HomeMy WebLinkAboutR-99-0711J-99-818
9/17/99
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A RESOLUTION OF THE MIAMI CITY COMMISSION
AUTHORIZING THE DIRECTOR OF FINANCE TO PAY
DIMAS ROMAN AND SILVIA ROMAN, HIS WIFE,
WITHOUT ADMISSION OF LIABILITY, THE SUM OF
$52,250.00, IN FULL AND COMPLETE, SETTLEMENT
OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, FOR THE CASE DIMAS ROMAN AND
SILVIA ROALAN V. DADE COUNTY, CITY OF MIAMI,
AND WILLIAM LOPEZ, IN THE UNITED STATES
DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA,
CASE NO. 97-1729-CIV-SEITZ, 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
THEREFOR FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE
NO. 515001.624401.6.652.
WHEREAS, Dimas Roman and Silvia Roman, his wife, filed a
claim and lawsuit against the City of Miami, Case
No. 97-1729-CIV-SEITZ, in the United. States District Court
Southern District of Florida, in Miami -Dade County, Florida; and
WHEREAS, the claim and lawsuit has been investigated by the
Tort Committee of the City Attorney's Office and the Division of
Risk Management pursuant to Sections 18-221 through 18-232 of the
Code of the City of Miami, Florida, as amended, which created the
City of Miami's Insurance and Self -Insurance Trust Fund and
CITY commsmov
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S H' 1999
kcscluLLon No.
recommend that said claim and lawsuit be settled for the sum of
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$52,250.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY f
f
OF MIAMI, FLORIDA:
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Section 1. The recitals and findings contained in the
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Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
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Section.
Section 2. The Director of Finance is hereby authorized
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to pay Dimas Roman and Silvia Roman, his wife, without admission
of liability, the sum of $52,250.00 in full and complete
settlement of any and all claims and demands against the City of
Miami, for the Case Dimas Roman and Silvia Roman v. Dade County,
City of Miami and William Lopez, in the United States District
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Court Southern District of Florida, Case No. 97-1729-CIV-SEITZ,
upon the execution of a general release releasing the City of
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Miami, its present and former officers, agents and employees from
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any and all claims and demands, with funds therefor hereby
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allocated from the Self -Insurance Trust and Insurance Fund, Index
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Code No. 515001.624401.6.652.
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Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor!'.
PASSED AND ADOPTED this 28th day of $eptember , 1999.
ATTEST:
JOE CAROLLO, MAYOR
in accordance with Miami Code Sec. 2-36, since the Mmlor did not indicate appmvd of
this legislation by signing it in the
becomes effective with that elapse often (10)
regarding same, without the Mayor eye ' ing d-
Wei -oernan, City Clork -
WALTER J. FOEMAN
CITY CLERK
APPROVED AS
ALr TD O V I LARELLO
TORNEY
W3 5:kd:RCL
AND CORRECTNESS`/
1j 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 9 9P.
TO:
FROM:
DATE:
RE:
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
100-07
Honorable Mayo4DIst'
of the it), Commission
Alejandro Vilarel
September 20, 19
Dimas Roman anI r. de Couniv, City ofMiami, and
William Lope:, Uurt Southern District of Florida,
Case No. 97-172
(J-99-818)
This case involves a claim alleging an illegal arrest of plaintiff, Dimas Roman, and loss of
consortium by Silvia, his wife. While being booked into jail, plaintiff purportedly sustained
permanent nerve damage to his facial muscles as a result of a broken jaw. He alleges a federal
claim of violation of his civil rights and state claims of false arrest and excessive force.
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami in the above -referenced case in the amount of S52,250.00. 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 $52,250.00 will be allocated from the Insurance and Self Insurance Trust Fund, Index
Code No. 515001.624401.6.652.
W356:RCL
c: Donald H. Warshaw, City Manager
Walter J. Foeman, City Clerk
Elvi Alonso, Agenda Coordinator
CITY OF MIAMI
CITY ATTOWNEY'S OFFICE
CIE NIORA,N D IJM
TO: Luie Brennan, kchng Director, Department of ?vManagcment and Budget
Mario Suldevilla, Administrator, Division of Risk Management
FROM: Maria J. f: hiaro. Ass.startt City Attomeyt
UA 11: September 17, 1999
RE: fii_nancial review and approval for Settlement
Dimas ,Romiwand Silvia Roman v. Dade County, City of Miami, and
)Arian: Lopez, U.S. District Court Soutlie.n Disuict of Fluri4
Case No. 97-1729-C?V-8LITL
(J-99-818)
Attached is a copy of a resolution which is being placed on the. City Commission Agenda
for the meeting of September 28, 1999. 1f appmved, the matter of nimas RoMas and Silvia Roman v.
Dada County, City of Miami. and William Lopez, U.S. District Comt Southern District of Florida),
will be settled fur 352,250.00. Funds are available from the Self -Insurance and Insurance Trust -
Fund, index Code No. 515001.624401.6.652.
Pteae indieatc your review and approval hereinbelow by affixing your signature and
return this original memorandum to Rita Lagaee, Administrative Assistant 1, of this office as soon
as possible.
REVIEW AND APPROVAL BY THE REVIEW AND APPROVAL BY THE
RISK KANAGEMErNT DIVISION: DEPAR1 MENT U MANAGEMENT "
AND BUDGET:
IV// '' r� 4
MAR10 SOLDEVILLA
ADMWS'1'RATOR
W 355.RCL
>,ljM RRLNNAN
ACTD4G DIRECTOR
tatty of minim
Management 3 Budget
ArnOL 71, L71, 2_L to
Rtlit:d by: SIGNAnME
99-- 711