis @lsdlaw.net
To: AslanF @aol.com
CC: valerienewman09 @gmaii.com
Sent: 2/2/201111:04:27 A.M. Eastern Standard Time
Subj: Valerie Newman adv. Miami -Dade Commision on Ethics
Good Morning Larry,
I am somewhat in a quandary with respect to this matter. We have achieved the
dismissal of 8 of the 9 counts
brought against Valerie Newman by the Miami -Dade Commission on Ethics and are
pretty close to a total success in
that after having met with the representatives of ATT, Gary Oldehoff is convinced that
any deposition testimony given
by any of the ATT individuals involved will not support this last count. We have
researched whether or not Valerie
has a "property interest' in her elected position and apparently the law is against her
on this point. Therefore, there
2/10/2011
is no Section 1983 action that can be brought against the Commission on her behalf. I have
forwarded a Complaint to
her for her review that can be filed in the Circuit Court for Miami -Dade County along with an
evaluation of the status
of her charges.
I have also sent her bills every month for services performed on her behalf by this office as well
as for costs incurred,
with no response from her and no payment of these invoices. I am attaching the latest invoice,
and as you can see
the amount is growing, as are my concerns.
At this time, I would appreciate any help that you can provide in bringing this bill current.
Harriet R. Lewis
Lewis, Stroud & Deutsch, P. L.
Suite 251
1900 Glades Road
Boca Raton, Fl. 33431
(561) 826 -2800
(561) 826 -2828 (fax)
2/10/2011
EXHIBIT 3
From: AslanF @aol.com
To: HLewis @lsdiaw.net
CC: valerienewman09 @gmaii.com, markgoidstein98 @yahoo.com
Sent: 2/2/2011 1:17:51 P.M. Eastern Standard Time
Subj: Fwd: Attorney 's fees resolution
Harriett Our deal started afresh of FMIT and their non disclosures to you and was based
upon a civil rights case which you now say you can't file ...... More impt in the attached
Nov resolution, the City paid $1958 the only Bill submitted . .............. I now have another
Bill approximating $1900 plus about $600 in costs for 2 depositions costs. These
additional charges will be put before the Commission on Feb 14 for payment
Laurence Feingold P.A.
City Attorney of South Miami.
City Ball (305) 663 -6340
Beach Office: (305) 538 -1686
Cell: (305) 495 -7887
Fax: (305) 538 -7875
Web: laurencefeingold.com
NOTICE: This email message and all attachments transmitted with it are
intended solely for the addressees and does contain legally privileged, protected and
confidential attorney /client information. If you have received this message in error,
please notify the sender immediately by email reply and delete this message from your
computer and destroy any copies.
2/10/2011
EXHIBIT q
From: HLewis @lsdlaw.net
To: markgoldstein98 @yahoo.com
CC: AslanF @aol.com
Sent: 212/2011 3:38:28 P.M. Eastern Standard Time
Subj: RE: Vice Mayor Newman
Mark,
Apparently my office made a mistake in crediting the amount paid by the FMIT on the
bill and Larry and I have been on the phone discussing it .
I am now redoing the invoices for Valerie's share, and will resubmit the corrected
invoice tomorrow. It will be nowhere near what now appears as the
balance due and Larry and 1 will work it out. Tell Valerie not to worry, it is under
control.
Harriet R. Lewis
Lewis, Stroud & Deutsch, P. L.
2/10/2011
Please let me know if you have any questions.
Harriet R. Lewis
Lewis, Stroud & Deutsch, P. L.
Suite 251
1900 Glades Road
Boca Raton, Fl. 33431
(561) 826 -2800
(561) 826 -2828 (fax)
2/10/2011
From: HLewis @Isdiaw.net
To: AslanF @aol.com, valerienewman09 @gmail.com
Sent: 2/4120114:06:53 P.M. Eastern Standard Time
Subj: Miami Dade County Commission on Ethics v. Newman
Good Afternoon,
After much review of our invoices both to the FMIT and Valerie, as well as the amount
due after the FMIT reached the maximum coverage
under their policy, I have decided it would be more beneficial to just adjust the bills to
where 1 thought an
equitable amount would be. Prior to this adjustment, and considering the amount left
unpaid by the
FMIT, the total due Lewis, Stroud & Deutsch, P.L was $11, 451.42, after I adjusted the
hourly rate to $155.00 an
hour. I have adjusted the total amount down to $7,500 and hope you are successful in
placing this on the Commission's
next agenda and securing approval for payment.
2/10/2011
Lewis, Stroud & Deutsch, PL
1900 Glades Road
Suite 251
Boca Raton, FL 33431
Tel 561-826-2800 Fax 561 - 826 -2828
January 10, 2011
Invoice
Ms. Valerie Newman
6910 SW 64th Avenue
Miami FL 33143
In Reference To:Balogun v. City of South Miami and Valerie Newman Invoice # 2689
Date of Loss: 10/6/09 Federal ID #
Our File No. 81082 20- 338 -5521
For Professional Services Rendered:
Hours Amount
0.30 NO CHARGE
1.00 155.00
2.00 310.00
2.40 372.00
2.20 341.00
2.80 434.00
2.00 310.00
12.70 $1,922.00