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HomeMy WebLinkAboutVI(A) Discussion/ Action Re: Change Police Legal Advisor/City Prosecuter AGENDA 2-18-97 ( Item VI A Ocoee Police Department pCOEC Robert E. Mark 175 N. Bluford Avenue ypoLICE't Chief of Police Ocoee, Florida 34761 Phone (407) 656-1313 Fax (407) 656-0218 t:L Q RI'ARTi IE 1r FLA le MEMORANDUM TO: THE HONORABLE MAYOR AND MEMBERS OF THE COMMISSION FR: ROBERT E. MARK, CHIEF OF POLICE ! PEGGY PSALEDAKIS, PERSONNEL DIRECTOR DA: FEBRUARY 25, 1997 SU: CHANGE POLICE LEGAL ADVISOR POLICE ,DEPARTMENT POSITION: When new Police Chiefs enter a department it is not unusual for the Police Chief to review the needs of the department and the position of the Police Legal Advisor. Each Police Chief has specific requirements for its department . Although, Attorney Mark Blechman has performed an outstanding service to this department our needs have now expanded which will require the services of a larger firm. One of my first priorities must be to review the existing Standard Operating Procedures Manual . This manual is crucial in the operation of this department and we will be striving to receive our State Certification. Presently Mr. Blechman receives a $500 . 00 retainer which provides 24 hour service, 4 hours of legal services and a rate of $95 . 00 per hour. Mr. Russell F. Bergin of Wicker, Smith, Tutan, O'Hara McCoy, Graham & Ford will provide the same 24 hour service, carry a beeper and we will have the advantage of the entire firm for $125 . 00 per hour. Mr. Bergin has successfully defended our department in two major lawsuits and knows all members of this department and has had access to all Personnel files . I am requesting that we secure the services of Mr. Russell F. Bergin 'and his firm. RISK MANAGEMENT ovic ,4. Upon negotiating with our Police Liability Insurance Carrier I ha -`\ 1 //// tiro '10 am vp, smaLm PAGE TWO stipulated that Mr. Russell F. Bergin represent our interests in all lawsuits concerning the Police Department . We are please with the performance of Mr. Bergin and his firm. As the Chief explained above with have been successful in our lawsuits . It is important that the Risk Manager of any City have a strong working relationship with the Police Legal Advisor as we are expected to provide background information for our defense to the insurance companies . The advantage of having our Legal Advisor as a part of our insurance negotiations is important to us . Mr. Bergin has spent a great deal of time in our Police department and Personnel department . He has reviewed every Police Personnel folder in our care. I support the Chief in his position and ask that you allow us to secure the services of Mr. Russell Fl . Bergin and his firm. LAW OFFICES WICKER, SMITH, TUTAN, O'HAEA MCCoY, GRAHAM & FORD, P.A. BARNETT BANK CENTER•SUITE 1000 390 NORTH ORANGE AVENUE MIAMI OFFICE P.O. BOX 2753 WEST PALM BEACH OFFICE GROVE PLAZA BUILDING,STHFLOOR OBLANDO, FLORIDA 32802 UNITED NATAL BANK TOWER•SUITE 700 2900 MIDDLE STREET S.W. 28TH TERRACE) 1645 PALM BEACH LAKES BOULEVARD MIAMI, FLORIDA 33133 (407) 843-3939 P.O. BOX 2508 (305)448-3939 WEST PALM BEACH,FLORIDA 33402 TELECOPIER(305)441-1745 TELECOPIER (407)649-8118 (561)689-3800 TELECOPIER(561)689-9206 FORT LAUDERDALE OFFICE BARNETT BANK PLAZA, 5TH FLOOR TAMPA OFFICE ONE EAST BROWARD BOULEVARD 100 NORTH TAMPA STREET P.O. BOX 14460 SUITE 3650 FORT LAUDERDALE,FLORIDA 33302 TAMPA,FLORIDA,33602 (954)467-6405 (813)222-3939 TELECOPIER(954)760-9353 TELECOPIER(813)222-3938 February 4, 1997 Ms. Peggy Psaledakis Risk Manager City of Ocoee 150 N. Lakeshore Drive Ocoee, FL 34761 Chief Robert Mark Chief..of Police City. of Ocoee Police Department. 175 N. Bluford Avenue Ocoee, FL 34761 Dear Ms. Psaledakis and Chief Marks: Please allow this letter to confirm our meeting with Captain Tony Wilson on Tuesday Afternoon, January 28, 1997. At that meeting we discussed the past cases we have worked on together. and my serving as legal advisor to the City of Ocoee Police Department. Likewise, at that meeting, we discussed the City of Ocoee Policy and Procedure Manual,.Chief Mark's request for periodic legal guidance and assistance, and the goals of the City of Ocoee Police Department to provide effective service to its citizens. As we discussed, my fees for these services will be $125.00 per hour. Our first priority will be updating the Policy and Procedure Manual for the City of Ocoee. As you know, I have picked up a copy of the Policy and Procedure Manual for the City of Ocoee Police Department, as the manual currently exists. As we agreed,. you will present and recommend my services to the City of Ocoee Commissioners.. I.would be happy to attend the City Commission Meeting with you. Please inform me of the date of the meeting. Ms. Peggy Psaledakis February 4, 1997 Page 2 I look forward to working with you toward improving the standards and service of the City of Ocoee Police Department. Very truly yours, 14A1 .► it, : 6i Russell F. Bergin RFB/jam 189138.51 LAW OFFICES OF LUBET & BLECHMAN MARC L. LUBET 209 EAST RIDGEWOOD STREET ORLANDO,FLORIDA 32801 14071 84 1-9336 MARK S. BLECHMAN BOARD CERTIFIED CRIMINAL TRIAL LAWYER 3 © C7IL�� OWE\IVIDI//'/ April 4 , 1990 J APR - 5 1990 I Ellis Shapiro, City Manager City of Ocoee 150 North Lake Shore Drive Ocoee , Florida 32761 RE: Letter of Engagement Dear Mr. Shapiro: Pursuant to our telephone conversation yesterday, I am enclosing my proposed Letter of Engagement. Upon discussion with my partner regarding the carry over of unused hours , I am extremely uncomfortable in permitting the hours to be carried over . The five hundred dollar ($500 . 00) retainer provides for my twenty four (24) hour service and therefore is compensation whether or not the actual hours are utilized. In the case where the hours may be carried over , there could possibly be a situation at the end of a calender year where I am indebted for twenty (20 ) or thirty (30) hours of time. I believe you will agree that this would place me in an unfair position, especially after I had of- fered my twenty four (24) hour service. I hope the enclosed Letter of Engagement meets with your and the City of Ocoee ' s approval and I may begin work as a Police Legal Advisor and City Prosecutor soon. If you have any questions regarding this letter or the Letter of Engagement, please do not hesitate to contact me. Very ly yeurs , MARK S. BLECHMAN, Esquire MSB/rm Enclosure MINUTES OF THE OCOEE BOARD OF CITY COMMISSIONERS REGULAR MEETING HELD APRIL 17 , 1990 Mayor Dabbs called the regular meeting of the Ocoee Board of City Commissioners to order at 7 : 31 p.m. in the commission chambers and then led in the prayer and pledge of allegiance . . The roll was called and a quorum declared to be present . PRESENT: Mayor Dabbs , Commissioners Combs , Foster, Johnson, and Woodson. Also present were City Manager Shapiro, City Attorney Rosenthal , City Engineer Shira, Public Works Director Brenner, Planning Director Behrens , Finance Director Poston, Finance Supervisor Batts , and City Clerk Grafton. ABSENT: None PRESENTATIONS AND PROCLAMATIONS Mrs. Lynn Pape, representing the Orange County Cruisers , presented plaques of appreciation to Chief of Police Boyd and Fire Chief Strosnider for their departments ' help in their many worthy projects through the year, especially Toys for TOts . Mayor Dabbs read in its entirety a proclamation proclaiming May 8 , 1990 to be National Teacher Day. Mayor Dabbs read a proclamation proclaiming May 1 - 8 Dine Out Week. Mayor Dabbs read in. its entirety a . proclamation proclaiming April 29 - May 5 Thomas R. Ison and Vard Junior Hager Week. CONSENT AGENDA The proposed consent agenda consisted of items A, B , C, D, E, F, and G. A. Acceptance and approval of Minutes of Commission Regular Meeting of April 3 , 1990 , B . Acceptance and approval of Letter of Engagement with Mark S . Blechman, Esquire, for Police Legal Advisor/City Prosecutor, C. Acceptance and approval of West Orange Memorial Hospital Developer ' s Agreements for Water and Sewer Service, D . Approval and authorization for repair of stormwater lines at Nicole Avenue and Shari Lynn Terrace, E. Acceptance and approval of Mutual Aid Agreement with Sheriff ' s Department, F. Approval of Assignment of Water/Sewer Capacity from Residential Communities of America to First Equity Development Group, Inc. and Robert S . Harrell , G. Approval and authorization to execute Termination of Temporary Easement - Handy Way/Miller Enterprises . Commissioner Combs , seconded by Commissioner Johnson, moved to approve the consent agenda as presented. Motion carried with unanimous vote in favor. LAW OFFICES OF LUBET & BLECHMAN MARC L. WHET 209 EAST RIDGEWOOD STREET ORLANDO.FLORIDA 32801 (407)841.9336 MARK S. BLECHMAN BOARD CERTIFIED CRIMINAL TRIAL LAWYER April 4 , 1990 City of Ocoee c/o Ellis Shapiro 150 North Lake Shore Drive Ocoee , Florida 32761 • RE: Police Legal Advisor/City Prosecutor Dear Mr. Shapiro: The following is my offer of legal services to the City of Ocoee as its Police Legal Advisor and City Prosecutor. Upon receipt of a signed acceptance of my offer , I will commence my duties as the Police Legal Advisor and City Prosecutor upon the following terms and conditions : 1 (a) The City of Ocoee agrees to make payment of a five hundred dollar ($500 . 00) . per month non-refundable retainer . This retainer shall entitle the City of Ocoee to four (4) hours of legal services. (b) Once the four (4) hours of legal services noted in 1 (a) has expired, the City of Ocoee will be billed at the rate of ninety five dollars ($95 . 00) per hour. The City of Ocoee will be billed on a monthly basis for the hourly charges. (c) The City of Ocoee agrees to reimburse all expenses incurred while acting as the Police Legal Advisor and City Prosecutor . (d) Any unused portion of the four ( 4 ) hours of legal services provided for in 1 (a) shall not carry over into the succeeding month. 2 As part of my duties , I will agree to be on call twenty four (24) hours per day, seven (7) days a week. Con- tact with the City of Ocoee and its Police Department can be made via my office phone at 841-9336 , my cellular phone at 256-1986 , my home phone at 339-4838 , or by means of a pager system supplied by the City of Ocoee or its Police Department. I will be the primary contact under this agreement, but in the event I am unable to be on call for a period of time, I will be responsible for having another qualified attorney available for service. The City of Ocoee RE: Letter of Engagement April 4 , 1990 Page 2 of 2 pages 3 In order to avoid the appearance of impropriety and to prevent any potential conflict, I will withdraw from all cases I currently have dealing with the City of Ocoee and the Ocoee Police Department . Further , during the time period that this agreement exists , I will agree to refuse to accept all criminal and civil cases which involve the City of Ocoee or the Ocoee Police Department. 4 My services as Police Legal Advisor and City Prosecutor shall be at the pleasure of the City of Ocoee and may be terminated by either parties upon written notice. If the foregoing meets with your approval, please sign and return the enclosed copy of this letter of engagement. Very trul yo rs , MARK S . BLECHMAN, Esquire CITY OF OCOEE Y . / `'-14 4;;Z:),_ TER DABBS JR. , Mayor MSB/rm Attest: can Gra ton, y Clerk FOR USE AND NUANCE C .' By THE MY OF CCOEE ApIBRpyp rp FORM MO 7 H U d g 1p at c i IAACNER:wn din BERG. oismorm