2002-24738 Reso
RESOLUTION NO. 2002-23738
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, RELATING TO INDEMNIFICATION
OF LEGAL EXPENSES TOTALING $1,500.00 INCURRED BY MIAMI
BEACH ASSISTANT CITY MANAGER MAYRA DIAZ BUTTACAVOLI
FOR HER RETENTION OF LEGAL COUNSEL CONCERNING A MIAMI-
DADE COUNTY STATE ATTORNEY'S OFFICE INVESTIGATION OF A
TIDRD PARTY CONCERNING THE TELECOMMUNICATIONS
SERVICES AT THE MIAMI BEACH CONVENTION CENTER AND
JACKIE GLEASON THEATER OF THE PERFORMING ARTS WlDCH MS.
BUTTACAVOLI OVERSEES AS ASSIST ANT CITY MANAGER;
RECITING FINDINGS SUPPORTING SAID INDEMNIFICATION.
I
WHEREAS, the Miami-Dade County State Attorney's Office has investigated a third party
concerning the telecommunications services at the Miami Beach Convention Center and Jackie
Gleason Theater of the Performing Arts which Ms. Buttacavoli oversees as Assistant City Manager;
and
WHEREAS, Ms. Buttacavoli has retained Attorney Robert Hertzberg to represent her in the
subject State Attorney's investigation, and has incurred $1,500.00 in attorney's fees -- Attorney
Hertzberg has submitted to Ms. Buttacavoli his invoice representing outstanding legal expenses in
the amount of$I,500.00 (Exhibit "A" attached hereto); and
WHEREAS, the City Commission finds that the investigation at issue related to a subject
matter which arose out of or in connection with the performance of Assistant City Manager Diaz
Buttacavoli's official duties and that the acts relating thereto served a valid public purpose; and
WHEREAS, the City Attorney has advised the City Commission that the legal expenses
incurred by Ms. Buttacavoli were necessary and reasonable.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that:
1. Miami Beach Assistant City Manager Mayra Diaz Buttacavoli retained Robert
Hertzberg, P.A. to represent her interests in a Miami-Dade County State Attorney's investigation of
a third party concerning the telecommunications services at the Miami Beach Convention Center and
Jackie Gleason Theater of the Performing Arts which Ms. Buttacavoli oversees as Assistant City
Manager;
2. The Miami-Dade County State Attorney's investigation related to a subject matter
which arose out of or in connection with the performance of Assistant City Manager Diaz
Buttacavoli's official duties, which duties served a valid public purpose; and
3. The legal expenses in the amount of$I,500.00 are reasonable and are thus approved
for indemnification to Assistant City Manager Diaz Buttacavoli.
PASSED and ADOPTED this 20th
ATTEST:
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CITY CLERK
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APPROVED ~ TO
FORM & LANGUAGE
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LAW OPFICES
ROBE:B.~ D. B:S:B.TZBEllG, P. A.
BANK OF AM EA IC<I. TOWER AT INTE"NATIONAL PLACE
100 SOUTHEAST SECOND STREET
SU ITE 3SI!l0
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TELI;..WONI: (305) 3? I .6060
TCLRCO"tl:~ (305) 3S8 .69'?
January 30, 2002
TO WHOM IT MAY CONCERN;
Re: Mayra Buttacovoli, Assistant City Manager
Enclosed you will find a bill for legal services performed in relation to a State Attorney's Office
investigation of telecommunication services at the Miami Beach Convention Center and Jackie Gleason
Theater which Mayra Buttacovoli oversees as Assistant City Manager.
This representation served a public purpose and was related to a dispute over the City Commission's
cancellation of a telecommunication contract. As a result of the cancellation, and certain actions taken
thereafter, the State Attorney's investigation commenced.
The participation of my finn as outside counsel was approved by the City Manager oftbe City of
Miami Beach. The investigation is presently inactive; however, it is conceivable that the matter may become
active at some point in the future. In such event, I am available to continue representation.
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EXHIBIT n An
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,
LAW OFFICES
ROBERT D. HERTZBERG, P.A.
NATIONSBANK AT INTERNATIONAL. PL.ACE
100 SOUTHEAST SECOND STREET
SU ITE 3550
MaxI, FLORIDA a31Bl
TELEPHONE (305) 371 - 6060
TELECOPIER (305) 358 - 5917
April 5, 2001
PERSONAL & CONFIDENTIAL
Mayra D. Buttacavoli
Assistant City Manager
CITY OF MIAMI BEACH
1700 Convention Center Drive
Fourth Floor
Miami Beach. FL 33139
OFFICE OF THE CITY ATTORNEY
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MURRAY H. DUB BIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM
DATE: FEBRUARY 20, 2002
TO:
MAYOR DAVID DERMER,
MEMBERS OF THE CI70 ISSION
MURRAY H. DUBBIN
CITY ATTORNEY M
INDEMNIFICATION OF LEGAL EXPENSES INCURRED BY ASSISTANT CITY
MANAGER MA YRA DIAZ BUTT ACA VOLI
FROM:
SUBJECT:
The attached resolution provides for the indemnification of legal expenses in the amount of
$1,500.00 to Miami Beach Assistant City Manager Mayra Diaz Buttacavoli for her retention of legal
counsel concerning an investigation by the Miami-Dade State Attorney's Office of a third party;
concerning the telecommunications services at the Miami Beach Convention Center and Jackie Gleason
Theater of the Performing Arts which Ms. Buttacavoli oversees as Assistant City Manager. In keeping
with the common law of the State of Florida, indemnification is appropriate given that Ms. Buttacavoli's
role as Assistant City Manager was integral to the State Attorney's investigation of such third party, which
conduct was in connection with the performance of her official duties and served a valid public purpose.
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Attachment
Agenda Item C 7!3
1700 Convention Center Drive - Fourth Floor -- Miami Bea Date :;. - JO-d2..