HomeMy WebLinkAboutReso 2003-522
RESOLUTION NO. 2003-~::l.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, DIRECTING THE CITY ATTORNEY
TO RETAIN THE SERVICES OF MULLER MINTZ, LABOR AND
EMPLOYMENT ATTORNEYS AS OUTSIDE COUNSEL,
SPECIFICALLY TO HANDLE ANY LITIGATION THAT MAY ARISE
FROM THE DISMISSAL OF THE FORMER CITY CLERK AT AN
HOURLY RATE; AUTHORIZING THE CITY ATTORNEY AND THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO ASSIST IN
THIS LITIGATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach terminated the former City Clerk by
Resolution No. 2003-507; and
WHEREAS, the City was notified that legal counsel has been retained by the former
Clerk who threatened litigation in order to stave off such termination; and
WHEREAS, the City Attorney has determined that should this litigation come to fruition, it
has been determined, in the best interest of the City, to retain outside counsel specializing in labor
and employment matters;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Directive to City Attorney. The City Attorney is hereby directed to retain the
services 0 f Muller Mintz, I abor and employment attorneys, tor epresent the City 0 f S unny Isles
Beach in the matter of the termination of the former City Clerk at a special municipal hourly rate of
$175 per hour.
Section 2. Authorization to City Manager and City Attorney. The City Manager and the City
Attorney are hereby authorized to do all things necessary to assist in this litigation.
Section 3.
Effective Date. This Resolution becomes effective upon adoption.
, ,"
ATTEST:'
^., ' ;'
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Jane Hines, Acting City Clerk
, ,
Retention of Outside Counsel- Muller Mintz
LMD:ch -- 2/11/2003
Legislation/Resolution/ Attorney
1
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
Second by:
Co~ KA-UH='hlAN
CO~ -.j1J'-Sl~
Moved by:
VOTE:
Mayor Samson
Vice Mayor Edelcup
Commissioner Goodman
Commissioner Iglesias
Commissioner Kauffman
yes Vno_
yes V' no_
yes L/" no_
yes v no
yes Vno=
PASSEDffiENIED ~ to ~ ~gainst.
Retention of Outside Counsel- Muller Mintz
LMD:ch -- 2/11/2003
Legislation/Resolution/ Attorney
2
i � sr
F • F l O p'
C'rr Op SUN ',SO
City of Sunny Isles Beach
17070 Collins Avenue, Suite 250
Sunny Isles Beach, Florida 33160
(305) 947 -0606 City Hall
(305) 947 -2150 Building Department
(305) 949 -3113 Fax
MEMORANDUM
The Honorable City Commission
FROM: Lynn M. Dannheisser, City Attorney
03- fa "L.
City Commission
David Sansson, Maya
Norman S. Edelcup, Via Mayor
Gerry Goodman, Commivioner
Daniel Iglesiss, Commivioner
Lila Kauffman, CommLvioner
Christopher J. Russo, City Manager
Lvnn N1. Danoheimr, City Atiornry
Jane A. Hines Acting Ciry Clerk
DATE: February 20, 2003
RE: RESOLUTION TO RETAIN MULLER MINTZ AS OUTSIDE COUNSEL
RECOMMENDATION:
It is recommended that the City Commission approve the referenced Resolution.
REASON(S):
Prior to the City Clerk's termination on January 23, 2003, we were contacted by his attorney who
threatened litigation against the City. As a result, this office recommends the retention of the law
firm of Muller Mintz, specializing in labor and employment law litigation, to defend the City, if
necessary, on the terms and conditions contained in this Resolution. Muller Mintz has been our
outside labor counsel on an "as- needed" basis since incorporation and has always done an
excellentjob.
LMD:ch
Attachment
N
MULLER MINTZ
LABOR AND EMPLOYMENT ATTORNEYS
David V. Kornreich'
David C. Miller
Michael IN. Casey, III'
Jenna Rinehart Rassif'
James C. Crosland'
Debra M. Luhkin'
James S. Bramnick'
Chnstl A Shelton
Gordon D. Roger'
Jennifer M. Taylor
Carmen S. Johnson'
Leslie Miller Tomczak
Jefrrey E. Mandel'
David .4 Young
Denise ht.'reekin'
8ndgit M. DePietto
Paul T. Ryder, Jc
Ilan K. Green
Benton N. Wood'
J. Michael Marshall
Marlene Quintana Morales
'emm C3-el 0 m3'omc�la.
February 1, 2003
City of Sunny Isles Beach
17070 Collins Avenue
Suite 250
Sunny Isles Bch, FL 33160
Attention: Ms. Lynn M. Dannheisser
City Attorney
Re: City of Sunny Isles Beach #432000
Invoice No. 26897
DATE DESCRIPTION
01/21/03 Review documents / Brown
01/21/03 Telephone conference Dannheiser /
Brown
01/21/03 Analyze issues /City Clerk
01/21/03 Analyze issues / City clerk
01/22/03 Telephone conference Ottinot /
Brown
01/22/03 Telephone conference Davidson /
Brown
01/22/03 Review documents / Brown
01/22/03 Telephone conference Dannheisser
/ Brown
Of Counsel
Kelly Cheery Sulzberger
Ray C. Muller (1924 -1977)
Herbert B. Mintz (19241993)
Joseph A Caldwell (1923 -1996)
c'; /�U7
ATTY HOURS
JCC 0.70
JCC 0.40
JCC 1.20
DMH 0.30
JCC 0.30
JCC 0.30
JCC 0.60
JCC 0.30
Please mpty to Miami Office:
Muller Mintz, P.A.
Suite 3600 200 South Biscayne Boulevard Miami, Florida 33131 Miami 305- 358 -5500 Broward 954 -522 -0393 Facsimile 305- 379 -3802
Suite 1525 255 South Orange Avenue Orlando, Florida 32801 Telephone 407 -843 -1400 Facsimile 407- 843 -1410
p .mullennintz.com
City of Sunny Isles Beach
February 1, 2003
Page 2
01/22/03
Review
documents from client /
CSJ
City Clerk
01/22/03
Draft
correspondence / City Clerk
CSJ
01/23/03
Review
documents / Brown
JCC
01/23/03
Attend
commission hearing / Brown
JCC
01/30/03
Review
correspondence / Brown
JCC
DATE
01/21/03
01/22/03
01/23/03
01/23/03
01/23/03
C1/23/03
01/29/03
TOTAL FEES
EXPENSES
Photocopies
Photocopies
Photocopies
Telecopier Costs
Telecopier Costs
Postage
Photocopies
0.30
0.50
2.40
0.40
$ 1,134.00
P.1101 0180M
4.40
3.80
1.20
1.50
2.00
i.06
1.00
City of Sunny Isles Beach
February 1, 2003
Page 3
TOTAL DISBURSEMENTS
TOTAL THIS STATEMENT
BUSINESSES THAT MAKE PAYMENTS TO ATTORNEYS
ARE REQUIRED TO REPORT PAYMENTS TO THE IRS.
OUR TAX ID NUMBER IS 59- 1448153.
$ 14.96
$ 1,148.96
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