HomeMy WebLinkAboutR-01-0597J-01-461
6/13/01
01- 597
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
MARIA A. LOPEZ, WITHOUT ADMISSION OF LIABILITY,
THE SUM OF $77,000 IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI, FOR THE CASE
MARIA A. LOPEZ, AS PERSONAL REPRESENTATIVE OF
THE ESTATE OF GERARDO LOPEZ MORALES, DECEASED,
DISTRICT COURT CASE NO. 95-1584-CIV-MORENO, AND
UNITED STATES COURT OF APPEALS, ELEVENTH
CIRCUIT, CASE NO. 00-15119-E, 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 FROM THE
SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE NO. 515001.624401.6.661.
WHEREAS, Maria A. Lopez, as personal representative of the
Estate of Geraldo Lopez Morales, deceased, filed a claim and
lawsuit against the City of Miami, at al. in Federal Court Case
No. 95-1584-CIV-MORENO and United States Court of Appeals,
Eleventh Circuit, Case No. 00-15119-E; and
WHEREAS, 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
CITY COMIM81OY
MEETING OF
JUN 1 4 2091
k wcululwo W.
01- 597
Code of the City of Miami, Florida, as amended, and recommend
that said claim and lawsuit be settled for the sum of $77,000;
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
Maria A. Lopez, without admission of liability, the sum of
$77,000 in full and complete settlement of any and all claims and
demands against the City of Miami, for the case, Maria A. Lopez,
as personal representative of the Estate of Gerardo Lopez
Morales, deceased vs. City of Miami, et al., in Federal Court
Case No. 95 -1584-CXV-MORENO and United States Court of Appeals,
Eleventh Circuit, Case No. 00-15119-E, 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. 515001.624401.6.661.
Page 2 of 3 01- 597
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Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.V
PASSED AND ADOPTED this 14th day of June _ , , 2001.
JOE CAROLLO, MAYOR
in aawnw vu>ttt Miarni Code Seo. 2-W, since the Mayor did not indicate approval M
1 i : i }11plation by signing it in tho de-s4irint0d place prr.�Aded, s?k! tegislvtl�lr, "A w
„ dry m thL do mm n room -a t
with tho Q.rp u of ton (10) y^
A^'TEST: regarding earner without tho Mayor ax4arclawa
p,�.tN�rt.1�•�
water J.Tbemn, efty Clone
WAL:'ER .7. FOF.MAN
CITY CLERK
APPROV
CORRECTNESS -j
`If the Mayor does not siyn 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 ima►ediately
upon override of the veto by the City Commission.
Page 3 of. 3
-MM16110
01- 597
CITY OF MIAMI
CITY ATTORNEY'S OFFICI 19A
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
DATE: May 30, 2001
RE: Maria A. Lopez, as personal representative of the Estate of
Gerardo Lope: AJorales, deceased, vs. City of Miami, et al.
Case No. 95-1584-CIV-MORFNO and United States Court
of Appeals, Eleventh Circuit, Case NO. 00-1 5119-E
(J-01-461)
This claim alleges that the City and former City Manager Cesar Odio, in violation of the
First Amendment and 42 U.S.0 §1983 transferred Gerardo Lopez Morales, a former city
employee, to work in the City's cemetery at night, and alone, to retaliate against him for having
supported Miriam Alonso's failed mayoral candidacy in the 1995 election. The District Court
denied the City's Motion for Summary Judgment as well as Cesar Odio' s Qualified Immunity
Summary Judgment motion. During the appeal of the denial of Odio's motion, the Eleventh
Circuit required the parties to mediate the claim. The Plaintiff demanded in excess of $300,000 to
settle. After extensive mediation conferences a settlement was reached in the amount of $77,000,
inclusive of attorney's fees and costs, without admission of liability. Sue Weller, Labor Relations
Officer, concurs with the settlement.
In the event the Plaintiff were to prevail at trial, attorney's fees along could well exceed
$150,000, in addition to compensatory damages and any punitive damages awarded against Odio.
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami and Cesar Odio in the above -referenced case in the amount of $77,000
to Maria Lopez Morales, as personal representative of the Estate of Gerardo Lopez Morales,
deceased. 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 $77,000 will be allocated from the Insurance and Self
Insurance Trust Fund, Index Code No. 515001.624401.6.661.
W568:kd
c: Carlos A. Gimenez, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
01. 597
• 0
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Linda Haskins, Director, Department of Management and Budget
Mario Soidevilla, Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attomeye/
DATE: June 6, 2001
RE: Financial review and approval for Settlement
Maria A. Lopez, as personal representative of the Estate of
Gerardo Lopez ,Worales, deceased, vs. City of Miami, et al.
U.S. District Court Southern District of Florida,
Case No. 95-1584-CIV-MORENO and United States
Court of Appcals, Eleventh Circuit, Case NO. 00-15119-E
(J-01-461)
Attached is a copy of a resolution which is being placed on the City Commission
Agenda for the meeting of June 14, 2001. If approved, the matter of Maria A. Lopez, as
personal representative of the Estate of Gerardo Lopez Morales, deceased v. City of Miami,
ct al. U.S. District Court Southern District of Florida, will be settled for $77,000. Funds are
available from the Self -Insurance and Insurance Trust Fund, Index Code No.
515001.624401.6.661.
Please indicate your review and approval hereinbelow by affixing your signature and
return this original memorandum to Lugena Boles, Administrative Assistant I, of this office
as soon as possible.
REVIEW AND APPROVAL BY THE REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION: DEPARTMENT OF MANAGEMENT
AND BUDGET:
MARIO SOLDEVILLA LINDA HASKINS
ADMINISTRATOR DIRECTOR
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