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HomeMy Public PortalAbout18-9522 Authorizing the Brown Law Group to Represent the City in John Riley vs the City of Opa-locka Sponsored by: City Attorney RESOLUTION NO. 18-9522 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE BROWN LAW GROUP, LLC, TO REPRESENT THE CITY OF OPA-LOCKA IN JOHN B. RILEY VS CITY OF OPA- LOCKA, FLORIDA ET. AL., CASE NUMBER 2018-017806 CA-01; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 19, 2018, the Plaintiff served the City of Opa-locka ("City") with a Complaint; and WHEREAS, the City Commission finds that it is in the best interest of the City to authorize The Brown Law Group, LLC to provide representation to the City in John B. Riley vs City of Opa-locka, Florida et. al., Case Number 2018-017806 CA-01. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION Pursuant to the agreement the City has with The Brown Law Group, LLC, the City Commission authorizes The Brown Law Group, LLC to represent the City in John B. Riley vs City of Opa-locka, Florida et. al., Case Number 2018-017806 CA-01. Section 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 25th day of July, 2018. Resolution No. 18-9522 .� ra L. Taylor Mayor Attest to: Approved as to form and legal sufficiency: Lf•a. La) Joaii a Flores THE BROWN LAW GROUP, LLC Cite Clerk City Attorney Moved by: VICE MAYOR KELLEY Seconded by: COMMISSIONER RILEY Commissioner Vote: 5-0 Commissioner Holmes: YES Commissioner Riley: YES Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: YES Filing # 72990771 E-Filed 06/02/2018 08:33:02 AM IN THE CIRCUIT COURT OF THE 11Th JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY CIRCUIT CIVIL DIVISION CASE NO 2018-017806-CA-01 (30) JOHN B. RILEY, Plaintiff, v. RICK SCOTT, as Governor of the State of Florida, ERIC W.MILLER, as Chief Inspector General, ANDREW R. COLLINS,as Financial Emergency Board Chair, ANGELA KNECHT, KIM MILLS, VERNITA NELSON, n `, itr J.D. PATTERSON, JR., ' �(� FRANK ROLLASON, ,a MARIE C. WALKER,and �� CHRISTIAN WEISS, as Board v Members, and the CITY OF OPA-LOCKA, FLORIDA, Defendants. SUMMONS THE STATE OF FLORIDA: To Each Sheriff of the State: YOU ARE COMMANDED to serve this summons and a copy of the complaint in this action on the CITY OF OPA-LOCKA, by serving: Myra Taylor,Mayor Opa-locka City Hall 780 Fisherman Street, 4`h Floor Opa-locka,FL 33054 Each defendant is required to serve written defenses to the complaint on Mr. John B. Riley, in propria persona, 2963 N.W. 135th Street, Opa-locka, FL 33054, within 20 (twenty) days after service of this summons on that defendant, exclusive of the day of service, and to file the original of the defenses with the clerk of this court either before service on the attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for the relief demanded in the complaint or petition. 8/12/2018 DATED: HARVEY RUVIN As Clerk of the Court By: catAgtet 1/L ''P ' qkt As Deputy Clerk \*coine4 2 Filing # 72717425 E-Filed 05/26/2018 02:41:27 PM IN THE CIRCUIT COURT OF THE l l JUI)ECIAI..CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY CIRCUIT CIVIL DIVISION CASE NO. JOHN B.RILEY, Plaint; v. RICK scorr,as Governor S of the State of Florida, ERIC W, MILLER,as Chief Inspector General, ANDREW R. COLLINS,as Financial Emergency Board Chair, ANGELA KNECHT, KIM MILLS, VERNITA NELSON, J.D.PATTERSON,JR., FRANK ROLLASON, MARIE C.WALKER,and CHRISTIAN WEISS,as Board I Members, and the CITY OF OPA-LOCKA, FLORIDA, Defendants. VERIFIED COMPLAINT Plaintiff John B. Riley, in propria persona, sues Defendants RICK SCOTT, as Governor of the State of Florida, ERIC W. MILLER, as Chief Inspector General, ANDREW R. COLLINS, as Financial Emergency Board Chair, ANGELA KNECHT, KIM MILLS, VERNITA NELSON J.D. PATTERSON, JR., FRANK ROLLASON, MARIE C. WALKER, and CHRISTIAN 'W1ISS, as Financial Emergency Board Members, and alleges: Jurisdiction and Venue I. This is an action for declaratory judgment and injunctive relief within the equity jurisdiction of this Court. 2. All acts and agreements hereinafter alleged occurred in Miami-Dade County,Florida. Parties 3. Rick Scott is the Governor of the State of Florida. 4. Eric W. Miller is the Chief Inspector General of the State of Florida. 5. Andrew R. Collins is the Chairperson of the Opa-locka Financial Emergency Board. 6. Angela Kneckt, Kim Mills, Vernita Nelson, J.13. Patterson, Jr., Frank Rollason, Marie C. Walker, and Christian Weiss comprise the remaining membership' of the Opa-locka Financial Emergency Board. 7. The City of Opa-locka is a chartered municipality located within Miami- Dade County,Florida. 8. Plaintiff is a City Commissioner of the City of Opa-locks. COUNT I. DECLARATORY JUDGMENT RE: EXPENSE REIMBURSEMENT 9. On June 8, 2016, the Governor and the City of Opa-locka entered into an Ageement titled "State and Local Agreement of Cooperation" whereby the parties agreed 2 to develop a five-year financial recovery plan and annual budgets, as authorized under §218.503,Fla. Stat. (2016).See Exhibit A.attached. 10. As a City Commissioner of the City of Opa-locka, Plaintiff is allowed pursuant to City Code an expense account as authorized by §112.061 of the Florida Statutes: Opa-locka Code Sec. 2-27. - Expense account for mayor and each city commissioner. The mayor and each city commissioner, in addition to the compensation pursuant to the Charter, and in addition to per diem and travelling expenses paid pursuant to Florida Statutes,section 112.061,may receive reimbursement of monies expended during each monthly period, not to exceed the sum of two hundred dollars ($200.00) per month, for monies paid for publications (subscriptions), dues, food and drink for dignitaries and public officials, cleaning, gasoline, transportation, communications and other similar and related expenses incurred in the performance of the duties of mayor and commissioner,provided: (a)A voucher, in a form prepared by the city manager, is executed by the mayor or commissioner submitting said voucher setting forth the nature of the expense and the purpose therefor. (b) Receipts are attached, if available, or estimates of gasoline based on mileage. (Code 1955, §2-11;Ord.No. 01-4. § 2,3-28-01) 11. Under the Opa-locka Code, municipal employees generally are entitled to per diem reimbursement as specified and authorized pursuant to section 112.061, Fla. Stat., for travel expenses. Section 2-31, Opa-locka Code. 12. Plaintiff has incurred such expenses in the performance of his official duties and has submitted the required voucher and supporting receipts or estimates supporting his request for reimbursement; however, Defendants, Financial Emergency Board members, have refused reimbursement. 3 13. Defendants' denial of reimbursement represents deprivation of Plaintiff's property without due process of law. 14. Plaintiff is interested in his rights to reimbursement and an actual, present and bona fide dispute exists as to his legal entitlement thereto.Plaintiff has a practical need for a judicial declaration in order to resolve the issue. Plaintiff is therefore entitled to a declaration of his rights to reimbursement for past and future expenditures advanced in order to fulfill official duties and to injunctive relief to enforce his rights under Chapter 86 of the Florida Statutes. WHEREFORE, Plaintiff requests this Court's declaratory judgment as to his rights to past and future reimbursement of statutorily authorized expenditures and requests injunctive relief to enforce his rights. COUNT IL DECLARATORY JUDGMENT RE:VEHICLE USE I S. As a City Commissioner of the City of Opa-locka, Plaintiff has been afforded use of city vehicles and fuel in the performance of official duties, as have the Mayor and other City Commissioners, in keeping with the City's custom and practice over the past thirty years. 16. Commission members must of necessity, especially during weather crises, use city vehicles to carry out official duties, oftentimes in conditions where personal vehicles could not be used. 17. Via letter served May 17, 2018, the Chief Inspector General, as designee of the Governor, instructed to the Opa•locka.City Manager to discontinue and disallow use of 4 city vehicles by the Mayor and City Commissioners.Authority for the directive is the State and Local Agreement of Cooperation Between the Governor and the City of Opa-locka executed June 8,2016,attached hereto as Exhibit A. 18. Said Agreement states no such express agreement that the Mayor and City Commissioners would be barred from use of city vehicles. 19. There is no statutory authority for said directive under section 21 8.503.FIa. Stat., or under any other statute. The Florida Constitution states in Article VIII, Section 2(b), municipalities: "Municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise power fbr municipal purposes except as otherwise provided by law." See The Municipal Home Rule Powers Act.. which is now codified in section 166.021 of the Florida Statutes. Specifically, section 166.021(1) provides in full: 166.021 Powers.---- (1) As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes,except when expressly prohibited by taw. (emphasis supplied). The City of Opa--locka is a chartered municipality in Miami-Dade County whose Charter establishes a commission-manager structure of government. The Opa-locka Commission establishes public policy on major expenditures and the City Manager carries out that policy under our direction. The City Manager answers to no one other than the City Commission. The Governor has no constitutional power to directly dictate management of 5 financial resources of the City. The City of Opa-locka has not ceded to the Governor its constitutionally protected autonomy. 20. This measure appears unprecedented. :Depriving elected officials of use of their city's vehicles has been not been imposed on those other cities under financial emergency oversight,now or in the past. 21. Notwithstanding said directive's lack of authority, eliminating use of city vehicles by the mayor and commissioners would have minimal impact on the City's budget, if any impact at all. The cost of gasoline used by all five elected officials in performing their official duties is de minimis. 22. Moreover, said measure would be counter-productive, The mayor and commissioners must attend civil functions and meetings with other lawmakers in order to effectively carry out their duties. All levels of government provide transportation to elected officials. Historically, Opa-locka has done for the past thirty years. Elected officials are sometimes required, of necessity, to use city vehicles for personal observation of streets and infrastructure, particularly in weather emergencies. The potential harm far outweighs any benefit. 23. Plaintiff is personally interested in, and affected by, the directive of the Chief Inspector General. A bona fide,present and actual controversy exists as to the scope of his authority under the statute and the Florida Constitution which is creating continuing conflict for which there is an immediate need of resolution,thereby warranting this Court's declaratory judgment as to Plaintiff's rights and injunctive relief to enforce those rights, 6 WHEREFORE, Plaintiff requests this Court's declaratory judgment as to his right to use city vehicles and fuel in the performance of official duties and requests injunctive relief to enforce his rights. COUNT III. DECI.A.RATURY JUDGMENT RE: SUSPENSION POWER 24. Plaintiff was duly elected to the office of City Commissioner of the City of Opa-locka on November 8,2016. 25. Via his letter served May 17, 2018, the Chief Inspector General, as the Governor's designee,threatened Plaintiff with suspension from office should he not agree to not use city vehicles. The letter cites as authority Article IV, Section 7. of the Florida Constitution. 26. Article IV, Section 7(c), provides the Governor may suspend "an elected municipal officer indicted for crime." The Governor has no power to suspend an elected municipal officer for any other reason. This constitutional provision prevails over section 218.503(6)of the Florida Statutes. 27. Plaintiff is personally interested in and affected by the directive of the Chief Inspector Creneral, and a bona fide, present and actual controversy exists as to the scope of their relative powers under the statute and the Florida Constitution, which is creating continuing conflict and for which there is an immediate need of resolution, thereby warranting this Court's declaratory judgment as to Plaintiff's rights and injunctive relief to enforce those rights. 7 WHEREFORE, Plaintiff requests this Court's declaratory judgment as to his constitutional rights against suspension from office and requests injunctive relief to enforce his rights. Verification Under penalties of perjury, .J declare that I have read the foregoing Verged Complaint and the facts states therein are true. 3 tin B. Riley, in propriaprsona 1963 N.W. 135th Street,/ Opa-locka,FL 33054 tel. 305-877-5386 jbr1009@bell south.net johnriley,6;c;icloud.corn 8 State and Local Agreement of Cooperation Between the Governor and the City of Opalocka THIS STATE AND LOCAL AGR::+ 1+,4 OP COOPERATION (the"A& mere),made and entered into this.; day of l»2016,between the Governor of the State of Florida("Gave/noel and the City of Opa ocke,Miami Dade County,Florida("`city'"},is in accordance with Executive Order Number 2016435. WHEREAS,an June 1,2016,the City adopted a Resolution requesting the Governor to make a determination that the City is in a state of financial emergency, pursuant to Chapter 218,Florida Statutes;and WHEREAS,the Governor is authorized under section 218.503,Florida Statutes, to implement measures to resolve the financial emergency;and WHEREAS,the City desires this intervention and assistance,and intends to cooperate with the Governor to resolve the financial emergency;and WHERE AS,the Governor has designated the Office of the Chief Inspector General('"Governor's Designee")to serve as the lead entity responsible for coordinating the Governor's efforts in providing intervention and assistance to the City. NOW,THEREFORE,the Governor and the City agree as follows: 1. FI'l+'E- AR FIt ANS1AL RECOVERY PLAN, a. On or before August 1,2016,the City shalt approve,by a vote of the Mayor and City Commission,and submit in writing to the Governor s Financial Recovery Plan("FRP")for fiscal years 2016-2017 through 2020. 2021. The PRP shalt show balanced recurring revenues and recurring expenditures,as well as estimated reserves,for each of the five years projected. The PRP shall meet the requirements of section 218.503(3)(h), Florida Statutes,including,but not limited to providing for payment in full of all financial obligations currently due,or which will come due. The underlying assumptions for ail revenue and expenditure estimates contained in the FRP shall be documented and included within the FRP. b. Within twenty(20)business days of receiving the FRP.the Governor shall review the FRP,and after consultation with the City.may direct changes to the FRP in writing. The Cary shall make such directed changes to the FRP within thirty(30)business days of being notified in writing by the Governor. Exhibit A The City may amend the FRP with the prior written approval of the Governor. The FRP may also be amended if the Governor determines such changes are required,or if this Agreement requires an amendment d. At the beginning of each new fiscal year,an additional fifth year*all be added to the FRP,and shall provide all types of information and data presented for the preceding years. Each revised FRP shall be approved by a vote of the Mayor and City Commission and submitted to the Governor for approval. Within twenty(a))business days of receiving the revised FRP,and after consultation with the City,the Governor may direct changes to the revised FRP in writing. The City shall make such directed changes to the revised FRP within tfdrty(30)bus n ss days of being notified in writing by the Governor. or. e. The City shall adopt the FRP in its entirety,and shall adopt such ordinances as are necessary to implement the FRP. 2. APPAQVAL OP CITY BUMP. a. On or before August 1st of each year,the City shall submit to the Governor the proposed Annual Budget of the City,as preliminarily approved by the Mayor and City Commission. The underlying assumptions for all revenue and expenditure estimates contained in the proposed Annual Budget shall be documented and.included with the budget submission. Within twenty(20)business days of receipt,the Governor shall review the proposed Annual Budget and,after consulettion with the City,notify the City in writing if changes are necessary. The City shall include the changes directed by the Governor. and shill approve the final Annual Budget within thirty(30)business days of being notified in writing by the Governor. b. The City may request amendments to the final Annual Budget by submitting such requests in writing to the Governor. Within twenty(20) business days of receiving the requested amendments,the Governor shalt respond in writing to the City,either rejecting the requested amendments, approving the requested amendments,or approving the requested amendments with changes. The City shall accept the response of the Governor. 3. Mnj El3'S.OP$INANCI4L RECOVER UAL ilarelt. The FRP and Annual Budget documents shall contain the level of detail necessary for the Governor to analyze the underlying assumptions contained in all estimates of expected revenues and expected expenditures. The FRP and Annual Budget documents shall be prepared using the following guidelines: a. Reasonable estimates of revenues and expenditures shall be made based on historical trends,conditions,and anticipated events; 2 b. A timetable for the elinmimation of all outstanding deficits in all funds shall be included; c. Current expenditures and current revenues shall be balanced for each fiscal year d. Provisions shall be made to avoid the future occurrence of financial emergency conditions,including the establishment of adequate cash reserves and fund reserves to cover unfunded liabilities; e. The FRP shall enhance the City's ability to regain short-and long-term borrowing capabilities; f. Managerial and operational eff derncies and accountability shall be improved; g. City programs and services that the City cannot afford to operate shall be modified and/or eliminated; h. Enterprise funds of the City shall be operated according to commonly accepted business practices,and operating revenues shall be sufficient to cover all costs of the operation,including depredation; i. Efforts to collect debts and revenues owed to the City shall be improved; j. City employee compensation and benefits,union contracts,and negotiating practices employed by the City shall be reviewed and modified,as appropriate; k. The organizational structure of the City shall be reviewed and modified to improve efficiencies; 1. A Capital Improvement Plan for the City shall be developed and updated annually;and m. The City shall cooperate with an operational review of its police department and emergency services,and shall implement changes necessary to improve public safety. 4. INCURRING DEBT; The City may continue to borrow funds under the revolving loan program managed by the Florida Department of Environmental Protection,subject to the approval of that agency. The City shalt not enter into any new form of debt or liability,which exceeds twelve(12)months for repayment,without the prior written approval of the Governor. 5. 4EFORTING TO THE GOVERNOR. Beginning August 1,2016,and every month thereafter,the City shall provide the Governor with a Monthly Revenue and Expenditure Report that compares actual revenues and expenditures in each and with the projected revenues and expenditures contained in the Annual Budget 6. FINANCIAL INTEGRITY ORDINANCE. Within six(6)months after execution of the Agreement,the City shall adopt a Financial Integrity Ordinance,which shall set forth the necessary procedures to be followed by the City in carrying out 3 its affairs. Print to the adoption of the Financial Integrity Ordinance, the City shall submit a copy of the proposed ordinance to the Governor. Within twenty(20)business bays after receipt,the Governor shall review the proposed ordinance and,after consultation with the City,the Governor may direct changes to the proposed ordinance in writing. The City shall include the changes directed by the Governor,and shall approve the final Financial Integrity Ordinance within thirty(30)business days of being notified in writing by the Governor. 7. FINANCIAL 4.m,CONTRACTUAL OULIGATIONS. The City shall not enter into any financial or contractual obligations that are not specifically authorized by the Annual Budget or this Agreement,or which are itwonsisbwrit with the FRP. S. FAILURE/0 COMPLY. The City shall notify the Governor immediately,in writing,if the City,the Mayor,or any member of the City Common determines that the City has violated or anticipates a violation of any of the terms or conditions of the Agreement,including,but not limited to: a. The failure of the City to submit any plan or document required by the Agreement; b An affirmative actor failure to act by the City that jeopardizes the City's financial recovery;or c. Any deviation by the City from any plan or document hereunder approved by the Governor. The notification of a violation or anticipated violation shall contain sufficient detail for a determination of what actions are necessary to remedy the reported violation. The failure to comply with the terms and conditions of the Agreement shall constitute a failure to resolve the state of financial emergency facing the City,which constitutes malfeasance,mlrJeaearice,and neglect of duty for purposes of section 7,Article IV of the Florida Constitution,as provided by section 218. 6),Florida Statutes. 9. INDEPENDENT REVIEW 8Y THE GOVEA.NOR. The City agrees that the Governor may assign staff to conduct or cause to be conducted such audits, examinations,or studies of the City as the Governor deems necessary to resolve the financial emergency. 10. GOVERNOR'S DES GNEE. The Governor designates the Office of the Chief Inspector General to serve as the Governor's Designee and delegates to the Governor's Designee the authority to irnpiement the terms and conditions of this Agreement as set forth herein. 4 • 11. 110633.12M-Tha.6010292a. The Agreement dull remain in effect until such time as the Governor=dudes that the state of financial emergency no longer exists,pursuant to section 218504.Florida Statutes. 12. ALtENDMENT8 OR MODj flONS. Any request to amend or modify the Agreement shall be submitted in writing to the Governor,and any amendment or modification shall be made only with the written approval of the Governor, which approval shill not be unreasonably withheld. 13. NQT10ES AND Cntuttt4U$lt_AT1QN Any notice or other form of . cation related to this Agreement shall be served in writing by facsimile transmission,electronic mail,personal delivery,or overnight courier,as follows: To the City: Ms.Yvette Harrell Acting City Manager City of Opa•ocka 780 Fisherman Street;Fourth Floor Opa-1ocka,Florida 33054 Telephone: (305)953-2868 Facsimile: (888)3554982 ybarrelittOpalockaft goo To the Governor. Ms.Melinda Miguel Chief Inspector General Office of Governor Rick Scott The Capitol,Room 1902 Tallahassee,Fonda 32399-000i Telephone: (850)7174284 Facsludle (850)921-0817 Meiinda.Migueleeog.myflorida.cmm and enforceable 14. BINDING 61?fr>3C?. The Agreement btrufing not limited to, against any anceess'oss of the City government & successive City Managers,Mayors,and City Commissioners, 15. aaCNOWL POraNT. By signing the Agreement,each party hereto affirms that he/she possesses the authority to enter the Agreement on behalf of the City and the Governor's Office;has fully and carefully read the terms and conditions d of the Agreement knows and understands the contents of the Agreement;and fully expects to carry out the Agreement in its entirety as set forth herein. Further,the Mayor and City Manager each atfirrn,by the signatures affixed hereto,that the Agreement has been approved by Resolution of the City. 5 IN WITNESS WHEREOF,the parties hereto execute the Agreement. r 4a()_tev ._,. ,...----■■ Rick Stott, M ra T t Mayor State Florida or City of Opa}orka,Florida fiie . 0 .f j .,i an ! ,'r II,Acting City Manager r f City of a •slocka,Florida M 6 --,w...vr.:..sw:.Ian«..w.u...,.w..w..+.....w.. ...,........ ._.