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HomeMy WebLinkAboutReso 2001-311 RESOLUTION NO. 2001--311 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, DIRECTING THE CITY MANAGER TO FILE A CLAIM WITH THE FLORIDA LEAGUE OF CITIES FOR REIMBURSEMENT OF LEGAL FEES AND COSTS INCURRED AS A RESULT OF THE INVESTIGATION CONDUCTED BY THE STATE ATTORNEY INASMUCH AS THE STATE ATTORNEY FOUND NO CRIMINAL ACTIVITY TO HAVE OCCURRED IN ITS FINAL REPORT; FURTHER ISSUING A FINDING BY THE COMMISSION THAT MAYOR DAVID SAMSON'S ACTIONS AROSE OUT OF THE PERFORMANCE OF HIS OFFICIAL DUTIES; PROVIDING A DETERMINATION THAT THE MAYOR IS ENTITLED TO REIMBURSEMENT OF FEES UNDER FLORIDA LAW; FURTHER AUTHORIZING THE CITY MANAGER TO REIMBURSE THE MAYOR FROM CITY FUNDS FOR ANY FEES AND COSTS INCURRED AS A RESULT OF THIS INVESTIGATION THAT ARE NOT COVERED BY THE CITY'S INSURANCE POLICY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at its regular meeting of July 16, 1998, the City Commission by voice motion established a Citizen's Advisory Committee ("Committee") for the Sunny Isles Beach Police Department; and WHEREAS, the members of the Committee elected Mayor David Samson as their Chairman; and WHEREAS, subsequent to the creation and actions of the Committee, the Mayor expended certain funds, and on behalf of, the Committee which were then questioned by a citizen of the City of Sunny Isles Beach; and WHEREAS, an investigation was undertaken by the State Attorney's Office to determine whether any criminal activity had taken place in connection with the creation and existence of the Citizen's Advisory Committee and the subsequent expenditure of funds; and WHEREAS, the State Attorney's office has completed its investigation and has now concluded that no criminal activity occurred during the period that Mayor Samson was Chairman of the Committee; and WHEREAS, the Mayor has expended legal fees and costs in an amount (approximately) of Eleven Thousand Dollars ($11,000.00), in connection with such investigation; NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Page 1 of2 Reimbursement Of Legal Fees & Expenses For Mayor Samson Res. Section 1. Commission Findings and Determination. (A) The City Commission hereby finds that the actions taken by Mayor Samson, as Chairman of the Citizen's Advisory Committee, arose out of, and in connection with, his official duties as acknowledged in the State Attorney's report. (B) The City Commission further finds that actions taken by the Mayor served a public purpose and were not for personal gain as acknowledged in the State Attorney's report. Accordingly, the Commission determines that the City is obligated to reimburse the Mayor for his legal expense under Florida law. Section 2. Directive to City Manager. The City Manager is hereby directed to file a claim with the Florida League of Cities for reimbursement of legal fees and costs incurred as a result of the investigation conducted by the State Attorney. Section 3. Authorization of City Manager. The City Manager is hereby authorized to reimburse the Mayor from the City funds for any fees and costs incurred as a result of the investigation that are not covered by the City's insurance policy. Section 4. Effective Date. This Resolution shall become effective ~ PASSED AND ADOPTED this 22nd day of February '" ATTEST: '- ~vL~~u.... Richard Brown-Morilla, City Clerk Moved by: Seconded by: ~~~~~~~S~y Vote: t4 -0- \ Mayor Samson L Abs-ta:.\-f"Ie.c:\ Vice Mayor Kauffman Commissioner Iglesias CommissionerMorrow Commissioner Turetsky _(Yes) ~Yes) _(Yes) v(Yes) ---.0Y es) _(No) _(No) _(No) _(No) _(No) Page 2 of2 Reimbursement Of Legal Fees & Expenses For Mayor Samson Res.