HomeMy WebLinkAboutR-01-0776• 9
J-03.-627
7/05/01 "IJJ pi ))
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RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO
ROGERS FINNIE, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $72,500, IN FULL ANT)
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE C'I'TY OF' MIAMI AND THE
C'I'TY OP MIAMI OFFICE OF HOMELESS PROGRAMS,
THIE:R RESPECTIVE OFFICERS, AGENTS AND
SERVANT, INCLUDING, RELATING 7.70 THE CASE OF
ROGPIRS FINNIR VS. CITY OF MIAMI, ET AL.,
FILED IN THE UNITED STATES DISTRICT COURT,
CASE NO. 99 -3444 -CIV -JORDAN, UPON THE
EXECUTION OF A GENERAL RELEASE RELEASING THE
CITY OF' MIAMI AND THE CITY OF MIAMI OFF'I'CE OF
HOMELESS PROGRAMS, THEIR RESPECTIVE PRESENT
AND FORMER OFFICHRS, AGENTS AND EMPLOYEES
FROM ANY AND ALL. CLAIMS AND DEMANDS;
ALLOCATING FUNDS, IN AN AMOUNT NOT TO EXCEED
$72,500, FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE
NO. 515001.624401.6.661.
WHEREAS, Rogers Finnie filed a claim and lawsuit against the
City of. Miami in the United States District Court, Case
No. 99 -3444 -CIV -JORDAN; and
WHEREAS, the Tort Committee of the City Attorney's Office
and the Division of Risk. Management have investigated this claim
and lawsuit, pursuanL to Sections 3.8-221 through 18-232 of the
Code of the City of Miami.., Florida, as amended, and recommend
that said claim and lawsuit be settled for the sum of $72,500;
• �T[DTO 0�►
,Amedwha No,
JUL 2 6 2001
o1— 776
i
NOW, THEREFORE, HE 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
to Rogers Finnie, without admission of liability, the sum of
$72,500 in full and complete settlement of any and all claims and
demands against the City of Miami and the City of Miami Office of
Homeless Programs, their respective officers, agents and servant,
relating to the case of Rogers Winnie vs. City of Miami, et al.,
filed in the United States Distract Court, Case No. 99 -3444 -CIV-
JORDP.N, upon the execution of a general release releasing the
City of Miarni and the City of: Miami Office of Homeless Programs,
their respective 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
Section 3. This Resolution shall become effective
immediately upon it, adoption and signature of the MayorY
If the Mayor does noU sign this Reso.ltitiori, iL shall become effective aL
the end of Len calendar days from the date it was paused and'.'.adopted. If
the Mayor vetoes this Rosolution, it shall become effective immedi.atel.y
upon override of Lhe veto by the City Commipsion.
Page 2 of 3 i� �J
PASSED AND ADOPTED this 26th day of July _ , 2001.
JOE CAROLLO, MAYOR
In..8M rdance with Miami Code Sec. 2.39, Since the Maya did not indicate epProval Of
ih;• :Igislation by signing it In the designated place provided, said legistati M
ATTEST: „ffective with the elapse of ten (10) days from e
Commis action
fqprding same, without the Mayor exe'c'" 0. d�
_ n _
WALTER J. FOEMAN
CITY CLERK
APPROVE S �rOli
W'q1i91 : WR: SSS
CORRECTNESS &
Page 3 of 3
J.
'1-� 776
TO:
FROM:
DATE:
RE:
Mayor and
Alejandro'
July 17, 4
CITY OF MIAMI
CITY ATTORNEY'S OFFICl
O NDUM
ity Commission
25
Propos%d'f esolu n — City Commission Meeting of July 26, 2001
Case of Rogers innie vs. City Of Miami, et al., the United States District
Court, Case . 99 -3444 -CIV -Jordan (J-01-627)
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami, and City of Miami Office of Homeless Programs in the above -
referenced case in the amount of $72,500. This is a Fair Labor Standards Act case claiming that
employee Rogers Finnie was not paid overtime compensation due him during his last three years
of employment.
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 liability of the defendants is considerably more than the amount of the proposed
settlement, this settlement is in the best interest of the City.
Funds in the amount of $72,500 are available for this settlement from the Self -Insurance
and Insurance Trust Fund, Index Code No. 515001.424401.6.6-.6.1.
W587:WB:BSS
cc: Carlos A. Gimenez, City Manager
Elvi Alonso, Agenda Coordinator
til- 776
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 Attorneyzt! -,
DATE: July 18, 2001
RE: Financial review and approval for payment of settlement
Proposed Resolution — City Commission Meeting of July 26, 2001
Case of Rogers Finnie vs. City of Miami, et al., the United States District
Court, Case No. 99 -3444 -CIV -Jordan (J-01-627)
Attached is a copy of a resolution scheduled for the City Commission Agenda of
July 26, 2001, requesting payment of a settlement for the case of Rogers Finnie vs. City of
Miami, et ai., the United States District Court, Case No.99-3444-CIV-Jordan. Funds are
available from the Self -Insurance and Insurance Trust Fund, Index Code
No. 515001.624401.6.661.
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
RISK MANAGEMENT DIVISION:
REVIEW AND APPROVAL BY THE
DEPARTMENT OF MANAGEMENT
AND BUDGET:
MARIO SOLDEVILLA LINDA HASKINS
ADMINISTRATOR [RECTOR
W588:BSS
0t'W 76