HomeMy WebLinkAboutR-01-0382J-01-317
4/18/01
01- 382
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
MARILENE PENN, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $156,000, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, ITS
OFFICERS, AGENTS AND SERVANT, INCLUDING,
LT. KEVIN MCKINNON FOR THE CASES OF MARILENE
PENN VS. CITY OF MIAMI, ET AL., FILED IN THE
UNITED STATES DISTRICT COURT, CASE
NO. 97-160 CIV -GOLD, MARILENE PENN VS. CITY
OF MIAMI, ET AL., FILED IN THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO. 00-28729 CA (02),
AND AN ASSERTED, BUT UNFILED, WHISTLE BLOWER
CLAIM, 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, IN AN AMOUNT NOT
TO EXCEED $156,000, FROM THE SELF-INSURANCE
AND INSURANCE TRUST FUND, INDEX CODE
NO. 515001.624401.6.652.
WHEREAS, Marilene Penn filed a claim and lawsuit against the
City of Miami in the United States District Court, Case
No 97 160 -Civ -Gold, and in the Circuit Court of the Eleventh
Judicial Circuit, in and for Miami -Dade County, Florida, Case
No. 00-28729 CA (02), and asserted a whistle blower claim; and
WHEREAS, the Tort Committee of the City Attorney's Office
and the Division of Risk Management have investigated these
CITY CONUUM
N=TIN43 OF
APR 2 6 2001
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01- 382
claims and lawsuits, 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
$156,000;
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 Marilene Penn, without admission of liability, the sum of
$156,000 in full and complete settlement of any and all claims
and demands against the City of Miami, its officers, agents and
servant, including, Lt. Kevin McKinnon for the cases of Marilene
Penn vs. City of Miami, et a1., filed in the United States
District Court, Case No. 97-160 CIV -GOLD, Marilene Penn vs. City
of Miami, et al., filed in the Eleventh Judicial Circuit in and
for Miami -Dade County, Florida, Case No. 00-28729 CA (02), and an
asserted, but unfiled, whistle blower claim, 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, with funds allocated from the Self -Insurance and
Insurance Trust Fund, Index Code No. 515001.624401.6.652.
Page 2 of 3 01- 382
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.!'
PASSED AND ADOPTED this 26th day of April , 2001.
JOE CAROLLO, MAYOR
M acoowbme with Miami Code Sec. 2-36, since the Mayor did not indicate appmval of
this Isolation by signing it in the designated place provided, said
des effective with the elapse of ten (10j ys of!
the date ofi���;:1
g
r"arding same, without the Mayor exerci _ J
ATTEST:
WALTER J. FOEMAN,
CITY CLERK
APPROVE T M e CORRECTNESS: /
ELLO
TTORNEY
223:WB:LB:BSS
Walter *ol51TerndR.AqM Clerk
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- 382
CITY OF MIAMI �O
CITY ATTORNEY'S OFFICI
MEMORANDUM /
TO: Mayor and Members of the City
FROM: Alejandro Vilarello, City
DATE: April 18, 2001
RE: Proposed Resolu ' —�
Marilene Penn vs. Lt. N
Marilene Penn v. City �
Marilene Penn v. Cif
ofimmission Meeting of April 26, 2001
McKinnon (Penn I)- L-97-046 &
Kevin McKinnon (Penn II) — L-00421
III) — not in suit
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami and Police Lieutenant Kevin McKinnon in the above -referenced cases
in the amount of $156,000. These are a false arrest, excessive use of force, and whistle blower
claims all emanating from an arrest of Marilene Penn on November 2, 1996, while she was
attending a Haitian music festival at Bayfront Park.
The City Attorney's Office and the Risk Management Division have investigated and
evaluated this case and have approved the recommendation of this settlement. Inasmuch as the
potential exposure to the City on this claim on its merits and for outside counsel is well in excess
of this amount, this settlement is in the best interest of the City.
Funds in the amount of $156,000.00 are available for this settlement from the Self -
Insurance and Insurance Trust Fund, Index Code No. 515001.424401.6.652.
cc: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
W552:WB:BSS
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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: April 17, 2001
RE: Financial review and approval for Settlement
Proposed Resolution — City Commission Meeting of April 26, 2001
Marilene Penn vs. Lt. Kevin McKinnon (Penn I)- L-97-046 &
Marilene Penn v. City & Lt. Kevin McKinnon (Penn 11) — L-00-421
Marilene Penn v. City (Penn III) — not in suit (J-01-317)
Attached is a copy of a resolution scheduled for the City Commission Agenda of
April 26, 2001. If approved, the case of Marilene Penn vs. City of Miami, et al., United States
District Court, Case No. 97 -160 -Civ -Gold, and Marilene Penn v. City of Miami, filed in the
Circuit Court of the 11 h Judicial Circuit in and for Miami -Dade Count, Florida, Case No. 00-
28729 (CA 02), will be settled for $156,000. Funds are available from the Self -Insurance and
Insurance Trust Fund, Index Code No. 515001.624401.6.652.
Please indicate your review and approval herein 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 APROVAL BY THE
RISK MANAGEMENT DIVISION: DEAPRTMENT OF MANAGEMENT
AND BUDGET:
ADMINISTRATOR DIRECTOR
W551:BSS : ITWA) 9miT
Attachment
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