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RESOLUTION NO.: ________ _
A Resolution. consenting to potential conflict between outside counsel,
Brett Schneider, and attorneys in the firm of Weiss Serota Helfman Cole
& Bierman, P.L. and concerning Mr. Schneider's representation of the
City of South Miami on labor-related matters.
8 WHEREAS, the City Attorney has the authority to hire outside counsel in labor
9 related matters; and
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11 WHEREAS, Brett Schneider, of law firm Weiss Serota Helfman Cole & Bierman,
12 P.L. ("Weiss Serota"), is an attorney certified by the Florida Bar as a specialist in labor
13 related matters; and
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15 WHEREAS, other attorneys in the Weiss Serota firm represent developers and other
16 clients who may conduct business with the City of South Miami ("City"); and
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18 WHEREAS, there is a technical conflict of interest with hiring a firm that has some
19 attorneys in the firm who represent the City and other attorneys who represent developers
20 and other entities that may have an adverse interest to that of the City; and
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22 WHEREAS, the Florida Bar has rules allowing for Mr. Schneider to represent the
23 City in labor matters under the circumstances described above, provided that the City
24 consents to the potential conflict.
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26 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY
27 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
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29 Section 1. The interests of the clients of Weiss Serota Helfman Cole & Bierman, P.L.,
30 as may exist or become evident during the course of Mr. Brett Schneider's representation of the
31 City, may be adverse to the interest ofthe City. Notwithstanding these possibilities, the City has
32 determined that it is in its own interests to have Mr. Brett Schneider represent the City provided
33 he, personally, does not represent, or have any contact with, any clients who have an interest that
34 is adverse to the City, or discuss any matters with any other attorneys in his firm who represent
35 such client. Accordingly, the City agrees that other attorneys in the firm of Weiss Serota
36 Helfman Cole & Bierman, P.L. may represent other clients whose interest are or may be adverse
37 to that of the City, provided that Mr. Brett Schneider does not have any relationship, or allow any
38 information that he gains from his representation of the City to be shared, with any other clients
39 of his or of his firm. The City also agrees to waive any conflict of interest arising out of, and
40 that the City does not and will not object to, representation by other attorneys in the Weiss Serota
41 Helfman Cole & Bierman, P.L. firm under the circumstances and in the matters described
42 herein.
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44 Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is
45 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
46 shall not affect the validity of the remaining portions of this resolution.
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1 Section 3. Effective Date: This resolution shall take effect immediately upon adoption.
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PASSED AND ADOPTED this __ day of ______ , 2017.
ATTEST: APPROVED:
CITY CLERK MAYOR
10 READ AND APPROVED AS TO FORM, COMMISSION VOTE:
11 LANGUAGE, LEGALITY AND Mayor Stoddard:
12 EXECUTION THEREOF Vice Mayor Welsh:
13 Commissioner Edmond:
14 Commissioner Liebman:
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16 CITY ATTORNEY
Commissioner Harris:
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