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Home My WebLink AboutR-02-0020J-02-002 12/20/01 RESOLUTION NO. 2 2)0 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE SETTLEMENT OF ALL CLAIMS PENDING IN UNITED STATES OF AMERICA V. CITY OF MIAMI AND FRATERNAL ORDER OF POLICE LODGE 20, CASE NO. 75-3069-CIV-HIGHSMITH, AND AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ROBERT D. KLAUSNER, P.A., TRUST ACCOUNT ON BEHALF OF THE FRATERNAL ORDER OF POLICE THE SUM OF $60,000 IN ATTORNEY'S FEES AND COSTS RELATED TO A PROPOSED SETTLEMENT AGREEMENT; ALLOCATING FUNDS FROM THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX CODE NO. 51500..624401.6.653. WHEREAS, Fraternal Order of Police ("F.O.P."), filed a claim and lawsuit against the City of Miami, et al. in United States District Court, Southern District of Florida, Case No. 75-3069- CIV-HIGHSMITH; and WHEREAS, 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 amended, and recommend that the Finance Director be directed to pay Robert D. Klausner, P.A., attorney for the Fraternal Order of Police be paid the sum of $60,000 in attorney's fees and costs; CITY COMWTON MEETY G I iiluclan C�ia: JAN i 0 2 PFJ NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MTAMI, 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 parties acknowledge that there is currently pending in the Circuit Court of Miami -Dade County, a case styled FOP 20 v. City of Miami, Case No. 93-06510 CA (06) concerning the 1992 promotional examinations for sergeant and lieutenant. The FOP agrees to dismiss that action with prejudice, each party to bear its own costs and fees. Section 3. The Director of Finance is authorized to pay Robert Klausner, Esquire, the sum of $60,000 in attorney's fees and costs in the case of United States of America v. City of Miami, et al. United States District Court, Southern District of Florida Case No. 75-3069-CTV-HIGHSMITH, with funds allocated from the Self-Tnsurance and Insurance Trust Fund, Index Code No. 515001.624401.6.653. Page 2 of 3 91 0 pry �,A � .. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.!/ PASSED AND ADOPTED this 10th day of January 2002. MANUEL A. DIe, MAYOR APPROVED AS TO FORM AND CORRECTNESS:&/ AE �J r A, m el VIL ELLOL`rIJANDRO Y ATTORNE CM:eh:W5877 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 (� �w. 'J SETTLEMENT AGREEMENT THIS AGREEMENT entered into this day of , 2001, in resolution of all claims by and between the FOP 20 and the CITY OF MIAMI, the parties agree as follows: The 36 certified candidates shall have their salary for the year immediately preceding their: (1) entry into DROP; (2) retirement; or (3) death, which ever occurs first, increased by seven and a half percent (7 ''/z%) and paid to the affected employees. This increase in salary will not be reflected in their salary for any service time after entry into DROP. The salary increase shall not apply to the salary rate for the payment of accrued, unused leave or where applicable, the 173.3 hours separation payment. The FOP, on behalf of the 36 affected employees waives any other claims to back pay or promotion. 2. The one-year retroactive back pay as specified in paragraph 1 will be paid to the affected individuals with the appropriate withholding tax and pre-tax pension deductions. The gross retroactive salary increase will be reduced by all appropriate withholding tax and pre-tax pension deductions. An amended Personnel Action form will be issued showing an increase in the employee's hourly rate for the year immediately preceding retirement/DROP, which would yield a seven and a half percent (7 '/2%) increase. 3. The CITY OF MIAMI agrees to pay on behalf of the FOP the sum of $60,000.00 in attorney's fees and costs to Robert D. Klausner, P.A. Trust Account. The parties will bear their own costs and fees other than specified herein. 4. The signatories to this Agreement agree that the provisions of this settlement are only applicable to the FOP and the 36 previously certified employees and that no other person shall be entitled to a retroactive salary increase as a result of this settlement. S. The CITY OF MIAMI takes no position as to the effect this agreement may have on any request made by the affected employees to the FIPO Pension Trust to adjust their pension benefits and the granting of pension benefits to the affected employees is not an essential provision of this Agreement. If the FIPO Pension Trust does not adjust the affected employees' pensions, the affected employees nor the FOP shall have any further recourse against the CITY OF MIAMI. 6. The FOP waives any claims for statutory damages or any other damages arising under this claim and this lawsuit, or which could be claimed, except as set forth herein. Except as otherwise specifically set forth, this paragraph does not limit or waive any other claim the FOP has with the CITY OF MIAMI. E:TCMaysTsaf6p\PLEADINGSISett1ement-92LtSgtPromnotions.doc k' K. rKA IJ • • 7. The parties acknowledge that there is currently pending in the Circuit Court of Miami -Dade County, a case styled FOP 20 y. City of Miami (Case No. 93 -06510 - CA 06) concerning the 1992 promotional examinations for sergeant and lieutenant. The FOP agrees to dismiss that action with prejudice, each party to bear its own costs and fees. 8. This settlement shall not be construed to be an admission of liability on behalf of the CITY OF MIAMI, nor any admission of discrimination, nor any admission that the affected employees were entitled to promotion, nor shall it constitute precedent in any other case. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. E:ICCMays\Usafop4'LEADINGS1.Settlement-92LtSgtPromotions. doe 9 0 CITY OF MIAMI CAw23 CITY ATTORNEY'S OFFICE MEMORAAFiJAM TO: Mayor and Members of the FROM: Alejandro Vilarello, Cj DATE: December 28, 200 RE: Proposed Settlement-ty Commission Meeting of January 10, 2002 United States of Amdfrica v. City of Miami and Fraternal Order of Police, Miami Lodge 20; Case No. 75 -3069 -Civ -Highsmith The attached proposed Resolution seeks to resolve an employment discrimination lawsuit filed by the Fraternal Order of Police (FOP) on behalf of 36 promotion eligible candidates whom the trial court found were discriminated against arising out of the 1992 promotions of police sergeants and lieutenants. As a remedy, the trial court entered a judgment awarding each promotion eligible candidate the full value of a 1992 promotion, including back pay, retroactive seniority, a pension payment and a one -rank promotion from their current positions. The approximate value of that judgment was $2,725,000. The City successfully appealed the scope of the remedy ordered by the trial court. Instead of "make -whole" relief, the appellate court remanded the case to the trial court to fashion a remedy whereby the value of each position would be determined and apportioned pro -rata among the class of promotion eligible lieutenants and sergeants. The settlement reimburses the FOP for attorney's fees and costs in the amount of $60,000. In addition, the affected officers will receive an increase in their salary upon their entry into the DROP, retirement or death, whichever occurs first. The City Attorney's Office and the Risk Management Division have investigated and evaluated this case and have approved the recommendation of this settlement. Funds in the amount of $60,000 will be allocated from the Insurance and Self -Insurance Trust Fund, Index Code No. 515001.624401.6.652. The parties acknowledge that there is currently pending in the Circuit Court of the Miami -Dade county, a case styled FOP v. City of Miami (Case No. 93 -06510 -CA -06) concerning the 1992 promotional examinations for sergeant and lieutenant. The FOP agrees to dismiss that action with prejudice, each party to bear its own costs and fees. W030:CCM:eh Attachment c: Carlos A. Girnenez, City Manager Raul Martinez, Police Chief Elvi Alonso, Agenda Coordinator 0. 2 0