HomeMy WebLinkAboutR-98-0839J-98-843
8/20/98
RESOLUTION NO. — 'V
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY SHIRLEY WARNER AND RIVIANN
JERRY, HER DAUGHTER, WITHOUT ADMISSION OF
LIABILITY, THE SUM OF $36,950.00 IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI, IN THE
UNITED STATES DISTRICT COURT, SOUTHERN
DISTRICT OF FLORIDA, CASE NO. 97-806-CIV-
GR.AHAM, UPON THE EXECUTION OF A GENERAL
RELEASE RELEASING THE CITY OF MIAMI, ITS
PRESENT AND FORMER OFFICERS, AGENTS AND
EMPLOYEES, EXCEPT FOR DEFENDANT DEWAYNE
PINKNEY, FROM ANY AND ALL CLAIMS AND DEMANDS;
ALLOCATING FUNDS THEREFOR FROM THE SELF-
INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE NO. 515001.424401.6.661.
WHEREAS, Shirley Warner and Riviann Jerry, her daughter,
through their attorney, filed a claim and lawsuit against the
City of Miami, in the United States District Court, Southern
District of Florida, Case No. 97-806-CIV-GRAHAM, for alleged
violation of the Civil Rights Act of 1964, as amended, arising
out of the alleged sexual harassment in the summer of 1994 of
Riviann Jerry who was then a minor child; and
WHEREAS, the above claim and lawsuit have been investigated
by the Tort Committee of the City Attorney's Office and the
Division of Risk Management pursuant to Ordinance No. 8417, which
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SEP 8 1998
8mwlufim Na
98- 839
created the City of Miami's Self -Insurance and Insurance Trust
Fund and said Offices recommend that said claim and lawsuit be
settled for the sum of $36,950.00;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The Director of Finance is hereby authorized
to pay Shirley Warner and Riviann Jerry, her daughter, forthwith,
without the admission of liability, the sum of $36,950.00 in full
and complete settlement of any and all claims and demands against
the City of Miami, asserted in the United States District Court,
Southern District of Florida, Case No. 97-806-CIV-GRAHAM, upon
the execution of a general release, in a form acceptable to the
City Attorney, releasing the City of Miami, its present and
former officers, agents and employees, except for defendant
Dwayne Pinkney, from any and all claims and demands, with funds
therefor hereby allocated from the Self -Insurance and Insurance
Trust Fund, Index Code No. 515001.424401.6.661.
Section 2. This Resolution shall become effective
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immediately upon its adoption and signature of the Mayor.1/
PASSED AND ADOPTED this
ATTEST:
8th
day of
September, 1998.
JOE CAROLLO, MAYOR
)n accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation now
becomes effective with the elapse of ten (10) days from the date of Commission action
regarding same, without the Mayor exeroisin'g.,q.1kto. ) T J
Wafter I Foeman, City Clerk
WALTER J. FOEMAN
CITY CLERK
APPROVE Mf
S T F 40
O CTNESS:
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1� 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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98- 839
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO Honorable Mayor and Members
DATE:
of the City Commission
SUBJECT:
FROM:
Alejandro flare
REFERENCES:
City A me
ENCLOSURES:
CA=14
- J-98-843
August 10, 1998 FILE : L-97-107
Request for approval of settlement
in Warner, et al. v. City of Miami
Case No. 97-806-CIV-GRAHAM
City Commission Meeting of 9/8/98
Resolution
The attac solufieeks authorization for the settlement of all claims against the City of
Miami ' above -referenced case in the amount of $36,950.00. The Torts Committee of the
City Attorney's Office and the Risk Management Department have investigated and evaluated
this case and have approved the recommendation of this settlement. Funds in the amount of
$36,950.00 will be allocated from the Insurance and Self -Insurance Trust Fund, Index Code No.
515 001.424401.6.661.
Inasmuch as the potential exposure to the City on this claim is a jury award of $300,000 plus
attorney fees and costs as determined by the court, settlement in the amount of $36,950 is in the
best interest of the City.
Attachment
CITY OF MIAMI, FLORIDA
1 _
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AN ( 0
lac_
INTER -OFFICE MEMORANDUM
Mario Soldevilla, Administrator August 7, 1998
TO: Department of Risk Management DATE '
Dipak Parekh, Director SUBJECT
Settlement Resolution
Budget & Management Analysis Commission Meeting
of 9/8/98
FROM Maria J. Chiaro REFERENCES
Assistant City Attorney Warner et al v. City of Miarru -
ENCLOSURES.
The attached copy of a resolution is being placed on the City Commission Agenda for
the meeting of September 8, 1998. If approved, the matter of Warner et al v. City of Miami,
Case No. 97-806-CIV-GRAHAM will be settled for $36,950.00. Funds will ,be allocated from
the Insurance and Self -Insurance Trust Fund, Index Code No. 515001.424401.6.661.
Please indicate your review and approval below prior to the request being presented to
the City Co . sion.
� t
Man`o-S6tdevilla, Administrator
Risk Management
enc.
MJC:csk
APPROVE ISAPPROVED)
Dipak , Director
l Budget & Management Analysis
ck:Senle-Judge.doc
98- 839