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HomeMy WebLinkAboutItem #05 - Discussion ItemPRESIDENT TONY F. RODRIGUEZ VICE-PRESIDENT ARMANDO AGUILAR SECRETARY KENNETH M. GRIFFIN TREASURER WILLIAM J. SCAROLA PAST -PRESIDENT ORNEL -AL' COTERA January 4, 2000 D 4.:LoRER, R FA The Only National Police Organization in the United States WALTER E. HEADLEY, JR. MIAMI LODGE No. 20 710 S.W. 12 AVENUE MIAMI, FLORIDA 33130 PHONE: (305) 854-5019 FACSIMILE: (305) 854-3861 Donald H. Warshaw, City Manager City of Miami 444 SW 2nd Avenue. 10th Floor Miami, FL 33130 Dear Mr. Warshaw: Please accept this correspondence as the request of certain retirees and myself to personally appear before the City Commission meeting to be held January 27, 2000. The purpose of this appearance is to discuss retiree's health insurance. Thank you for your attention to this matter. Ver trul yours, 1 Tony F. Rodriguez President Cc: Elvi Alonso, Agenda Coordinator CITY OF MIAMI CITY ATTORNEY'S OFFICE MEM030 PUM TO: Mayor and Member41'2 FROM: Alejandro Vilarello,DATE: January 19, 2000RE: Discussion of on>? Sion relating to retiree health insurance premiums This office has been advised that an item has been placed on the agenda which relates to ongoing litigation (Robert Case, et al. vs. City of Miami, et al.) involving claims regarding increased health insurance premiums for certain retirees. This case is set for trial in front of Judge Robert Kaye during the trial period beginning February 22, 2000. Various motions, including Motions for Summary Judgment, are set for hearing on February 14, 2000. This item has been requested to be placed on the agenda by a non-party to the litigation, Mr. Tony Rodriguez. To the extent that Mr. Rodriguez wishes to present issues related to this litigation, I recommend that this matter not be discussed at a public meeting as it may compromise the defense of this lawsuit. AV/MJC: W407 c: Donald W. Warshaw, City Manager Walter J. Foeman, City Clerk Elvi Alonso, Agenda Coordinator HJH/Case/Memo/W01 AV-Mayor&CityComm 0 w PRESIDENT TONY F. RODRIGL�7 I' VICE-PRESIDENT ARMANDO AGUILAR SECRETARY KENNETH M. GRIFFIN TREASURER WILLIAM J. SCAROLA PAST -PRESIDENT ORNEL 'AL' COTERA • December 29, 1999 The Only National Police Organization in the United States WALTER E. HEADLEY, JR. MIAMI LODGE No. 20 710 S.W. 12 AVENUE MIAMI, FLORIDA 33130 PHONE: (305) 854-5019 FACSIMILE'. (3051 854-3861 Honorable Joe Carollo, Mayor Members of the City Commission Donald Warshaw, City Manager City of Miami Re: Retirees' Lawsuit It is with a deep sense of frustration and disappointment that I write this letter regarding the retirees' lawsuit. In this case, there is a class of 1500 retirees, many of them .police officers, who sued the City in 1983 concerning increases in health insurance premiums. In 1996, a previous City administration entered into intensive, good faith negotiations with the FOP in an attempt to resolve this case in a manner that was both acceptable to the retirees and not overly burdensome on the City. The case was very close to settling when there was a shake-up in City government and the so-called "financial crisis" was discovered. When that happened, the class decided to give the City some breathing room by not pushing the case for some time. I have since spoken to many of you about this case and expressed our desire to settle it. Mayor Carollo, when you ran for office in 1997, you came to the FOP's political screening committee and promised to do everything within your power to help resolve this matter. City Manager Warshaw, I have spoken to you, as well, about this case on many occasions and you too have made the same commitment. In fact, both of you even appeared at a retiree reunion in Ocala and committed to the retirees your intent in a swift resolution to this case. Sadly, no one in the City has lived up to their commitments or responsibilities. Over and over we have met with the City Attorney's office in an attempt to settle this case and have been quite disgusted with the lack of progress that has been made. ` � .%'^°'�bPai ]LOQ -`Chi ■rJ I v °oy' a94 -C City Attorney Vilarello has taken control of this case and in our view, has not negotiated in good faith. Mediation was scheduled for Wednesday, December 15,1999. Our attorneys wrote several letters to the City Attorney requesting agreement on a particular mediator, but those letters went un- answered. Our attorneys went to court regarding my attending mediation and the City Attorney's office opposed it. As such, I was prohibited from attending the mediation. Time and again I asked for the City Manager to attend even one mediation to see if some real progress could be made, but our request fell on deaf ears. Our attorneys even went to court to require the City Manager to attend the mediation, but the City Attorney opposed that as well. As such, the City Manager did not attend either. Therefore, on a case that carries a potential liability to the City of tens of millions of dollars, the City will simply be represented by Assistant City Attorney Charles Mays. Please remember that when the City needed help in 1996, the retirees were willing to provide it by not pushing the case at that time. Now, each and every one of you have simply turned your back on all the retirees of this City and it saddens and angers not only the retirees, but the active employees as well. The case is now set for trial on February 22, 2000. Even though this case is outrageously old, the City Attorney has told the retirees that he wants a continuance of the trial until at least November, 2000. This is downright unconscionable! You made promises and commitments to us. Regrettably, all you have done is turned it over to your City Attorney, who is after all, your lawyer, and is supposed to follow your wishes. When a case involves the FOP, it is the FOP that decides whether or not to settle the case, and on what terms, not our lawyer. Frankly, you have failed us miserably! I will be requesting an appearance at an upcoming City Commission meeting so that you and our citizens can hear from our retirees about their feelings and concerns regarding this matter. Sincerely, Tony F. Rodriguez President r 'Submitted into the public record in connection with �; xu item on a Waiter Foeman "' City Clerk