A Different W-4 Report Weiss, Wolpin, Waldman and Williams May Hurt City Position
A motion was filed in the 11th Judicial Circuit Court for Miami Dade County seeking to disqualify the defense counsel law firm of Weiss, Serota, Helfman, Pastoriza from representing defendants.
Johanna Faddis through her attorney Kelsay Patterson claim actions of Weiss Serota Helfman Pastoriza have caused actual conflict with all named defendants.
It is alleged after a Special Call Meeting on February 3, 2010 which determined cause existed to terminate Mr. Mike Shehadeh's employment, Mr. Richard Weiss acting on his own and without City Council authorization directed Acting City Manager Sergio Purrinos to access the City's computer server to retrieve six months worth of cell phone text messages of Mike Shehadeh. Mr. Purrinos was then directed by Mr. Weiss to have the City's IT Department Manager Geraldo "Jerry" Estrada to download and make a copy of those messages.
There is an affadavit of December 5, 2011 from Mr. Purrinos saying that co-defendants (City of Homestead Council members) began requesting copies of the CD that contained the text messages. These messages included intimate sentiments from Mr. Shehadeh to the plaintiff, a married woman. Mr. Purrinos did not know the City's policy or the law governing such disclosure, dissemination and/or publication of such private phone messages. For these reasons he asked the City's Attorney Richard Weiss as to whether the messages could be released. According to Purrinos, Mr. Weiss stated he had read all of the messages and he personally approved and validated the release of each CD as requested from all of the named defendants (City Council) including Patrick Franklin.
In a deposition dated June 7, 2010 Mr. Weiss stated he never read any of these text messages. He affirms that nobody from his law firm read any of the text messages. Therefore accepting his word Weiss and his law firm are liable to the City for legal malpractice according to Attorney Kelsay Patterson. They acted beyond the scope of authority authorized by the City and they acted on their independent initiative, they failed to review the "content" of any of these text messages. The only way the text messages ever came into existence in a format to be read, distributed and leaked in their pure and un-redacted form was due in whole part on the actions of Richard Weiss, Esquire and the lawyers in his office according to the motion filed.
It is very important to understand that council members are being advised by City Attorney's during depositions not to divulge who gave them the CDs citing client-lawyer protections.
Now For The Bombshell!
According to former City of Homestead City Clerk Sheila Paul-Shedd approximately one year earlier in the Spring/Summer of 2009 stated David Wolpin, Esquire of the Law Office of Weiss Serota Helfman Pastoriza would not approve and/or allow co-defendants Judy Waldman and Rev. Jimmie Williams III to have access to the text messages of City Manager Mike Shehadeh. Ms. Shedd describes how her office received a written request from Councilwoman Waldman and then shortly after a second almost identical request from Rev. Jimmie Williams III. An affadavit from Sheila Paul-Shedd notes that she was deposed in Phoenix, Arizona on November 11, 2011. After conferring with David Wolpin Esquire it was decided that the content of these text messages, the only relevant item to consider, was NOT related to the City's business.
According to the affadavit of Ms. Shedd, approximately 3-5 months prior to the November 2009 elections a written public records request from Councilwoman Judy Waldman was received. The request was asking for all of the private/personal text/pin messages from City of Homestead issued Blackberry cell phones of Mike Shehadeh, Johanna Faddis and a few other council members. Ms. Shedd then sought guidance from David Wolpin, Esquire. The issue of content within the text/pin messages that did not touch upon any of the City's business and execution of matters pertaining to the city determined that the text/pin messages should not be disclosed, produced and/or provided. For that reason Ms. Shedd said she could not satisfy the records request made by Judy Waldman.
A few weeks after Judy Waldman's request was denied a second similar request that was nearly identical to the request submitted by Judy Waldman was received from Jimmie Williams. His request was also denied. Williams was then told to contact the City Attorney Mr. David Wolpin.
Since this needs to be summarized, here goes in one paragraph. According to Ms. Sheila Paul-Shedd the City had already an established policy regarding what was a private and what was a public record based upon content related to text and pin messages in 2009. According to Sergio Purrinos he was directed to ascertain all messages regardless of content in 2010. According to Richard Weiss in 2010, he never read the text messages. City Council members in 2010 were granted text message CDs but are prohibited from saying where they got them from in depositions. At least one council member was told not to answer due to attorney/client privilege. Johanna Faddis and her attorney Kelsay Patterson filed the motion to disqualify Weiss Serota Helfman Pastoriza based upon conflict of a legal nature since they were responsible for the ultimate release of the CDs.
Something to think about: The Council by not indicating who gave them the CDs are possibly protecting the law firm and yet doing a disservice to the City of Homestead who they represent. This motion for disqualification certainly appears to have some validity to it.
Please let Homestead know your thoughts, the quantity of documents associated with the motion are voluminous and we look forward to providing the related materials as proof of the motion's merits. Look for them in the next few days.
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