LTC 600-2018 Settlement tof Miami Design Preservation League Litigation (Update to LTC No. 582-2018) MIAMI BEACH
OFFICE OF THE CITY ATTORNEY LETTER TO COMMISSION
LTC No. # 600-2018
TO: Mayor Dan Gelber and Members of the C;ity commission
FROM: Raul J. Aguila, City Attorney / ,A41 1-
cc: Jimmy L. Morales, City Manager
Rafael E. Granado, City Clerk
DATE: November 13, 2018
SUBJECT: Settlement of Miami Design Preservation League Litigation
(Update to LTC No. 582-2018)
Following a contested election for the Miami Design Preservation League's ("MDPL") 2018-19
Board of Directors. MDPL filed a complaint on July 3, 2018, in the Circuit Court for the Eleventh
Judicial Circuit, seeking declaratory and injunctive relief against Daniel Ciraldo, MDPL's
Executive Director.'
On October 31, 2018, I advised the City Commission that, on October 19, 2018, the Court
denied Plaintiff MDPL's Emergency Motion for Temporary Injunction. As a result, Mr. Ciraldo
continues to serve as MDPL's Executive Director and, accordingly, may once again lobby the
City Commission and land development boards on behalf of MDPL, provided that he registers
as a lobbyist with the Office of the City Clerk. See LTC No. 582-2018, attached hereto.
Following a mediation conducted on November 8, 2018, the parties to the litigation entered into
a Mediation Settlement Agreement, settling their dispute as to the election for MDPL's Board of
Directors, and agreeing to dismiss both the initial Circuit Court action and the Petition for Writ of
Quo Warranto.
Pursuant to the Mediation Settlement Agreement, MDPL's 2018-19 Board of Directors consists
of the following individuals:
Jack Johnson, Chair Ira Giller
Joel Levine, Vice Chair Michael Kinerk
Sarah Leddick, Vice Chair Henry Lares
Clotilde Luce, Vice Chair Nancy Liebman
Jack Finglass, Secretary Franziska Medina
Mitch Novick, Treasurer Kirk Paskal
Tanya Bhatt Michael Raynes
Marcella Paz Cohen Nina Weber Worth
Timothy DuPont
Please do not hesitate to contact me if you have any questions.
' The Plaintiff in the Circuit Court action, identified as Miami Design Preservation League, Inc.,
represented the putative Board of Directors led by Steve Pynes.
M I AMI BEACH
OFFICE OF THE CITY ATTORNEY LETTER TO COMMISSION
LTC No. # 582-2018
TO: Mayor Dan Gelber and Members of the City Commission
FROM: Raul J. Aguila, City Attorney
cc: Jimmy L. Morales, City Manager
Rafael E. Granado, City Clerk
DATE: October 31, 2018
SUBJECT: Miami Design Preservation League
On July 3, 2018, Miami Design Preservation League, Inc. ("MDPL" or "Plaintiff')' filed a
complaint in the Circuit Court for the Eleventh Judicial Circuit, seeking declaratory and injunctive
relief against Daniel Ciraldo, the Executive Director of MDPL. The complaint requests, in
pertinent part, (1) "a judicial declaration as to [Plaintiff's] right to suspend [Mr. Ciraldo], and his
status and authority while suspended, and of the rights and privileges of the Board of Directors
to manage the affairs of MDPL"; and (2) injunctive relief against Mr. Ciraldo (11th Judicial Circuit
Case No. 2018-22070-CA-04). The Plaintiff concurrently filed an Emergency Motion for
Temporary Injunction, which the Court granted, in part, on July 6, 2018. •
On October 19, 2018, the Court entered an Order denying Plaintiff's Emergency Motion for
Temporary Injunction. As a result, Mr. Ciraldo continues to serve as MDPL's Executive Director
and, accordingly, may once again lobby the City Commission and land development boards on
behalf of MDPL, provided that he registers as a lobbyist with the Office of the City Clerk.2
Though the Motion for Temporary Injunction was denied, the Circuit Court case remains
pending, which means that the dispute over the election for MDPL's Board of Directors has not
yet been resolved. Additionally, on August 19, 2018, Plaintiffs Jack Johnson and Clotilde Luce,
as members, directors, and officers of MDPL, filed a Petition for Writ of Quo Warranto against
Steven Pynes, Russell Lee, Lori Bakkum, and Stacy Kilroy (11th Judicial Circuit Case No. 2018-
28176-CA-04). The two Circuit Court actions have been consolidated, in part.
Given that these matters (including the underlying dispute over the results of the election) •
remain pending, I recommend that the City Administration continue to obtain the consent of both
putative Boards of Directors prior to the City entering into any agreements or other binding
commitments with MDPL.
A copy of the Order denying Plaintiff's Emergency Motion for Temporary Injunction is attached
to this Letter to Commission. Please do not hesitate to contact me if you have any questions.
The underlying dispute in this case arises, in part, from a contested election for MDPL's Board of
Directors. The Plaintiff in the Circuit Court action, identified as Miami Design Preservation League, Inc.,
represents the putative Board of Directors led by Steve Pynes. (The other putative Board of Directors is
led by Jack Johnson.)
2 Subsequent to the filing of the litigation, Mr. Ciraldo has appeared before the City on his own behalf, and
not as a representative of MDPL.