HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney ,j a
DATE: October 28, 2021
RE: City Commission Meeting — October 28, 2021
Partial Settlement regarding the matter of Fraternal Order of Police, Miami
Lodge No. 20, and Alfredo Vega, et al., v. City of Miami.
Case No. 98-7760 CA 01
File No. 10845
The attached proposed Resolution seeks authorization for Partial settlement of
all claims asserted against the City of Miami ("City") in the total aggregate amount of
one hundred thirty thousand dollars ($130,000.00). This Settlement contemplates
individually settling all claims brought by individuals plaintiffs Ricky Taylor and Jeffrey
Lock against the City. Each individual will receive sixty-five thousand dollars
($65,000.00) as full final settlement of all of their claims against the City. This is only a
partial settlement of the action, as there remain other plaintiffs in the case. The above
referenced action was brought by the Fraternal Order of Police, Alfredo Vega, and
seven (7) intervenors based on an allegation that the City issued a faulty promotional
exam in 1994 for the rank of Sargent. The Plaintiffs further allege that they have
suffered damages as a result of the allegedly faulty exam.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the above amount will be
paid from the General Liability Account No. 50001.301001.545013.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/BLM/SKP
City of Miami
City Hall
Legislation
3500 Pan American Drive
Miami, FL 33133
< €{ R. ,,
Resolution
www.miamigov.com
Enactment Number: R-21-0441
File Number: 10845
Final Action Date:10/28/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY RICKY TAYLOR AND JEFFREY LOCKE (COLLECTIVELY,
"PLAINTIFFS"), WITHOUT ADMISSION OF LIABILITY, SIXTY-FIVE THOUSAND
DOLLARS ($65,000.00) EACH, FOR A TOTAL OF ONE HUNDRED THIRTY
THOUSAND DOLLARS ($130,000.00), IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS BY THE PLAINTIFFS, INCLUDING ALL
CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS,
AGENTS, AND EMPLOYEES (COLLECTIVELY, "CITY") IN THE CASE OF
FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20, AND ALFREDO VEGA, ET
AL. V. CITY OF MIAMI, CASE NO. 98-7760, PENDING IN THE CIRCUIT COURT OF
THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA,
UPON THE EXECUTION OF A GENERAL RELEASE OF THE PLAINTIFFS' CLAIMS
AND DEMANDS AND A DISMISSAL OF THE PLAINTIFFS' CLAIMS AGAINST THE
CITY WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY
ACCOUNT NO. 50001.301001.545013.0000.00000.
WHEREAS, the Jeffrey Locke and Ricky Taylor (collectively, "Plaintiffs") are engaged in
litigation with the City of Miami ("City") in the Circuit Court of the Eleventh Judicial Circuit in and
for Miami -Dade County, Florida, Case No. 98-7760, concerning an allegation that the City
issued a faulty promotional examination; and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that the Plaintiffs' claims be settled for the lump sum of sixty five
thousand dollars ($65,000.00) each, including all claims for attorneys' fees and costs, for an
aggregate total of one hundred thirty thousand dollars ($130,000.00);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized' to pay the Plaintiffs, without admission
of liability, sixty five thousand dollars ($65,000.00) each, for a total of one hundred thirty
thousand dollars ($130,000.00), in full and complete settlement of any and all claims and
demands, including all claims for attorneys' fees, against the City, its officers, agents, and
employees in the case of Fraternal Order of Police, Miami Lodge No. 20, and Alfredo Vega, et
al. v. City of Miami, Case No. 98-7760, pending in the Circuit Court of the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida upon the execution of general release by each
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
Plaintiff of all their claims and demands and a dismissal of their claims against the City with
prejudice.
Section 3. Funds are allocated from General Liability Account No.
50001.301001.545013.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i : ndez, Cify Attor iey 10/812021
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.