96-21879 RESO
RESOLUTION NO. 96-21879
A RESOLUTION OF THE MAYOR AND
CITY COMMISSION OF THE CITY OF
MIAMI BEACH AUTHORIZING PAYMENT
OF FORMER CITY ATTORNEY LAURENCE
FEINGOLD AND FORMER CITY MANAGER
ROGER CARLTON'S ATTORNEY'S FEES IN
AN AMOUNT NOT TO EXCEED $3,600 IN
CONNECTION WITH EISENBERG VS.
HOLTZMAN. KRINZMAN ET AL. ELEVENTH
CIRCUIT COURT CASE NO. 95-00364 (CAB).
WHEREAS, in connection with allegations plead in Eisenberg vs. Holtzman. Krinzman et
aI, Eleventh Circuit Court Case No. 95-00364 (CA13), former City Attorney Laurence Feingold and
former City Manager Roger Carlton retained legal counsel to represent them with regards to
Plaintiffs' allegations concerning their involvement in the City of Miami Beach Redevelopment
Agency's acquisition of the Sands/New Yorker Hotel; and
WHEREAS, the Eisenberg lawsuit was dismissed by the Court on January 8, 1996 and a
State Attorney's investigation concerning the subject allegations closed with a finding that neither
Feingold nor Carlton had committed any wrongdoing; and
WHEREAS, as evidenced by the attached invoices of Mitrani, Rynor & Gallegos, P.A. and
Bierman, Shohat, Loewy & Perry, P.A., (Composite Exhibit "A") a total of $3,666.25 is due and
owing legal counsel; and
WHEREAS, the Miami Beach City Commission hereby determines that the acts of former
City Attorney Laurence Feingold and former City Manager Roger Carlton which were the subject
of allegations against said individuals in connection with Eisenberg vs. Holtzman. Krinzman et al.
arose from performance of their official duties and that those acts served a public purpose, and thus
hereby authorizes the payment of attorneys fees incurred in defense of said actions at a total sum not
to exceed $3,600 -- the City Attorney is directed to contact subject outside counsel for purposes of
reducing fees accordingly.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that it hereby determines that
the acts of former City Attorney Laurence Feingold and former City Manager Roger Carlton in
connection with the Miami Beach Redevelopment Agency's acquisition of the Sands/New Yorker
Hotel (which actions were the subject of allegations plead against Feingold and Carlton in
connection with Eisenberg vs. Holtzman. Krinzman. Equels. Sigars & Furia. P.A., Case No. 95-
00364 (CA13)), arose from performance of their official duties and those actions served a public
purpose. Be it further resolved that payment of Messrs. Feingold and Carlton's attorney's fees is
hereby authorized at a sum not to exceed $3,600 and the City Attorney is directed to contact subject
outside counsel for purposes of reducing fees accordingly.
PASSED and ADOPTED this 24th day of
MAYOR
ATTEST:
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CITY CLERK
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FORM APPROVED
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Date ~~L:1~.~.
2
LAW OFFICES
CONALO I. el~RMAN
EDWARD R. SHOHAT
IRA N. LOEWY
PAMELA I. PERRY
MARIA BEGUIRISTAIN SHOHAT
BIERMAN, SHOHAT, LOEWY & PERRY, P.A.
PENTHOUSE TWO
800 BRICKELL AVENUE
MIA..~I, FLORIDA 33131-2944
TELEPHONE
(305) 358-7000 (DADE)
(305) 763-2611 (BROWARD)
F'AX 358 -4010
November 29, 1995
Roger Carlton
Larry Feingold
RE: State Sands/New Yorker Investiqation
STATEMENT OF ACCOUNT
Minimum Retainer against hourly
$3,500.00
Hours expended to date:
TOTAL AMOUNT DUE:
$2,695.00
S 625.00
$3,320.00
..1$i., 5~0 :O(f'=~(j~~~
~,~......;:...' .
ERS 7.70 hours at $350/hr.
PIP 2.5 hours at $250/hr.
Total billing at hourly rates:
.
...--..,
'..
COMPOSITE EXHIBIT "A"
~C'M lti-'&nf;<M'"R;'nor . 0& 11 eaos.
One S.E. Third Avenue
Suite .2200
Miami. FL 33131
(305) 358-0050
Lawrence Feingold, Esquire
301 41Street
APT. 502
Miami Beach, FL 33140
Invoice Number
96010180
lnvoice Date: 01/18/96
Client RefeTence: FEIN/EIS
Case Reference: 6179
Re; civil: Eisenbetg v. Holtzman et. al 95-00364 CA 13
This replaces invoice #95120Q38
---
DATE
ATTORNEY
SERVICES RENDERED
HOURS
08/25/95 IJM
08/25/95 LHC
Review memorandum
0.25
Telephone conferences with Bob
Dixon at city attorney's office and
Larry Feingold regarding
introduction to the' case; pcepare
notes of the interview.
0.45
09/21/95 IJM
Telephone conference with client
regarding status
0.25
~
Total Services
0.95
$
166.25
Total Invoice $
166.25
ATTORNEY SUMMARY:
STAFF NAME
Loren H. Cohen
Isaac J. Mitrani
TOTALS
HOURS
0.45'
0.50
0.95
RATE
175.00
175.00
AMOUNT
78.75
87.50
166.25
ACCOUNT SUMMARY:
Above Fees
Balance OWing
$
166.25
166.25
OFFICE OF THE CITY A TTOANEY
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MVRRA Y H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. Lj ~-1l,
DATE: JANUARY 24,1996
TO: MAYOR SEYMOUR GELBER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JOSE GARCIA-PEDROSA
FROM: MURRAY H. DUBBIN /Jji."AIIJ,/f ~
CITY ATTORNEY . 'vvvvo-/
SUBJECT: REIMBURSEMENT OF PUBLIC OFFICIALS' ATTORNEY'S FEES
Requests have been made for the reimbursement of two separate outside counsel fees I
incurred in the representation of former City Attorney Laurence Feingold and former City Manager
Roger Carlton in connection with issues raised in litigation styled Rod Eisenberg v. Holtzman.
Krinzman. Equels. Sigars & Furia. P.A.. etc.. et aI., Case No. 95-00364 (CA13). In Eisenberg.
Plaintiffs alleged that the City of Miami Beach had unlawfully prevented Rod Eisenberg from
successfully bidding on the City of Miami Beach Request For Proposal for lease of the first floor
premises of old City HalI.2 During the initial stage of this litigation, Plaintiffs' scheduled City
Attorney Feingold for a deposition -- the lawfirm of Mitrani Rynor and Gallegos was hired by Mr.
Feingold to represent him at this deposition. Although the deposition notice was subsequently
quashed, Mitrani Rynor and Gallegos, P.A. devoted one hour in this matter resulting in an
outstanding fee of $166.25.
1 Attorney's bills are attached hereto as Composite Exhibit "A".
2 On January 8, 1996, the Court in Eisenberg entered an Order dismissing this case.
AGE N DA
ITEM
DATE
KtI
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1700 Convention Center Drive - Fourth~aor - Miam
Subsequently, Attorney Edward Shohat of Bierman, Shohat Loewy & Perry, P.A.wasjointly
retained by former City Attorney Feingold and former City Manager Roger Carlton concerning the
State Attorney's Office investigation of said public officials in connection with Rod Eisenberg's
allegations in the City of Miami Beach Redevelopment Agency's acquisition of the Sandsl New
Yorker Hotel. The State Attorney determined neither Feingold or Carlton to have been guilty of any
violations of the law and has closed such investigations. A fee of $3,500 for Attorney Shohat's
services remains outstanding.
It appears that allegations plead in Eisenberg, as well as allegations in the State Attorney's
investigation, both stem from actions arising out of Feingold and Carlton's performance of their
official duties concerning the Redevelopment Agency's purchase of the Sands/New Yorker Hotel,
which actions served a public purpose culminating in the Agency's acquisition thereof.
Common law principles hold that public officials are entitled to a defense at the expense of
the public in defending against unfounded allegations of official misconduct arising from
performance of official duties and while serving a public purpose. The Miami Beach City
Commission must determine whether the subject acts of former City Attorney Laurence Feingold
and former City Manager Roger Carlton arose from performance of their duties and whether those
acts served a public purpose; in the event the City Commission makes such findings, common law
principles will have been met substantiating public payment of the defense - in this regard an
appropriate Resolution has been prepared and is attached hereto.
JK 0: scf: 6. OJ ean "E "\attyfees. em
OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO.
DATE: JANUARY 24,1996
TO: MAYOR SEYMOUR GELBER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JOSE GARCIA-PEDROSA
FROM: MURRAYH.DUBBIN t1J.hJM4II~
CITY ATTORNEY . ,,,VYV- -/
SUBJECT: REIMBURSEMENT OF PUBLIC OFFICIALS' ATTORNEY'S FEES
Requests have been made for the reimbursement of two separate outside counsel feesl
incurred in the representation of former City Attorney Laurence Feingold and former City Manager
Roger Carlton in connection with issues raised in litigation styled Rod Eisenberg v. Holtzman.
Krinzman. Equels. Sigars & Furia. P.A.. etc.. et aI., Case No. 95-00364 (CA13). In Eisenberg.
Plaintiffs alleged that the 9ity of Miami Beach had unlawfully prevented Rod Eisenberg from
successfully bidding on the City of Miami Beach Request For Proposal for lease of the first floor
premises of old City HalI.2 During the initial stage of this litigation, Plaintiffs' scheduled City
Attorney Feingold for a deposition -- the lawfirm of Mitrani Rynor and Gallegos was hired by Mr.
Feingold to represent him at this deposition. Although the deposition notice was subsequently
quashed, Mitrani Rynor and Gallegos, P .A. devoted one hour in this matter resulting in an
outstanding fee of $166.25.
1 Attorney's bills are attached hereto as Composite Exhibit "A".
2 On January 8, 1996, the Court in Eisenberg entered an Order dismissing this case.
1700 Convention Center Drive - Fourth Floor - Miami Beach, Florida 33139
Subsequently, Attorney Edward Shohat of Bierman, Shohat Loewy & Perry, P.A.wasjointly
retained by former City Attorney Feingold and former City Manager Roger Carlton concerning the
State Attorney's Office investigation of said public officials in connection with Rod Eisenberg's
allegations in the City of Miami Beach Redevelopment Agency's acquisition of the Sands/ New
Yorker Hotel. The State Attorney determined neither Feingold or Carlton to have been guilty of any
violations of the law and has closed such investigations. A fee of $3,500 for Attorney Shohat's
services remains outstanding.
It appears that allegations plead in Eisenberg, as well as allegations in the State Attorney's
investigation, both stem from actions arising out of Feingold and Carlton's performance of their
official duties concerning the Redevelopment Agency's purchase of the Sands/New Yorker Hotel,
which actions served a public purpose culminating in the Agency's acquisition thereof.
Common law principles hold that public officials are entitled to a defense at the expense of
the public in defending against unfounded allegations of official misconduct arising from
performance of official duties and while serving a public purpose. The Miami Beach City
Commission must determine whether the subject acts of former City Attorney Laurence Feingold
and former City Manager Roger Carlton arose from performance of their duties and whether those
acts served a public purpose; in the event the City Commission makes such findings, common law
principles will have been met substantiating public payment of the defense - in this regard an
appropriate Resolution has been prepared and is attached hereto.
JKO:scf:6.0Jean "E"\attyfees.cm
OFFICE OF THE CITY ATTORNEY. 1700 CONVENTION CENTER DRIVE. MIAMI BEACH, FLORIDA 33139