HomeMy WebLinkAboutR-99-0335J-99-420/1
4/26/99
RESOLUTION NO. �- 335
A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
ROBLES AND GONZALEZ, P.A., AS TRUSTEE FOR
PLAINTIFFS, MANNING, ET AL., WITHOUT
ADMISSION OF LIABILITY, THE SUM OF
$447,000.00, PAYABLE IN TWO INSTALLMENTS
(MAY, 1999 AND DECEMBER, 1999), PURSUANT TO
THE FINAL JUDGMENT ENTERED FOR PLAINTIFFS, AS
ORDERED BY THE HONORABLE JUDGE JUAN RAMIREZ,
IN FULL AND COMPLETE SATISFACTION OF ANY AND
ALL CLAIMS, DEMANDS, AND JUDGMENTS IN THE
ELEVENTH JUDICIAL CIRCUIT COURT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA, CASE NO. 95-00061
CA (27), MANNING ET AL. VS, CITY OF MIAMI,
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, DEMANDS, AND JUDGMENTS,
AND CONTINGENT UPON THE CITY MANAGER'S
APPROVAL OF THE RETROACTIVE PROMOTION AND/OR
SENIORITY OF CERTAIN INDIVIDUALS, AS
APPLICABLE; ALLOCATING FUNDS THEREFOR FROM
THE SELF-INSURANCE AND INSURANCE TRUST FUND,
INDEX CODE No. 515001.424401.6.653.
WHEREAS, Case No. 95-00061 CA (27), Manning, et al. vs. City
of Miami, was filed in the Circuit Court of the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, alleging that the
oral portion of the 1993-1994 Police Sergeant's Promotional
Examination was flawed, because sound measurement scoring
techniques and procedures, as required by the City of Miami Civil
Service Rules and Regulations, were not applied; and
WHEREAS, a verdict against the City of Miami for Manning,
et al ("Plaintiffs"), was rendered on January 15, 1999, and a
r
Final Judgment, entered for the Plaintiffs by the Honorable Juan
Ramirez on January 22, 1999, was awarded in the sum of
$447,000.00, plus accrued interest; and
WHEREAS, Plaintiffs have agreed to accept payment, in the
amount of $447,000.00, payable in two installments (May, 1999 and
December, 1999) and waive all interest, attorney's fees and costs
associated with the litigation, contingent upon the City
Manager's approving the retroactive promotion and/or retroactive
seniority of Plaintiffs, as applicable;
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
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The Director of Finance is hereby authorized to
pay Robles and Gonzalez, P.A., as Trustee for Plaintiffs,
Manning, et al, without admission of liability, the sum of
$447,000.00, payable in two installments (May, 1999 and December,
1999), pursuant to the Final Judgment entered for Plaintiffs, as
ordered by the Honorable Judge Juan Ramirez, in full and complete
satisfaction of any and all claims, demands, and judgments in the
Eleventh Judicial Circuit Court in and for Miami -Dade County,
Florida, Case No. 95-00061 CA (27), Manning et al. vs. City of
Miami, 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, demands, and judgments, and contingent
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99- 335
upon the City Managers approval of the retroactive promotion
and/or seniority of certain individuals, as applicable, with
funds therefor hereby allocated from the Self -Insurance and
Insurance Trust Fund, Index Code No. 515001.424401.6.653.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.1/
PASSED AND ADOPTED this lath day of May , 1999.
JOE CAROLLO, MAYOR
in accordance w1h Miami Code Sec. 2-38, since the Mayor did not Indicate approval of
this legislation by signing it in the designated place providad, said leg:sistion novr
becomes effective with the elapse often (10) days m the date of Commiss action
ragatftg sameo witFwm the Mayor exe a
ATTEST: ar, 0 �f✓
Walter C191t
WALTER J. FOEMAN
CITY �C�LE��12K/
<11APPROv AS CORRECTNESS ti
J 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.
- 3 -
99— an
CITY OF MIAMI
CITY ATTORNEY'S OFFICE 30
TO: Honorable Mayor and
FROM: Alejandro Vilarello, C
DATE: April29, 1999 !
RE: Proposed ResolttloPtA Commission Meeting of May 11, 1999
Payment -Court Final Judgment: Manning et al. vs. City of Miami and
Payment -Settle ZFraternal Order of Police and Alfredo Vega (J-99420/2)
■r
The attached proposed resolution, will, if adopted, authorize the Director of Finance to
issue checks payable to ROBLES AND GONZALEZ, P.A., AS TRUSTEE, for Plaintiffs,
Manning, et al., in the amount of $457,000, for a Court ordered Final Judgment rendered against
the City of Miami in Can No. 95-00061 CA (27), Manning, et al. vs. City of Miami, filed in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, and the
FRATERNAL ORDER OF POLICE and ALFREDO VEGA, in the amount of $50,000, for a
settlement, for Case No. 95-00061 CA(27), in the Circuit Court of the Eleventh Judicial Circuit
in and for Miami -Dade County, Florida, Fraternal Order of Police and Alfredo Vega.
Both above -referenced lawsuits were filed against the City of Miami by police officers
who alleged that the oral portion of the 1993-1994 Police Sergeant's Promotional Examination
was flawed, and that sound measurement scoring techniques and procedures, as required by the
City of Miami Civil Service Rules and Regulations, were not applied.
The Plaintiffs in Manning, et al. vs. City of Miami have agreed to accept the amount of
the Final Judgment, $447,000, payable in two installments (May, 1999 and December, 1999)
and waive all interest, attorney's fees and costs associated with the litigation, contingent upon
the City Manager's approval for retroactive promotion and/or seniority of certain individuals, as
applicable.
The Plaintiffs in Fraternal Order of Police and Ahedo Vega have agreed to settle their
lawsuit for $50,000, contingent upon the City Manager's approval for retroactive promotion
and/or seniority of certain individwus, rs applicable.
Funds for said payment, in the amount of $497,000, will be allocated from the City of
Miami Self -Insurance and Insurance Trust, Index Code No. 515001.624401.6.661.
W308-2:BSS
c: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
V
99- 335
T"
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Luie Brennan, Acting Director, Budget and Management Department
Mario Soldevilla, Administrator, Division of Risk Management
FROM: Maria J. Chiaro, Assistant City Attorney+.:
DATE: April 29, 1999
RE: Financial review and approval:
Final Judgment - Manning, et al. vs. City of Miami and
Settlement - Fraternal Order of Police and Alfredo Vega (J-99-420/2)
Attached is a copy of a resolution which is being placed on the City Commission Agenda for
the meeting of May 11, 1999.
If approved, the resolution will authorize the payment of a Final Judgment as ordered by the
Court, in the amount of $447,000 (which will be payable in two installments -May, 1999 and
December, I999) for Case No. 95-00061 CA (27), in the Circuit Court of the Eleventh Judicial
Circuit in and for Miami -Dade County, Florida, Manning, et al. vs. City of Vrami, with all
interest, attorney's fees and costs associated with the litigation waived by the Plaintiff,
contingent upon the City Manager's retroactive promotion and/or seniority of certain individuals,
as applicable, and a settlement, in the amount of $50,000, for Case No. 95-00061 CA (27), in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Fraternal
Order of Police and Alfredo Vega, contingent upon the City Manager's retroactive promotion
and/or seniority of certain individuals, as applicable.
Funds, in the total amount of $497,000, are available from the Self -Insurance and Insurance
Trust Fund, Index Code No. 515001.624401.6.661.
Please indicate your review and approval heveinbelow by affixing your signature and return
this original memorandum to Beverly Solomon, Legislative Coordinator, of this office as soon as
possible.
REVIEW AND APPROVAL BY THE REVIEW AND APPROVAL BY THE
RISK MANAGEMENT DIVISION: DEPARTMENT OF. BUDGET AND MANAGEMT:
W/, (D' ( W - .,' &
MARIO SOLDEVILLA LUTE BRENM N
ADMINISTRATOR ACTING DIRECTOR
99- 335
t~
V
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORA
TO: Honorable Mayor and Mef C' `Com ion
FROM: Alejandro Vilarello, C ty A
DATE: April 29, 1999
RE: Proposed Resol Commission Meeting of May 11, 1999
Payment -Court ord Final Judgment: Manning, et at vs. City of Miami
(J-99-420/1)
The attached proposed resolution, will, if adopted, authorize the Director of Finance
to issue a check payable to ROBLES AND GONZALEZ, P.A., AS TRUSTEE, for
Plaintiffs, Manning, el al., in the amount of $457,000, for a Court ordered Final Judgment
rendered against the City of Miami in Case No. 95-00061 CA (27), Manning, et al. vs. City
of Miami, filed in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida.
The Final Judgment was entered on January 22, 1999, as a result of the above -
referenced lawsuit filed against the City of Miami by 22 police officers who alleged that the
oral portion of the 1993-1994 Police Sergeant's Promotional Examination was flawed, and
that sound measurement scoring techniques and procedures, as required by the City of
Miami Civil Service Rules and Regulations, were not applied.
The Plaintiffs have agreed to accept the amount of the Final Judgment, $447,000,
payable in two installments (May, 1999 and December, 1999) and waive all interest,
attorney's fees and costs associated with the litigation, contingent upon the City Manager's
approval for retroactive promotion and/or seniority of certain individuals, as applicable.
Funds for said payment will be allocated from the City of Miami Self -Insurance and
Insurance Trust, Index Code No. 515001.624401.6.653.
W308-1:BSS
c: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
99- 335