HomeMy WebLinkAboutR-01-0028J-00-1071
12/1/00
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
BONNIE SMITH AND CHARMAINE BEAUMONT, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $50,000,
IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI AND RAMON CARR, FOR THE CASE BONNIE
SMITH, INDIVIDUALLY, AND AS NATURAL GUARDIAN
AND NEXT BEST FRIEND OF CHARMAINE BEAUMONT, A
MINOR; AND JOSE VASQUEZ, INDIVIDUALLY, VS.
CITY OF MIAMI POLICE DEPARTMENT, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA, RAMON
CARR, INDIVIDUALLY, IN THE CIRCUIT COURT OF
THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE NO. 98-9913
CA (23), UPON THE EXECUTION OF A GENERAL
RELEASE RELEASING THE CITY OF MIAMI, ITS
PRESENT AND FORMER OFFICERS, AGENTS AND
EMPLOYEES FROM ANY AND ALL CLAIMS AND
DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE NO. 515001.624401.6.652.
WHEREAS, Bonnie Smith, individually, and as natural guardian
and next best friend of Charmaine Beaumont, a minor; and Jose
Vasquez, individually, filed a claim and lawsuit against the City
of Miami and Ramon Carr, in the Circuit Court of the Eleventh
Judicial District, Case No. 98-9913 CA (23), in Miami, Miami -Dade
County, Florida; and
CITY COMMISSION
&IEETnic OF
o$�7iwu„iII A0.
WHEREAS, the above claim and lawsuit have been investigated
by the Tort Committee of the City Attorney's Office and the
Division of Risk Management pursuant to Section 18-232 of the
Code of the City of Miami, Florida, as amended, which created the
City of Miami's Insurance and Self -Insurance Trust Fund and said
Offices recommend that said claim and lawsuit be settled for the
sum of $50,000.00;
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 hereby authorized
to pay Bonnie Smith and Charmaine Beaumont, without admission of
liability, the sum of $50,000 in full and complete settlement of
any and all claims and demands against the City of Miami, for the
case Bonnie Smith, individually, and as natural guardian and next
best friend of Charmaine Beaumont, a minor; and Jose Vasquez,
individually vs. City of Miami Police Department; a political
subdivision of the State of Florida, RAMON CARR, individually, in
the Circuit Court of the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida, Case No. 98-9913 CA (23), upon the
P. 1 - r')
Page 2 of 3 w�
2
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execution of a general release releasing the City of Miami, its
present and former officers, agents and employees from any and
all claims and demands, with funds therefor hereby allocated from
the Self -Insurance Trust and Insurance Fund, Index Code
No. 515001.624401.6.652.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayorll.
PASSED AND ADOPTED this 11th day of January , 2001.
JOE CAROLLO, MAYOR
ATTEST: In accordance with Miami Code Sec. 2-36, since the Mayor did not indicats of
r _i5iation by "Pinit ir5 the :'J
1O%®71G i G feC$IVe with in s r Sf 1 i.7 Cf cc'mii '
-- regarding sarne, without the tuor. fc ,:;gig -to.
WALTER J. FOEMAN
CITY CLERK
APPRO TO FOR D CORRECTNESS -t/
DRO VILA LLO
ClifY ATTORNEY
W4898/JOB/ss/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 01-
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Linda Haskins, Director, Department of Management and Budget
Mario Soldevilla, Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorneo
DATE: November 30, 2000
RE: Financial review and approval for Settlement
Proposed Resolution -City Commission Meeting of December 14, 2000
Bonnie Smith, et al. vs. City of Miami, Case No. 98-9913 CA(23) [J-00-1071]
Attached is a copy of a resolution scheduled for the City Commission Agenda of
December 14, 2000. If approved, the case of Bonnie Smith, et al. City of Miami, 1 Ith Judicial Circuit
Court Case No. 98-9913 CA (23) will be settled for $50,000. Funds are available from the Self -
Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.8`5.3`52.
Please indicate your review and approval hereinbelow 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
RISK MANAGEMENT DIVISION:
W1, I n.
MARIO SOLDEVILLA
ADMINISTRATOR
W505:BSS
Attachment
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
�o LINDA HASKINS
DIRECTOR
City of Miami
Budget
Do
1�UV
Time
Amount of S-2,Ult 52, , '"1 is
available in account number
`moi r;a-)t. �'14�0f.i . 15�.
Wrified by: SIGNATURE
®f-8
CITY OF MIAMI � 9
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the
FROM: Alejandro
DATE: January 2, 200
RE: Proposed
Commission Agenda -January 11, 2001
Bonnie Smith, mal. vs. City of Miami, et al.
Dade Circuit Court Case No. 98-9913 CA 23
Claim No. 012/PT-97-080 (J-00-1071)
This lawsuit is a tort claim for false arrest against the City of Miami and Officer Ramon
Carr, as well as assault and battery against Officer Carr, individually, by Plaintiffs, Bonnie
Smith, Jose Vasquez and Charmaine Beaumont. Plaintiff Smith is the mother of Plaintiff
Beaumont who at the time of the incident was sixteen years old. Plaintiff Vasquez died in 1998,
and no claim is being made on behalf of his estate. The claims arise out of a warrantless entry
and search at night on August 18, 1996, of the Smith residence resulting in the arrest of the
Plaintiffs.
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami and Officer Ramon Carr, without admission of liability, in the amount
of $50,000 payable to Bonnie Smith and Charmaine Beaumont. The Torts Committee of 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 $50,000
will be allocated from the Insurance and Self -Insurance Trust Fund, Index Code
No. 515001.624401.6.653.
AV/JOB/ss:BSS
Attachment
Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
W021COMM ¢ 1 - j� j
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Linda Haskins, Director, Department of Management and Budget
Mario Soldevilla, Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney/
DATE: November 30, 2000
RE: Financial review and approval for Settlement
Proposed Resolution -City Commission Meeting of December 14, 2000
Bonnie Smith, et al. vs. City of Miami, Case No. 9$-9913 CA(23) [J-00-1071]
Attached is a copy of a resolution scheduled for the City Commission Agenda of
December 14, 2000. If approved, the case of Bonnie Smith, et al. City of Miami, 1 lth Judicial Circuit
Court Case No. 98-9913 CA (23) will be settled for $50,000. Funds are available from the Self -
Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.5 L
Please indicate your review and approval hereinbelow 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
RISK MANAGEMENT DIVISION:
wa, I. n.
MARIO SOLDEVILLA
ADMINISTRATOR
W505:BSS
Attachment
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
�o LINDA HASKINS
DIRECTOR
City of Miami
Tim! 2: (AM00)
Amount of S 1-21g� 22 2"• f z is
available In somrnt number
54
Vbtified by: SIGNATURE
01- 28