HomeMy WebLinkAboutR-03-0010J-02-1054
12/26/02
RESOLUTION NO. 03— 010
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
TERESA ARDINES, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $84,000, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, FOR
THE CASE OF TERESA ARDINES VS. CITY OF
MIAMI, IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA, MIAMI
DIVISION, CASE NO. 02 -20096 -CIV -GOLD, UPON
EXECUTING A GENERAL RELEASE FOR THE CITY OF
MIAMI, ITS PRESENT AND FORMER OFFICERS,
AGENTS AND EMPLOYEES FROM ANY AND ALL CLAIMS
AND DEMANDS; ALLOCATING FUNDS FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 515001.624401.6.652.
WHEREAS, Teresa Ardines filed a claim and lawsuit against
the City of Miami, in the United States District Court Southern
District of Florida, Miami Division, Case No. 02 -20096 -CIV -GOLD;
and
WHEREAS, the above claim and lawsuit has been investigated
by the City Attorney's Office pursuant to Section 18-232 of the
Code of the City of Miami, Florida, as amended, which created
the City of Miami's Self -Insurance Trust and Insurance Fund, and
JAN 0 9 mi
I -To.
03- 010
said office recommends that the claim and lawsuit be settled for
the sum of $84,000;
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
Teresa Ardines, without admission of liability, the sum of
$84,000 in full and complete settlement of any and all claims
and demands against the City of Miami, for the case of Teresa
Ardines vs. City of Miami in United States District Court
Southern District of Florida, Miami Division, Case
No. 02 -20096 -CIV -GOLD, upon executing a general release for the
City of Miami, its present and former officers, agents and
employees from any and all claims and demands, with funds
allocated from the Self -Insurance Trust and Insurance Fund,
Index Code No. 515001.624401.6.652.
Page 2 of 3
03- 010
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayorll.
PASSED AND ADOPTED this 9th
ATTEST:
AL:
PR SCILLA A. THOMPSON
CITY CLERK
APPROVED AS ORM
ODRO ARELLO
Y ATTORNEY
W6763:MVT:as:BSS
day of January 2003.
MANUEL A. DIAZ, MAYO
AND C4ECTNESS V
�i If the Mayor does not sign this Resolution, it shall become
effective at the end of ten calendar days from the date it was
passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the
City Commission.
Page 3 of 3
03- 010
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
DATE: December 31, 2002
CA -13
RE: Proposed Settlement -City Commission Meeting of January 9, 2003
Teresa Ardines v. City of Miami, in the United States District Court,
Southern District of Florida, Miami Division, Case No: 02 -20096 -CIV -GOLD
(J-02-1054)
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami, without admission of liability, in the amount of $84,000 for Teresa
Ardines. This claim involves alleged sexual harassment, discrimination and retaliation by a
supervisor in the Police Department.
The City Attorney's Office and the Labor Relations Office have investigated and
evaluated this case and have approved the recommendation of this settlement.
Funds are available, in the amount of $84,000, from the Self -Insurance and Insurance
Trust Fund, Index Code No. 515001.624401.6.652, for the settlement.
W804:MT:ams
Attachment
c: City Manager
Agenda Coordinator
Chief of Police
03- 010