HomeMy WebLinkAboutR-02-0518J-02-409
5/9/02
RESOLUTION NO. 02— 51 8
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY AS
SETTLEMENT TO PLAINTIFF, RHODA WILTSHIRE, AS
PERSONAL REPRESENTATIVE OF THE ESTATE OF
DERRICK WILTSHIRE, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $925,000 (THE
"SETTLEMENT") TO BE PAID AS FOLLOWS: $425,000
PAYABLE TO PLAINTIFF, AND THE SUM OF $500,000
FOR THE CITY OF MIAMI TO PURCHASE A FIFTEEN
YEAR ANNUITY, WITH PAYMENTS THEREON TO
COMMENCE ONE YEAR LATER, PAYABLE TO
PLAINTIFF, 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
ISRAEL GONZALEZ, WILLIAM HAMES, JESUS AGUERO,
JOHN MERVOLIAN AND JORGE GARCIA, IN THE CASE
OF RHODA WILTSHIRE, AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF DERRICK
WILTSHIRE VS. THE CITY OF MIAMI, ET AL.,
FILED IN THE UNITED STATES DISTRICT COURT,
CASE NO. 99 -1958 -CIV -JORDAN, UPON THE
EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS
RELEASING 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 $925,000,
FROM THE SELF-INSURANCE AND INSURANCE TRUST
FUND, INDEX CODE NO. 515001.624401.6.652.
WHEREAS, Rhoda Wiltshire, as personal representative of the
Estate of Derrick Wiltshire, filed a claim and lawsuit against
the City of Miami, Sergeant Israel Gonzalez, Officer William
Hames, Officer Jesus Aguero, Officer John Mervolian, and Officer
CITY COMMISSION
MEETING 6F
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p' -solution 1*0.
02- 518
Jorge Garcia in the United States District Court, Case
No. 99 -1958 -Civ -Jordan; and
WHEREAS, outside counsel, 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
said claims and lawsuits be settled for the sum of $925,000;
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 hereby adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay
to Rhoda Wiltshire, as personal representative of the Estate of
Derrick Wiltshire, without admission of liability, the sum of
$925,000, to be paid as follows: $425,000 payable to Plaintiff by
June 1, 2002, and the sum of $500,000 for the City of Miami to
purchase a fifteen -year annuity by June 1, 2002, with payments
thereon to commence on June 1, 2003, payable to Plaintiff, 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, Sergeant Israel Gonzalez, Officer
William Hames, Officer Jesus Aguero, Officer John Mervolian, and
Officer Jorge Garcia, in the case of Rhoda Wiltshire, etc. v.
Page 2 of 3
02- 518
City of Miami, et al., filed in the United States District Court,
Case No. 99 -1958 -CIV -JORDAN, upon the execution of a general
release of all claims releasing 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.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'/
PASSED AND ADOPTED this 9th day of May 2002.
W&41, 4 E6- .
el MANUEL DIAZ, MAYOR
ATTEST:
PRI ILLA A. THOMPSON
CIT CLERK ��%%��
APPROVED _Ae00Tf]/FORM CORRECTNESS :!l
FDR7—VILARELLO
ATTORNEY
W6199:WB:BSS
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
02- 518
CITY OF MIAMI A=9
CITY ATTORNEY'S OFFIC)
MEMO!27
UM
TO: Mayor and Members of the ty ission
FROM: Alejandro Vilarello, Cit Atto
DATE: April 16, 2002
RE: Proposed Resolut'ty mmission Meet g- May 9, 2002
Rhonda Wiltshi etc s. City of Miami, et al.
Case No. 99-1958- v -Jordan
(J-02-409)
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
Sergeant Israel Gonzalez, Officer William Hames, Officer Jesus Aguero, Officer John Mervolian
and Officer Jorge Garcia, in the above -referenced case in the amount of $925,000.
This is a civil rights claim under 42 U.S.C. § 1983 arising out of the November 7, 1995
fatal shooting of Derrick Wiltshire ("Wiltshire"). Plaintiffs contend that Wiltshire's
constitutional rights were violated because the defendant Police Officers allegedly used excessive
force in shooting Wiltshire.
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 $925,000 are available for this settlement from the Self -Insurance
and Insurance Trust Fund, Index Code No. 515001.624401.6.652.
c: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
02- 518
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Marcelo Penha, Acting Director, Department of Management and Budget
Sue R. Weller, Acting Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney (�
DATE: April 15, 2002
RE: Financial review and approval for payment of settlement:
in the case of Rhonda Wiltshire, as personal representative of the Estate of
Derrick Wiltshire vs. the City of Miami, et al., in the United States District
Court, Case No. 99 -1958 -CIV -JORDAN
Attached is a copy of a Resolution scheduled for the City Commission Agenda of May 9,
2002, authorizing a settlement, in the amount of $925,000, in the case of Rhonda Wiltshire, as
personal representative of the Estate of Derrick Wiltshire vs. the City of Miami, et al., in the
United States District Court, Case No. 99 -1958 -CIV -JORDAN.
Please indicate your review and approval by affixing your signature and returning this
original memorandum to Beverly Solomon, Administrative Assistant II, of this office as soon as
possible.
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
MARCELO PENHA
ACTING DIRECTOR
W697:BSS
REVIEW AND APPROVAL BY THE
DIVISION OF RISK MANAGEMENT
'�? op'C'.0—
SUE R. WELLER
ACTING ADMINISTRATOR
02- 518