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09-01-09 Item 25a5 1 RESOLUTION NO. 2 3 4 A RESOLUTION OF THE MAYOR AND CITY COMMISSION 5 OF THE CITY OF SOUTH MIAMI, FLORIDA, APPOINTING 6 THE LAW FIRM OF TO SERVE AS 7 SPECIAL COUNSEL FOR THE CITY COMMISSION IN THE 8 MATTER OF W. AJIBOLA BALOGUN V. CITY OF SOUTH 9 MIAMI, CASE NO. 09 -43364 CA 01; APPROVING CONTRACT 10 FOR SPECIAL COUNSEL LEGAL SERVICES PROVIDED BY 11 SPECIAL COUNSEL FIRM; PROVIDING AN EFFECTIVE 12 DATE. 13 14 WHEREAS, Article II, Section 7, paragraph A(2) of the Charter of the City 15 of South Miami establishes the office of City Attorney; and, 16 17 WHEREAS, the City Attorney and Assistant City Attorneys are appointed 18 by and serve at the will and pleasure of the City Commission; and 19 20 WHEREAS, the matter of W. Ajibola Balogun v. City of South Miami, 21 Case No.: 09 -43363 CA 01 is a lawsuit by the City Manager against the City 22 Commission; and 23 24 WHEREAS, the City Attorney must work in a collegial matter with both 25 the City Manager and the City Commission; and 26 27 WHEREAS, the Mayor and City Commission believe it is in the best 28 interests of the City of South Miami to appoint special counsel. 29 30 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY 31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; 32 33 Section 1. The Mayor and City Commission of the City of South Miami 34 hereby appoint as Special Counsel and accept and approve the 35 attached contract from to provide Special Counsel 36 services until such time as the matter of W. Ajibola Balogun v. City of South 37 Miami, Case No.: 09 -43363 CA 01 is resolved. 38 39 Section 2. This resolution shall take effect at the end of this current 40 Commission meeting. 41 42 PASSED AND ADOPTED this day of 2009. Additions shown by underlining and deletions shown by everstr king. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ATTEST: CITY CLERK Office of City Attorney Page 2 of 2 APPROVED: COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Newman:. Commissioner Sellars: