HomeMy WebLinkAboutR-03-0137J-03-089
1/17/03
RESOLUTION NO. f�j) 3 — 37
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AS
SETTLEMENT TO PLAINTIFF, ANGEL ALVAREZ,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF
$250,000, IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, ITS OFFICERS, AGENTS AND
SERVANTS, INCLUDING, BUT NOT LIMITED TO
AUGUSTIN CLEMENTE, IN THE CASE OF ANGEL
ALVAREZ VS. THE CITY OF MIAMI, ET AL., FILED
IN THE UNITED STATES DISTRICT COURT, CASE
NO. 00 -2151 -CIV -JORDAN, 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, IN AN AMOUNT NOT
TO EXCEED $250,000, FROM THE SELF-INSURANCE
AND INSURANCE TRUST FUND, INDEX CODE
NO. 515001.624401.6.652.
WHEREAS, Angel Alvarez filed a claim and lawsuit against the
City of Miami and Police Officer Augustin Clemente in the United
States District Court, Case No. 00 -2151 -Civ -Jordan; and
WHEREAS, outside counsel, the Tort Committee of the City
Attorney's Office and the Division of Risk Management have
investigated this claim and lawsuit, pursuant to Sections 18-221
through 18-232 of the Code of the City of Miami, Florida, as
CITY CO{ MISSION
V=T11 G OF
FEB1 3 M1
Resolution No.
03_ 137
.
amended, and recommend that said claim and lawsuit be settled for
the sum of $250,000;
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
to Angel Alvarez, without admission of liability, the sum of
$250,000, in full and complete settlement of any and all claims
and demands against the City of Miami, its officers, agents and
servant, including, but not limited to, Police Officer Augustin
Clemente, in the case of Angel Alvarez v. City of Miami, et al.,
filed in the United States District Court, Case No. 00 -2151 -CIV -
JORDAN, 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 and Insurance Trust Fund, Index Code
No. 515001.624401.6.652.
Page 2 of 3
03- 137
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.-'/
PASSED AND ADOPTED this 13th day of February 1 2003.
rIANUEL A. DIAZ, MAYOR
ATTEST:
P ISCILLA THOMPSON'
CITY CLERK
AND CORRECTNESS :ttl-
V=RELLO
CIT,0KTTORNEY
6855/WB/BSS/kdw
1� 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- 137
CITY OF MIAMI
CITY ATTORNEY'S OFFIC) CA=5
MEMO DUM
TO: Mayor and Members of th ity mmission
FROM: Alejandro Vilarello,
DATE: January 23, 2003`r -1
RE: Proposed Resoluti or City Commission Meeting — February 13, 2003
Angel Alvarez v . City of Miami, et al., in the U.S. District Court for the
Southern District of Florida, Case No. 00 -2151 -Civ -Jordan (J-03-089).
The attached proposed Resolution seeks authorization for the settlement of all
claims against the City of Miami and its officers, agents and servants, including but not
limited to Police Officer Augustin Clemente, in the above -referenced case in the amount
of $250,000.
This is a civil rights claim under 42 U.S.C. § 1983 arising out of the April 22, 2000,
Elian Gonzalez civil disorder. Plaintiff contends that his constitutional rights were
violated because the defendant police officer allegedly used excessive force in striking
him in the face with his police baton.
The City Attorney's Office, the Risk Management Division, and outside counsel
have investigated and evaluated this case and have approved the recommendation of this
settlement.
Funds in the amount of $250,000 are available for this settlement from the Self -
Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.652.
W811:kdw:BSS
Attachment
c: Carlos A. Gimenez, City Manager
Elvi G.Alonso, Agenda Coordinator
03- 13'7
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Marcelo Penha, Department of Strategic Planning, Budget and Performance
Elliot Fixler, Consultant, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney/
DATE: January 21, 2003
RE: Proposed Resolution for City Commission Meeting - February 13, 2003
Angel Alvarez vs. City of Miami, et al., in the U.S. District Court for the
Southern District of Florida, Case No. 00 -2151 -Civ -Jordan (J-03-089).
Attached is a copy of Resolution scheduled for the City Commission Meeting of
February 13, 2003, authorizing settlement in the amount of $250,000 in the case of Angel
Alvarez vs. City of Miami, et al., in the U.S. District Court for the Southern District of Florida,
Case No. 00 -2151 -Civ -Jordan (J-03-089). .
Funds are available from the Self -Insurance and Insurance Trust Fund, Account Code
No. 515001.624401.6.652.
Please indicate your review and approval below by affixing your signature and return
this original memorandum to Beverly Solomon, Administrative Assistant II, of this office as
soon as possible.
REVIEW AND APPROVAL BY THE REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION: DEPARTMENT OF STRATEGIC PLANNING,
BUDGET AND PERFORX-L°dd0-
&'�w � -
ELLIOT FIXLE
W812:BSS
Attachment
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03- 137