HomeMy WebLinkAboutR-98-1199J-98-1234
12/7/98
RESOLUTION NO. 9 8 19 1)
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY IVEY KEARSON, JR., WITHOUT
ADMISSION OF LIABILITY, THE SUM OF
$87,000.00, SUBJECT TO CERTAIN CONDITIONS AS
SPECIFIED HEREIN, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
AGAINST THE CITY OF MIAMI AND ALL PARTIES,
FOR THE CASE THEY KF.ARGON, T VG _ THE CITY
OF MIAMI, ET AT._, IN THE UNITED STATES
DISTRICT COURT, SOUTHERN DISTRICT, COURT
CASE NO. 97-1525-CIV-KEHOE, UPON THE
EXECUTION OF A GENERAL RELEASE RELEASING THE
CITY OF MIAMI FROM ANY AND ALL CLAIMS AND
DEMANDS; ALLOCATING FUNDS THEREFOR FROM THE
INSURANCE AND SELF-INSURANCE TRUST FUND,
INDEX CODE NO. 515001.624401.6.661.
WHEREAS, Ivey Kearson, Jr., former employee of the City of
Miami, through his attorney, filed a claim and lawsuit against
the City of Miami, in the Circuit Court of the Eleventh Judicial
Circuit, Case Nos. 96-238 AP and 96-242 AP, in Miami -Dade County,
Florida; and
WHEREAS, an appeal of the decision of said Cases was filed
in the United States District Court, Southern District, Case
No. 97-152-CIV-KEHOE in Miami -Dade County, Florida; and
WHEREAS, it is recommended that said claims and lawsuits be
settled for the sum of $87,000.00, subject to certain conditions
CITY COMNII33ION
MEETING OF
DEC 08M8
QQFL"olufim No. 44
as set forth herein;
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 Ivey Kearson, Jr., forthwith, without the admission of
liability, the sum of $87,000.00, subject to certain conditions
as specified herein, in full and complete settlement of any and
all claims and demands against the City of Miami and all parties,
including but not limited to damages, attorneys' fees, and costs,
for the case Ivey Kearson, Tr_ ve_ City of Miami, et al., in the
United States District Court, Southern District, Court Case
No. 97-1525-CIV-KEHOE, upon the execution of a general release
releasing the City of Miami from any and all claims and demands,
with funds therefor hereby allocated from the Insurance and Self -
Insurance Trust Fund, Index Code No. 515001.624401.6.661.
Section 3. The Director of Finance is hereby directed to
make said payment, subject to the following conditions:
(1) The $87,000 payment shall include, but not be limited
to, damages, attorneys' fees, and costs.
(2) The City of Miami shall reinstate Ivey Kearson, Jr. 's
("Kearson") employment, subject to Kearson's immediate
resignation and retirement from employment thereafter.
(3) The City of Miami shall pay Kearson a sum equal to
three (3) years of back wages (calculated based upon
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98-1199
Kearson's rate of pay at the time of his termination
from employment with the City).
(4) The City of Miami shall pay Kearson the value of three
(3) years' accrued vacation leave and sick leave, and
sixty-six (66) hours of leave which Kearson accrued at
the time of his termination.
(5) Kearson shall pay the City of Miami General Employees
Retirement Trust ("Retirement Trust") an amount equal
to any sums Kearson withdrew from his pension on or
before or after the date of his termination, with
interest, if any as required by the Retirement Trust.
(6) Kearson shall make additional contributions equal to
the amount required by the Retirement Trust so that
Kearson can receive credit for the period of time in
which he was terminated.
(7) The Miami General Employees Association, Local 1907,
American Federation of State, County and Municipal
Employees ("Union") shall pay Kearson the sum of $5,000
as full, final and complete payment for all claims
pending against Charles Cox and the Union and all its
officers, agents, servants and employees.
(8) The Union shall reimburse Kearson in the total amount
of $532.00, representing all dues paid by Kearson to
the Union during the time that Kearson was a member of
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98-1199
the Union.
Section 2. This Resolution shall become effective
immediately upon its adoption and signature of the Mayorll.
PASSED AND ADOPTED this 8th
ATTES
WALTERq.�OBMAN
CITY CLERK
APPROVE FO CORRECTNESS
LLO
A ORNEY
3120:BSS
l� 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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