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: November 18, 2021
RE: City Commission Meeting — November 18, 2021
Settlement regarding the matter of Michelle Glenn v. City of Miami and
Mario Nunez.
Case No. 21-21429-FAM
File No. 10956
The attached proposed Resolution seeks authorization for settlement of all
claims asserted against the City of Miami ("City"), in the amount of one hundred
thousand dollars ($100,000.00) plus an additional two thousand five hundred eighty
three dollars and thirty four cents ($2,583.34) for mediation fees, in the case of Michelle
Glenn vs. City of Miami and Mario Nunez, Case No. 21-CV-21429-FAM, pending in the
United States District Court for the Southern District of Florida.
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
•t @ � j
9 City of Miami city Hall
3500 Pan American Drive
Legislation Miami, FL 33133
< $° www.miamigov.com
Resolution
Enactment Number: R-21-0474
File Number: 10956 Final Action Date:11/18/2021
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY MICHELLE GLENN, WITHOUT ADMISSION OF LIABILITY,
ONE HUNDRED THOUSAND DOLLARS ($100,000.00) IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS
FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS,
AND EMPLOYEES ("COLLECTIVELY, "CITY") IN THE CASE OF MICHELLE GLENN
VS. CITY OF MIAMI AND MARIO NUNEZ, CASE NO. 21-CV-21429-FAM, PENDING
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
FLORIDA, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND
DEMANDS AND A DISMISSAL OF ALL CLAIMS AGAINST THE CITY WITH
PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO.
50001.301001.545013.0000.00000.
WHEREAS, Michelle Glenn ("Plaintiff'), the City of Miami ("City"), and Mario Nunez are
engaged in litigation in the United States District Court for the Southern District of Florida, Case
No. 21-CV-21429-FAM ("Lawsuit"); and
WHEREAS, the City Attorney's Office has investigated the 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 claims of the Plaintiff be settled for the lump sum of one
hundred thousand dollars ($100,000.00), including all claims for attorneys' fees and costs;
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 Plaintiff, without admission
of liability, one hundred thousand dollars ($100,000.00) 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 Lawsuit upon the execution of a general release of all claims and
demands and a dismissal of all 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.
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.
APPROVED AS TO FORM AND CORRECTNESS:
Vf ria i dez, ity ttor ey 10127/2021
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.