HomeMy WebLinkAboutR-99-0336r
l4'
J-99-421
4/30/99
AWenr.rimTnWT Mn 99- 336
A RESOLUTION OF THE MIAMI CITY COMMISSION
DIRECTING THE CITY ATTORNEY TO TAKE ANY AND
ALL ACTIONS NECESSARY OR PERMITTED, INCLUDING
THE ENGAGEMENT OF LEGAL COUNSEL, AGAINST
MORRIS & McDANIEL, A CONSULTING FIRM ENGAGED
BY THE CITY TO CREATE AND ADMINISTER THE
1993-1994 POLICE SERGEANTS' PROMOTIONAL
EXAMINATION TO PROTECT, PRESERVE AND DEFEND
THE INTERESTS OF THE CITY OF MIAMI, INCLUDING
BUT NOT LIMITED TO ANY INVESTIGATION, NOTICE
OR OTHER ACTION AUTHORIZED BY LAW OR IN
EQUITY, TO OBTAIN ANY RELIEF OR TO REMEDY ANY
LOSSES OR DAMAGES TO THE CITY OF MIAMI CAUSED
IN ANY WAY BY ANY PARTY WHICH MAY HAVE BEEN
SUSTAINED AGAINST THE CITY OF MIAMI BY POLICE
OFFICERS WHO ALLEGED THAT THE ORAL PORTION OF
SAID PROMOTIONAL EXAMINATION WAS FLAWED.
WHEREAS, the City of Miami employed the firm of Morris &
McDaniel to create and administer the 1993-1.994 sergeants'
examination, and based upon the results, a register of scored
candidates was established; and
WHEREAS, certain police officers have alleged that the oral
portion of the 1993-1994 Police Sergeants' 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, two lawsuits, Case No. 95-00061 CA(27), Manning, et
al. vs. City of Miami ("Manning Plaintiffs"), and Case
off COIVIIVIISSION
MEETING OF
MAY 1 1 1999
Rawlution No.
39- 336
v
I
R
No. 98-7760-CA(27), Fraternal Order of Police and Alfredo Vega
vs. City of Miami ("Vega Plaintiffs") , were filed in the Circuit
Court of the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida; and
WHEREAS, the City of Miami has suffered damages as a result
of both cases, and now wishes to obtain relief and/or to remedy
its losses or damages suffered as a result of said lawsuits;
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Attorney is hereby directed to take
any and all actions, necessary or permitted, including the
engagement of legal counsel, against MORRIS & McDANIEL, a
consulting firm engaged by the City to create and administer the
1993-1994 Police Sergeants' Promotional Examination to protect,
preserve and defend the interests of the City of Miami, including
but not limited to any investigation, notice or other action
authorized by law or in equity, to obtain any relief or to remedy
any losses or damages to the City of Miami caused in any way by
any party which may have been sustained against the City of Miami
by Police Officers who alleged that the oral portion of said
promotional examination was flawed.
Section 2. This Resolution shall become effective
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99- 336
AL
7,
immediately upon its adoption and signature of the Mayor.1/
PASSED AND ADOPTED this 11th day of Ma Y 1999.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-35, since the Mayor did not Indicate approval of
this legislation by signing it in the designated place provided, said legislation now
becomos effective with the elapse of ten (10) days from the date of Commission action
regarding same, without the Mayor exercising a to. /
ATTEST: WaNe J. oe an, City CIQ*
WALTER J. FOEMAN
CITY CLERK
APPROVED TO M D RRECTNESS:16/
L D ELL
TO EY
W3 52:BSS
'-/ 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.
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99- 3906
K
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMOR^UM
TO: Honorable Mayor and 1
FROM: Alejandro Vilarello, Ci
DATE: April 30, 1999 /
31 j
RE: Proposed Resolutiolyommission Meeting of May 11, 1999
Directing City Attorn to take actions necessary, including the
engagement of legal counsel, to obtain relief or to remedy any losses or
damages sustained by the City related to allegations by Police Officers
that the 1993-1994 Police Sergeants' Promotional Examination was
flawed. (J-99-421)
The attached proposed Resolution directs the City Attorney to take any and all actions,
necessary or permitted, including the engagement of legal counsel, against MORRIS &
McDANIEL, a consulting firm engaged by the City to create and administer the 1993-1994
Police Sergeants' Promotional Examination, to protect, preserve and defend the interests of the
City of Miami, including but not limited to any investigation, notice or other action authorized
by law or in equity, to obtain any relief or to remedy any losses or damages to the City of Miami
caused in any way by any party which may have been sustained against the City of Miami by
Police Officers who alleged that the oral portion of said promotional examination was flawed.
Two lawsuits, Case No. 95-00061 CA(27), Manning, et al. vs. City of Miami, and Case
No. 98-7760-CA(27), Fraternal Order of Police and A�edo Vega vs. City of Miami ("Vega
Plaintiffs"), have been filed in the Circuit Court of the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida. A Final Judgment was entered for the plaintiffs on January 22,
1999, in Manning, et al., in the amount of $457,000, and the other case is still pending.
Because the City was determined to be liable based upon its reliance on the test
developed by MORRIS and McDANIEL, it is legally permissible for the City to attempt to
recover its damages from the consulting firm. It is appropriate to retain counsel for this action
since the claim is separate from the main lawsuit. Funds for costs of said actions, if necessary,
will be allocated from the City of Miami Self -Insurance and Insurance Trust, Index Code
No. 515001.624401.6.6 61.
W310:BSS
_ c: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
JJ— 336