_add-on c)RESOLUTION NO.
Add-on item c)
Sponsored by: City Manager
City Commission Meeting: 04-03-18
2 A Resolution of the Mayor and City Commission of the City of South Miami,
3 Florida, pursuant to Chapter SA-6 of the Code of Ordinances, authorizing the
4 defense of Mayor Philip K Stoddard and the payment of his legal fees with
5 respect to the ethics complaint filed by Stephen Cody.
6 WHEREAS, a compliant has been filed by Stephen Cody against Mayor Philip K.
7 Stoddard ("Mayor") with the Miami Dade County Commission on Ethics; and
8 WHEREAS, Section 8A-6 (b) provides:
9 (b) Defenses of officials. Upon the request of the city official (the "official") the city may,
10 in its discretion, provide for the legal defense of any action or proceeding brought against such
11 official for acts or omissions arising out of and in the course and scope of the official's function,
12 when such official is charged with a violation of any provision of the Code of Ethics for Public
13 Officer and Employees, Part III, Chapter 112, Florida Statutes, Section 2-11.1, Miami-Dade
14 County Code, or [sections] 8A-1 through 8A-50fthe city's ethics ordinances. The provision of
15 legal defense is limited to the payment oflegal expenses to counsel and the payment of approved
16 reimbursable costs to the official incurred for the purpose of defending actions or proceedings in
17 accordance with the provisions of this section. This section shall not apply to any action brought
18 or initiated by the city against an official.
19 WHEREAS, Section 8A-6 (c) provides:
20 (c) Request for approval. A written request for the provision of legal defense (the
21 "request") shall be submitted by the official and reviewed in accordance with the following
22 procedure:
23 (1) A request shall be submitted to and reviewed by the city manager;
24 (2) A request shall be submitted after the official is served with a complaint, notice,
25 charge, summons, process or other initiating pleading;
26 (3) A request shall include the name, address, resume, and hourly rate of counsel, and
27 a copy of the complaint, notice, charge, summons, process or other initiating pleading;
28 (4) The city manager shall recommend approval or denial [of] the request in writing
29 within ten (10) days after receipt of such request. The city manager's recommendation is subject
30 to the city attorney's concurrence that said request is consistent with the requirements of this
31 section.
32 (5) The city commission shall consider and vote on the recommendation of the city
33 manager and city attorney to find legal expenses and costs as provided for under subsection (e)(1).
34 WHEREAS, the Mayor was served with the complaint and has requested that the City
35 pay for the Mayor's legal defense since the complaint of Mr. Cody arises out of the Mayor's
36 function in his official capacity, the alleged conduct was performed within the course and scope
37 of the Mayor's official duties, and the complaint charges a violation of Section 2-11.1, Miami-
38 Dade County Code. The Mayor's request includes the name, address, resume, and hourly rate of
39 counsel, and a copy of the initiating pleading; and
Page 1 of3
Add-on item c)
Sponsored by: City Manager
City Commission Meeting: 04-03-18
WHEREAS, the City Manager has received and reviewed the Mayor's request for the
2 payment of a defense and he has made a written recommendation approving the Mayor's request;
3 and
4 WHEREAS, the City Attorney has reviewed the request and the Manager's
5 recommendation and the City Attorney has concluded that the request is consistent with the
6 requirements of Section 8A-6; and
7 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
8 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
9 Section 1. The City Commission hereby provide of the Mayor's request for the
10 payment of his legal defense and the City Manager is hereby authorized to expend City funds,
11 upon the review and approval of a request for the payment of legal expenses and reimbursable
12 costs in accordance with Section 8A-6(b). The authorization to expend City funds shall not extend
13 to any appeal or other judicial review without additional authorization of the City Commission.
14 The expenditure of City funds shall be paid from a specific City account established in the City
15 budget for the purposes of Section 8A-6(b). or from other funds designated for mayor or
16 commission use. No funds of the City, other than City funds, as defined in Section 8A-6(a), shall
17 be used for the legal defense of the Mayor. The expenditure of City funds for the payment of legal
18 expenses and reimbursable costs shall be subject to the following:
19 (1) Counsel of the Mayor shall on a monthly basis submit all current bills for legal
20 expenses to the City's Finance Department in a format approved by the City Attorney and Finance
21 Director. The Mayor shall on a monthly basis submit all current bills for reimbursable costs to the
22 City's Finance Department in a format approved by the City Attorney and Finance Director.
23 (2) The City Manager and City Attorney shall review and approve all submitted bills prior
24 to the payment by the City;
25 (3) Upon approval of submitted bills, the City Manager shall provide for direct payment
26 to counsel for legal expenses and to the official for reimbursable costs. Payment shall be made on
27 a monthly basis during the pendency of the action or proceeding.
28 (4) The City Manager shall on a monthly basis provide a copy of all approved bills to the
29 City Clerk for filing and retention as a public record and for public inspection, subject to an
30 applicable exemption.
31
32 Section 2. The hourly rate shall not exceed $350 per hour for the defense of the
33 Mayor on the charges in question.
34
35 Section 3. Severability. If any section clause, sentence, or phrase of this resolution is for
36 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall
37 not affect the validity of the remaining portions of this resolution.
38
39 Section 4. Effective Date. This resolution shall become effective immediately upon
40 adoption.
41
42 PASSED AND ADOPTED this __ day of _____ , 2018.
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ATTEST:
CITY CLERK
Add-on item c)
Sponsored by: City Manager
City Commission Meeting: 04-03-18
APPROVED:
MAYOR
7 READ AND APPROVED AS TO FORM, COMMISSION VOTE:
8 LANGUAGE, LEGALITY AND EXECUTION Mayor Stoddard:
9 EXECUTION THEREOF Vice Mayor Harris:
10 Commissioner Welsh:
11 Commissioner Liebman:
12 Commissioner Gil:
13 CITY ATTORNEY
14
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Benedict P. Kuehne
Practice Areas
• Criminal Defense
• White Collar Crime
• Appellate Practice
• Civil Litigation
Admitted: 1977, Florida; 1979, District of Columbia; U.S. Court of Appeals, Fifth
Circuit, U.S. District Courts, Southern District of Florida, Middle District of Florida; U.S.
Supreme Court, U.S. Court of Appeals, Eleventh Circuit; 1984, U.S. Court of Appeals,
Second, Third, Fourth, Sixth, Seventh, Eighth and Tenth Circuits; 1990, U.S. Court of
Appeals, First, Ninth and Federal Circuits; 1997, U.S. District Court, Northern District of
Florida.
Law School: University of Miami, J.D.
Professional Summary: Known as the "Iron Lawyer" for his successes and
accomplishments in complex, protracted trials and appeals, as well as for his
significant achievements as an lronman athlete (140.6 miles of swim, bike, and run),
Benedict P. Kuehne is experienced in both trial and appellate courtrooms
throughout the State of Florida and across the nation. While he is known best for his
significant representations as a white collar criminal defense lawyer, he is also one of
the premier election law specialists in Florida, having represented Vice President AI
Gore and the Gore/Lieberman Recount Committee as trial co-counsel in the 2000
election recount trial and the appeals to the Florida Supreme Court, the Eleventh
Circuit Court of Appeals, and the United States Supreme Court. In 2012, leading a legal
team, Ben obtained the fifth highest verdict in the United States, $155 million, for his
successful representation of an internationally accomplished educator who sued as a
whistle blower for her wrongful termination.
Recently, Ben prevailed against the U.S. Department of Justice in a test case in which
he was charged, as a lawyer, with money laundering for reviewing and approving the
propriety of legal fee payments to another prominent criminal defense lawyer for
representation of a high-profile client prosecuted for drug trafficking. In a long-awaited
and highly favorable appellate decision of first impression, the Eleventh Circuit Court of
Appeals declared that legal fees paid for criminal defense representation were exempt
from money laundering enforcement. The Department of Justice promptly dropped all
charges, resulting in Ben's immediate vindication the day before Thanksgiving 2009.
He is a Past President of the Dade County Bar Association, a former member of the
Board of Governors of The Florida Bar, a Past President of the Florida Association of
Criminal Defense Lawyers-Miami, a Life Member of its Miami Chapter, a Founding and
Life Member and past board member of the statewide Florida Association of Criminal
Defense Lawyers, and a Charter Member of the Rosemary Barkett Appellate Inn of
Court. He previously served as Chair of the Criminal Law Section, the Appellate
Section, and the Council of Sections of The Florida Bar, was President of the Florida
Council of Bar Association Presidents, and served as Chair of the Appellate
Certification Committee and the Criminal Certification Committee of The Florida Bar.
He is triple certified by The Florida Bar in Criminal Trial Practice, Appellate Practice,
and Criminal Appellate Law, and by the National Board of Trial Advocacy as a Criminal
Trial Advocate. He is also credentialed as a Certified Fraud Examiner and a Certified
Legacy Advisor.
Member: Dade County (President, 1998-1999), Palm Beach County, and American Bar
Associations; The Florida Bar (Chair, Criminal Certification Committee, 1990-1993;
Member, Appellate Rules Committee, 1979-1984, 1985-1989; Criminal Law Section,
Chair, 1994-1995; Chair, Appellate Certification Committee, 1995-1999; Chair,
Appellate Practice and Advocacy Section, 2000-2001; Chair, Council of Sections,
1999-2000; President, Florida Council of Bar Association Presidents, 2001; Board of
Legal Specialization and Education, 1999-2005); The District of Columbia Bar; National
Association of Criminal Defense Lawyers; Florida Association of Criminal Defense
Lawyers (Charter Member, Board of Directors, 1988-1989, 1991-), (Miami Chapter,
President, 1990-1991); Florida Justice Association (Academy of Florida Trial Lawyers),
1991-; Million Dollar Advocates Forum. Certified Fraud Examiner, Association of
Certified Fraud Examiners. (Board Certified Criminal Appellate Practice Lawyer,
Criminal Trial Practice, and Appeliate'Practice Lawyer, Florida Bar Board of Legal
Specialization and Education) (Board Certified Criminal Trial Advocacy Specialist by
the National Board of Trial Advocacy).
Biography: Recognized in "The Best Lawyers in America", 2000-2008; Chambers USA
America's Leading Lawyers, 2004-2008. Honored: "Best Lawyer in Miami," Miami New
Times 2000; "Lawyers of the Year" by the National Law Journal (2000); "Top Lawyers
in South Florida" by the South Florida Legal Guide, 2000-2007; ''Top Lawyer" Miami
City Guide, 2002; "Florida's Top Lawyers," Florida Monthly, 2003-2004; "Florida Legal
Elite," Florida Trend, 2003-2007. Criminal Justice Lawyer of the Year 2000, Dade
County Bar Association. Recipient, Pearson-Prebish Founders Award, Florida
Association of Criminal Defense Lawyers, 2008. Iron Arrow Honor Society. Member,
Bar and Gavel (1977 Outstanding Graduating Senior). Member, Moot Court Board.
Editor, University of Miami InterAmerican Law Review, 1975-1977. Author: "Protecting
the Privilege in the Corporate Setting: Conducting and Defending Corporate
Investigations," 9 St. Thomas Law Review 651 (1997); "The Law of Entrapment and
Governmental Overreaching," White Collar Crime, Law Journal Seminars-Press, 1998;
"Legends of the Law," 15 Florida Defender, Fall 2003; "The Feeny Frenzy: A Case
Study in Actions and Reactions in the Politics of Sentencing," 16 Federal Sentencing
Reporter 114 (2003); "Supremely Speaking: A Blast From the Past as the Court
Completes its 1999-2000 Term," 12 Florida Defender, Winter 2000; "Supremely
Speaking: Honey, I Shrunk the Fourth Amendment," 12 Florida Defender, Spring 2000;
"Substantial Assistance Departures: A New, Equal Opportunity Model," 10 Florida
Defender, Winter 1998; Federal Criminal Appellate Update: Emerging Developments for
the Criminal Law Practitioner," Journal of Appellate Practice & Advocacy, 1998;
"Lawyers As Targets," 5 Money Laundering Law Report, June, 1995; "Criminal Law
and Procedure: 1993 Survey of Florida Developments," 18 Nova Law Review 236 (Dec.
1993); "Immigration Primer for the Criminal Defense Lawyer," 59 Florida Bar Journal
60, April 1985. Adjunct Instructor, University of Miami School of Law, 1986-1989.
Instructor, Criminal Justice, Art Law, Miami Dade Community College, 1987-1988.
Lecturer and Author: "Critical Issues of Voter Procedures & Protection," University of
Miami Election Law Symposium, 2005; Seminar, "Amicus Curiae Representation,"
Florida Bar Appellate Section, 2004; "Attorney's Fees: Getting Paid, Keeping Your
Ticket, and Staying Out of Jail; Implications of the Patriot Act," ABA and University of
Miami School of Law, 2003; "Supremely Speaking: Predictability Takes a Walk," 15 Fla.
Defender 43 (2003); "Protecting Fees from Forfeiture," Criminal Justice Ethics
Symposium University of Miami, 2003; "Media Management in the High Profile Case,"
Advanced Federal Criminal Practice Seminar, Florida Bar, 2003; "Trying a Case in Ten
Days: The Presidential Recount Litigation," 2001 and 2002 Legal Works Conference;
"Representing Your Client in the Environmental Crime Investigation," 1999
Environmental Crimes Seminar; 1997 St. Thomas Law School Criminal Symposium,
"Current Trends in Criminal Law: Privilege and Confidential Relationships in the
Business Setting"; "Internal Investigations," 1995 White Collar Crime Seminar; "Health
Care Fraud: A Primer," 1995 Health Law Seminar; "Qui Tam Lawsuits," 1993 National
Institute on Health Care Fraud, American Bar Association 1993; "Interception of Wire
Communications: A Defense Lawyer's Perspective," Center for Advanced Law
Enforcement Studies, Florida Dept. of Law Enforcement, 1990-1993. Television Host,
"You Be the Judge: Bail & Pretrial Release," WLRN, 1998. National Counsel to Vice
President Gore in Presidential Recount Litigation, 2000; General Counsel, South Florida
AFL-CIO 2007 -Special Counsel: City of Miami Mayor, 1998-2000; Florida Attomey
General, 1996-1998. Assistant Attorney General, Office of the Florida Attorney General,
1977-1980. Special Assistant State Attorney, Palm Beach County, 1977-1979; U.S.
Department of Justice and U.S. Attorney's Office for the Southern District of Florida,
1976-1977. Member, Board of Trustees, University of Miami, 1994-1997. President,
1991-1992, University of Miami Law Alumni Association (1985 and 1998 Thomas
Davison Service Award). National President, 1995-1996, University of Miami Alumni
Association. General Counsel, Florida Young Democrats, 1984-1986. Deputy Counsel,
Florida Democratic Party, 1988-1992. Leadership Florida, Class VII. Director, Legal
Services of Greater Miami, 1992-1998. Board Certified, Criminal Trial Advocacy,
National Board of Trial Advocacy. Certified Fraud Examiner, Association of Certified
Fraud Examiners. Fellow: The Florida Bar Foundation.
Born: Merced, California, March 24, 1954
Cases: Bush v. Gore, 531 U.S. 98,121 S.Ct. 525 (2000); Gore v. Harris, 772 So.2d
1243 (Fla. 2000); Diaz de la Portilla v. FEC, 857 So.2d 913(Fla. 3d DCA 2003); State v.
Steadman, 827 So.2d 1022 (Fla.3d DCA 2002); Biovail Corp. Int'l. v. Andrx
Pharmaceuticals, Inc., 239 F.3d 1297 (Fed. Cir. 2000); United States v. Brown,79 F.3d
1550 (11 th Cir. 1996); In the Matter of the Protest of Election Returns,707 So.2d 1170
(Fla. 3d DCA 1998); Godix Export Equipment Corp. v. Caterpillar Inc.,948 F. Supp.
1570 (S.D.Fla. 1986); Mitro v. State,682 So.2d 303 (Fla. 3DCA 1996); State v.
Griffith,561 So. 2d 528 (Fla. 1990); United States v. Monsanto,109 S. Ct. 2657 (1989)
(amicus brief); In re Duque,134 B.A. 679 (1991).
MIAMI-DADE CO:MMISSION ON ETHICS & PUBLIC TRUST .. : . '_ .... '--.
19 west Flaglm St., Suite 820.M:iami.FL 33130 "1<' :,,;.-.', . ~. C
Tel. 305.579.2594 Facs:imilc3OS.579 .. 0273 '-·-·:.[·.:.·~.;:;I[.N t:!-i ETHICS ;iJ~·.·-··;:1i ~TRUST .
COMPLAINT FORM
L COMPLAINANT (pERSON BRINGING COMPLAINT) Add pages, ifnecessary
2018 J~N 30 AM 10: 13
C \ « -0'< -ot
A.ddress: ---=1=6=61=D=SW===82nd~:-Court=====-=-==PitY:Palmetto Bay, FL Z_ip_Co_de-=-_33-_-15=-7-_-----==~ __ _
1B6-.252-09J.8-Cell
E-mail: stcody<N:epbencody:COID
2. RESPONDENT (PERSON AGAINST WHOM COMPLAINT IS MADE) Add pages, (necessary
. Philip Stoddard Name:
Address: _61_3_o_Suns __ et_Dt_. _______ City South Miami, FL Zip Code 33143
Contact No(s): Specify Home, Won &:lor Cell 30~40 Office
Title/Office Held CJ1' Sought: Mayor
....!.... Per.PD lu CIty Gfvet'JJJlUm.t. Spl!Cify am South. Miami, FL
---~blrJwer-.taliatjon ---medioDs-£-ampaigltPntcd&:eI'fkfeIJ~rw-eJ,P.1fIIlIBil-.--·-
pru&lIlIL We oBly aa:ept PaJIIIIlIIt by check. credit eanl or lDDDey order')
Note: The Etldcs CommjniOD does not have j~etion over State or Federal omeialB, Judges or employees or the
Miami-Dacle Cmmty SdaooI Board.
4. ~'J;'4-~OF¥Ac:rs~ ON~~()~~.
In a separate attachment, please describe in detail1he facts and B.Ptions that form the basis of your complajnt.
including dates when the action(S) occm:red. Also, attach any relevant doCUIIlCll1E as well as names and contact
infimnation ofwit:oeasos or other penons who may have knowlodge about the actions. If~ indicate the
section oftbe ordinance you believe is being violated. For furt:1l« iDstructions and procedures, see Page 2 of this
farm.
5. OATH
1, the pemon bringing this ~ do depose
Pll pdt or aflirmation aDd. say that the facts set
forth in the foregoing complaint & atmcbments
are true and correct, to the best of my knowledge
• I •
STATE OF FLORIDA'
COUNTYOF ______________ ~~_
By __ ~~~~~~------------
FLORIDA JURAT
FS 117.05
lL8U888§!O!
---... ___ ~te of Florida -··-...... k--d;-·t----·--··----· .-----.-
CouliE; of /'t'1Mni ~ =f=
SHEILA GONZALEZ VERA .
Place Notary Seal Stamp Above
Sworn to (or affirmed) and subscribed before me this
'dc2/'i
Year
Signature ..r::.l£.l'lora. c -state of Florida
o ~onally Known
gProduced Identification
Type of Identification Produced: £1 D n~
e 32?::i9'3-Sz -(;1:16-0
.--------------------------opnONAL--------------------------~
Completing this Information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document
Description of Attached Document
Title or Type of Document t'Ylkd -~ Clam; S.Si Ch On e~ ~ebl,'c in!.
Document Dab!: VZG/I'l Number of Pages: . ~
Signer(s) Other Than Named Above: _______________________________ _
02017 National Notary Association
M1304-10 (09/17)
2. RESPONDENT (Person against ~hom ~omplaint is made)
N.ame: Thomas F. Pepe
Address: 6130 Sunset Dr., South Miami, FL 33143
Contact Number: 305-el,7-256"4 -----------------------------------
4: STATBMHNT OF FACTS (BASED UPON PRR.SONAL KNOWLEDGE)
I attended the aty of South Miami ety Commission Meeting on January 16,2018. I signed up
as the first speaker. Although I am the head of a PC, A Better Miami-Dade, I was appearing as
an individual When I .approaclled the microphone, Mayor Phil Sto.dd.ard stopped me before I
could say more fum a handful of words. He asked me about my association with A Better
Miami-Dade County. Stoddard then asked one of the Qty's personnel if I had registered as a
lobbyist. When he was infomted that I lwl not, he would not let me speak. I did tell him that I
was there as a private citizen. Mayor Stoddard then asked Thomas Pepe, the aty Attorney, for
an opinion. After first insulting me, Mr. Pepe stated that I could not speak without being
registered. The my of South Miami videos its mee.ting.s and the video will bark up this.
statement of facts.
I had intended to speak about how the aty's mishandling of the firing of iii farmer police chief,
---~a""rlaIhanl:d.o-Martinez "de-eastro:ted-brMayor-PhlIiip"""Stoddard; the bimgl~d !fforrwnt now coSE-------
the city $435,000. A judgment was entered in that amoun~ together with an award of attorneys'
.fees, costs and interest Led by the Mayor, the aty took an appeal, which the 0Jy also lost. The
result? More attorney's fees, interests, and. costs. The aty will be paying the ex-Otief and. his
attorneys and the Ciiy's attorneys almost $1 million.
The County Otarter provides, inrelevant part:
Right to be heard. So far as the ordsdy conduct of pubJk busine$$
permits, my :interested person has the right to appear before the
Commission or any municipal Board or agency, or department £or
. the presentation, adjustment or detecnination of missJJe, request
or controversy within the jurisdiction of the governmental entity
inwlved. ...
That same language is quoted. in the beginning of the South Miami Charler. Both Stoddard and
Pepe should have been aware the their actions were in violation of the County and aty
Oimm.
The actions of both Mayor Stoddard and aty Attomey Pepe resulted in my being denied by
right :to be beard. This Commis.sionhas jurisdiction to hear this complaint