Res. No. 072-97-10043>I
RESOLUTION NO.JZzSL.10043
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THECITYOFSOUTHMIAMI,FLORIDA,RELATING TO ATToSf
FEES;APPROVING INDEMNIFICATION OF ATTORNEY'S FEES AND
COSTS INCURRED IN DEFENDING FORMER MAYOR TOM
CUNNINGHAM AGAINST ETHICS COMPLAINT IN THE AMOUNT OF
$9128 32 AND CHARGING ACCOUNT NO.1500-3410,CONSULTING-
LEGAL;CONTAINING FINDINGS;PROVIDING AN EFFECTIVE DATE.
k*W™^8*acomplaint was filed with the Florida Commission on Ethics by Ms
Margaret Hamden against former Mayor Thomas Cunningham (Complaint No 96-58)the
complaint was investigated and aReport on Investigation issued by the executive directorfoeAdvocatefortheFloridaCommissiononEtiucsstated"There is no evidence to support
tfns allegation and recommended that "There is no probable cause to believe that
Respondent violated Section 112.313(6),Florida Statutes,as alleged,"the executive director
subsequently recommended dismissal due to the death of Respondent and the Florida
Commission on Ethics entered an order dismissing the complaint,and,
WHEREAS,former Mayor Cunningham incurred attorney's fees and costs in
defending against the ethics charge,in the amount of $10,123.38,of which $9 128 38
remains unpaid;and,'
WHEREAS,counsel submitted invoices,in the amount of $9,128.38,for attorney's
fees and costs incurred in the defense of former Mayor Cunningham;and,
WHEREAS,the City Commission adopted Ordinance No.14-96-1614,providing for
indemnification of legal defense costs;and,
WHEREAS,the City Attorney advised the City Commission that the legal expenses
incurred m the defense of the matter are necessary and reasonable.
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.As required by Ordinance No.14-96-1614,it is found that (1)former
Mayor Thomas Cunningham prevailed in the above-referenced proceedings;(2)the charges
arose out of or in connection with the performance of his official duties;(3)the act
complained of served a valid public Duroose-anrf u\,h„,,
"ayor Lunningham//^
and 28^the M^Xut 38^T*IF"*^^*"^3chargedtoAccountn71500-3415 5^5^^^"*P"SM *
Seciiora This resolution shall take effect immediately upon approval.
PASSED AND ADOPTED this i5th day of April,1997.
ATTEST;
CITY CLERK </
READ AND APPROVED AS TO FORM:
j£±_^^/^
CITY ATTORNEY
G:\CUBNTS\CSM\RES-ORD\CUNNFEE.RES
Scrivener error
r
COMMISSION VOTE:
Mayor Price:
Vice Mayor Robaina:
Commissioner Bethel:
Commissioner Young:
4-0
Yea
Yea
Yea
Yea
CITY OP SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:MayorandCity Com'n.Date:April 10,1997
L.Dennis Whitt,CM.
From:Earl G.Gallop ^^^Re:Ethics Compl't.against T.Cunningham;
City Attorney/^^Payment of attorney's fees
<J
This memorandum recommends payment of the invoices of theLawOffice of Stuart
R.Michelson,datedMarch3and 28,1997,intheamount of $9,128.38.
The attorney's fees and costs are reasonable and they were necessarily incurred inthe
defense ofthe ethics complaint filed by Ms.Margaret Harnden against formerMayorTom
Cunningham.Pursuant to Ordinance No.14-96-1614,the city must indemnify Mayor
Cunningham forthefeesandcostsupon finding that:
(1)the city official prevailed in the proceedings;(2)the charges arose outof
orin connection withthe performance ofthe official's official duties;(3)the
acts or omissions complained of served a valid public purpose;and,(4)the
legal expenses incurred by the city official are reasonable.
The city commission shall be guided bythe opinion ofthecity attorney
regarding the necessity and reasonableness of the legal expenses incurred by
thecity official.
As defined inthe ordinance,theterm "prevail"means "all charges fjled ina
proceeding are dismissed for any reason...."The charges were dismissed after the death of
Mayor Cunningham.1
Recommendation:Authorize payment ofthe invoice upon making findings (1)
through (4),above.
1 Based onthe Report of Investigation,the Advocate forthe Florida Commission on Ethics
recommended dismissal on the basis of lack of probable cause.
Copies ofthe invoices are attached.You were previously provided with copies of the
complaint (with attachments),Reporton Investigation (without attachments),Report of
Supplementary Investigation,Advocate's Recommendation,Responseto Advocate's
Recommendationand counsel's March 7,1997 correspondence,attached as App.1-6,tothe
City Attorney's report for thelast regular meeting oftheCity Commission.
G:\CUENTS\CSM\MEMOS\CUNNFEE.MEM
a
LAW OFFICE OF
Sttjajemt R.Michelson
Mil KANE CONCOURSE
SUITE 517
BAY HARBOR ISLANDS.FLORIDA 33154
OADC (305)86MOOO*BROWARD (954)467-6404
FACSIMILE (305)664-4424
March 28,1997
Earl Gallop,City Attorney
City of South Miami
6130 Sunset Drive
South Miami,Florida 33143
RE:State of Florida Commission on Ethics v.Cunningham
Complaint No.86-58
HOURS
02/20
ISLM
02/26
ISLM
03/03
ISLM
03/05
ISLM
03/06
ISLM
03/06
SRM
03/07
SRM
STATEMENT
TelephoneconferencewithPhil Claypool;
dictate letters to Claypool and Gallop;
review Rule 34-5.0291
Revise letter toPhil Claypool;additional
preparationofmemotoEarl Gallop;telephone
conference with Peter Ostreich
Telephone conference withCity Attorney
Analysis offee petition
Finalize memorandum to Earl Gallop
Review draft of memo to Earl Gallop and make
revisions
Review and revise memo to Earl Gallop and
check all case references;telephone conference
with Bonnie Williams
DATE
1.0
2.5
.5
2.5
3.5
1.0
<*
Earl Gallop,City Attorney
City of South Miami
Page Two
March 28,1997
03/14Review order,telephoneconference with Phil
ISLM Phil Claypool
03/17
ISLM
TelephonecalltoPhil Claypool
.2
.1
SRM TOTAL ATTORNEY HOURS EXPENDED THIS BILLING:1.5 HOURS
ATTORNEY BILLING RATE PER HOUR:$200.00 PER HOUR $300.00
ISLM TOTAL ATTORNEY HOURS EXPENDED THIS BILLING:10.3 HOURS
ATTORNEY BILLING RATE PER HOUR:$200.00 PER HOUR
TOTAL LAW CLERK HOURS EXPENDED THIS BILLING:-0-HOURS
LAW CLERK BILLING RATE PER HOUR:$60.00 PER HOUR
TOTAL FEES:
COSTS INCURRED:
Facsimiles
Photocopies
Postage
TOTAL COSTS:
$24.00
5.25
-0-
$29.25
TOTAL FEES AND COSTS:
STUART
$2,060.00
$-0-
$2,360.00
$2,389.25
1
LAW OFFICE OF
Stuart R.MicelELSON
llll KANE CONCOURSE
SUITE 517
BAY HARBOR ISLANDS.FLORIDA 33154
DAOE (305)861-IOOO*BROWARD (954)407-6404
FACSIMILE (305)8C4-4424
March 3,1997
Earl Gallop,City Attorney
City of South Miami
6130 Sunset Drive
South Miami,Florida 33143
RE:State of Florida Commission on Ethics v.Cunningham
Complaint No.86-58
STATEMENT
HOURS DATE
09/20 Telephone conference with Earl Gallop
SRM and telephone conference with Tom
Cunningham 1•0
09/21 Review documents received from Earl
SRM Gallop and telephone conference with
Earl Gallop 1-5
09/23 Telephone conference with Bo Jackson;
SRM telephone conference with Earl Gallop;
draft correspondence to client;draft
correspondencetoBoJackson -85
09/24 Review documents received from Earl
SRMGallop;telephone conference with Earl
Gallop 1.0
10/04 Telephone conference withDennisWhitt .25
SRM
10/10 Telephone conference with DennisWhitt .1
SRM
11/07 Telephone conference with City Manager .1
ISL
<\
Earl Gallop,City Attorney
City of South Miami
Page Two
March 3,1997
11/08Telephoneconferencewithinvestigator;
ISL telephone conference with City Manager .3
11/12 Review file and prepare questions for
ISL client and witnesses .75
11/13 Telephone conference withPeter Ostreich;
ISL telephone conferencewith investigator,
preparelistof documents needed;witnesses .75
11/18 TelephoneconferencewithBoJackson;
SRM review file -25
11/21 Several calls to Dennis Whitt;draft memo
SRM to Dennis Whitt -25
11/21TelephoneconferencewithBoJackson
SRM and draft memo to file .4
12/02 TelephoneconferencewithEarl Gallop;
SRM review file -2
12/04 Reviewcase file;preparelistofadditional
ISL documents needed 1-0
12/04 Review fileanddraftmemoto Dennis
SRMWhitt;telephone conference with Earl
Gallop and conference with ISLre:
preparationof client andwitnessesfor
interview .75
12/05Prepareforclient interview;travelto
ISL South Miami,meet with client to discuss
allegationswithCityManagerDennis
Whitt,Code Compliance Director Sonia
Lamas,Planning &Zoning Director Bill
Mackay;reviewCRArecommendationsand
plan amendments;permittedusesof
MOzoning;hometown dist.overlay,non
conforming uses 4 •2
12/05 Conference with ISLre:preparation of
SRM client and witnesses for interview -25
<*
EarlGallop,City Attorney
City of South Miami
Page Three
March 3,1997
12/06 Review findings offactre:Charette
ISL process to create CRA;set-up meeting with
Al Elias;travel to and from South Miami
City Hall;meetings with Bill Mackay,
Ronetta Taylor,Al Elias and review
City records re:Dick property 4.25
12/06 Telephone conference with Bo Jackson
SRM and telephone conference with ISL re:
witnesses .25
12/09 Review case documents;telephone conference
ISL with Earl Gallop .5
12/09 Review documents received from Earl
SRM Gallop and conference with ISL .35
12/10 Telephone conference with Al Elias .1
ISL
12/10 Telephone conference with Young;
SRM telephone conference with Cox;conference
with ISL .75
12/11 Prepare document filesfor investigator;
ISL prepare forhearing;traveltoand from
South Miami City Hall and attend
investigation 4.85
12/11 Telephone conference with Mackey;
SRM conference with ISL -3
12/16 Phone calls to South Miami;Bo Jackson
ISLre:completing investigation by phone or
affidavit -25
01/03/97 Review Report of Investigator .25
ISL
01/16 Conference with Virlindia Doss and
ISL Mayor Cunningham;callsto Earl Gallop
and City Clerk -75
01/20 Read Advocate's recommendations .1
ISL
t
Earl Gallop,City Attorney
City of South Miami
Page Four
March 3,1997
01/21 Conference with Earl Gallop and reporter .3
ISL
01/29 Prepare response to Advocate's Recommendation .75
ISL
01/31 Telephone conference withEarlGallop .2
ISL
01/31 Additional preparation of response to
ISL Advocate's Recommendation 1•5
02/03 Review Advocate's Recommendation;review
SRM and revise response to Advocate's
Recommendation -75
02/06 Review file and review and revise draft
SRM of Response to Advocate's Recommendation 1.0
02/10 Reviewdraftof response toAdvocate's
ISL Recommendation and revise -2
02/10 Revise final draft of response to Advocate's
ISL Recommendation -3
02/14 Telephone conference with Earl Gallop -3
ISL
02/20 Review Supplemental Investigative
ISL Report and Recommendation of Executive^
Director;telephone conference with Phil
Claypool,draft letter to Mr.Claypool;
draftmemoto Mr.Gallop re:statusof
case
1.4
SRMTOTAL ATTORNEY HOURS EXPENDED THIS BILLING:10.2 HOURS
ATTORNEY BILLING RATE PER HOUR:$200.00 PER HOUR $2,040.00
ISL TOTAL ATTORNEY HOURS EXPENDED THIS BILLING:23.1 HOURS
ATTORNEY BILLING RATE PER HOUR:$200.00 PER HOUR $4,620.00
TOTAL LAW CLERK HOURS EXPENDED THIS BILLING:HOURS
LAW CLERK BILLING RATE PER HOUR:$60.00 PERHOUR S =Hz.
TOTAL FEES:$6,660.00
<?
Earl Gallop,City Attorney
City of South Miami
Page Five
March 3,1997
COSTS INCURRED:
Facsimiles
Photocopies
Postage
$38.00
33.75
7.38
TOTAL COSTS:$79.13
TOTAL FEES AND COSTS:$6,739.13
LESS FEE RETAINER:S 995.00
TOTAL AMOUNT DUE:$5,744.13
c^STUART
1