City Attorney Lew Shelley, wrote in the agenda item that will be considered next Wednesday by the full City Commission that “Marks is entitled to reimbursement of reasonable attorney’s fees and costs because he has successfully defended and prevailed against the ethics charges. These charges arose out of and/or in connection with his employment with the City while acting in his official capacity as Mayor. The reimbursement entitlement is pursuant to City Commission Policy 103, previously existing City policy, and common law in Florida.”Mr. Shelley researched the hourly rates of attorneys involved with ethics cases and determined that $400 an hour was appropriate. This was lower than the $710 rate requested by Marks attorney, Barry Richard. Mr. Shelley calculates that the appropriate amount for reimbursement is $55,275.
Pursuant to City Commission Policy 103 the City Commission may: (1) request additional relevant information from the applicant, (2) continue the request to a date and time certain, or (3) take action upon the written request and determine if the attorney’s fees and costs shall be reimbursed, and if so, in what amount.
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