HomeMy WebLinkAboutR-97-0275J-97-192
3/24/97
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TERESA MUNOZ THE SUM OF
$100,000, PLUS ATTORNEYS' FEES IN THE AMOUNT
OF $28,000 AND COSTS IN THE AMOUNT OF $5,650
PURSUANT TO COURT ORDER AND POST -JUDGMENT
INTEREST, IN FULL AND COMPLETE SATISFACTION
OF ANY AND ALL CLAIMS, DEMANDS AND JUDGMENTS
AGAINST THE CITY OF MIAMI, PURSUANT TO THE
FINAL JUDGMENT FOR PLAINTIFF, AS ORDERED BY
JUDGE WILLIAM M. HOEVELER OF THE ELEVENTH
JUDICIAL CIRCUIT COURT ON DECEMBER 9, 1996,
IN CASE NO. 95-2138-CIV-HOEVELER, ALLOCATING
FUNDS THEREFOR FROM THE SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE NO.
620103-653.
WHEREAS, Teresa Munoz, through her attorneys, filed a
lawsuit against the City of Miami alleging hostile work
environment sexual harassment in violation of Title VII of the
Civil Rights Act of 1964; and
WHEREAS, a verdict against the City of Miami in the above
lawsuit was entered on December 6, 1996 and a Final Judgment was
entered on December 9, 1996 by Judge William Hoeveler, United
States District Court; and
WHEREAS, on February 12, 1997, the Court awarded $28,000 in
attorneys' fees and $5,650 in costs;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
CITY COMMISSION
MEETING OF
APR 0 2 1997
Resolution No.
97- 275
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
i
jpay to Teresa Munoz the sum of $100,000, plus attorneys' fees in
!
the amount of m ,000 and costs in the amount of $5,650 pursuant
$ 28
i
to court order and post -judgment interest, in full and complete
satisfaction of the Final Judgment for Plaintiff and the court's
order awarding attorneys' fees and costs in Case No. 95-2138-CIV-
HOEVELER, with funds therefor hereby allocated from the
Self -Insurance and Insurance Trust Fund, Index Code No.
620103-653.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 2nd day of April 1997
1
J CAROLLO, MAYOR
ATTEST:
/, v / , (; 4.� �j�
AL ER J._ "EMAN
CITY LER
SELF-INSURANCE TRUST
FUND REVIEW:
FRANK K. ROLLASON
DIRECTOR OF RISK MANAGEMENT
2 97- 275
BUDGETARY REVIEW:
MICHAEL LAtUX
DIRECTOR OF FINANCE
PREPARED AND APPROVED BY:
ALBERTINE B. SMITH
CHIEF ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM
AND CORRECTNESS:
A JO I I I
CITY ATTORN�jC
W1510/ABS/ss/csk
97- 275
CITY OF MIAMI, FLORIDA
i
INTER -OFFICE MEMORANDUM
TO, Honorable Mayor and Members
of the City Commission
FROm A. nn J es, III
City At ney
DALE March 18, 1997 FILE . J-97-192
SUBJECT Final Judgment
Teresa Munoz vs. City
Case No. 95-2138-CIV-HOEVELER
REFERENCES City Commission Meeting
April 2, 1997
ENCLOSURES (1 )
The attached proposed Resolution seeks authorization for the
Director of Finance to pay Teresa Munoz the sum of $100,000 plus
attorneys' fees in the amount of $28,000 and costs in the amount
of $5,650 pursuant to court order, and post -judgment interest.
This case involves a sexual harassment claim filed by a City
employee alleging both .quid gra qua and hostile work environment
harassment in violation of Title VII of the Civil Rights Act of
1964. Prior to the trial, summary judgment was granted for the
City on the quid pro cluQ claim. On December 3-6, 1996, a jury
trial was conducted in federal court on the hostile work
environment sexual harassment claim. The jury awarded the
plaintiff $100,000 against the City.1 Pursuant to the motion of
the law firm that had represented the plaintiff in this case for
a period of two years and seven months - including the trial -
the court awarded $28,000 in attorneys' fees and $5,650 in costs.
The case has been evaluated by appellate counsel and a
determination has been made that the chances of a reversal of the
judgment on appeal are minimal.
In order to comply with the Final Judgment of the court, the
attached Resolution has been prepared authorizing payment as
ordered by the Final Judgment. Funds for said payment are
available from the City of Miami Self -Insurance and Insurance
Trust Fund, Index Code No. 620103-653.
AQJ/ss
attachment
Individual employees of a public employer may not be held
personally liable under Title VII of the Civil Rights Act of
1964. The maximum amount of damages that may be assessed
against an employer under Title VII is $300,000. (This is
in addition to attorneys' fees and costs, and back pay, if
any . )
S&W026COWDOC
97- 275
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM -
TO' Honorable Mayor and Members
of the City Commission
FROM ja,Vul.nn J es, III
City At ey
DATE March 18, 1997 FILE . J-97-192
SUBJECT Final Judgment
Teresa Munoz vs. City
Case No. 95-2138-CIV-HOEVELER
REFERENCES - City Commission Meeting
April 10, 1997
ENCLOSURES: (1)
The attached proposed Resolution seeks authorization for the
Director of Finance to pay Teresa Munoz the sum of $100,000 plus
attorneys' fees in the amount of $28,000 and costs in the. amount
of $5,650 pursuant to court order, and post -judgment interest.
This case involves a sexual harassment claim filed by a City
employee alleging both quid pm q= and hostile work environment
harassment in violation of Title VII of the Civil Rights Act of
1964. Prior to the trial, summary judgment was granted for the
City on the ,quid p= q= claim. On December 3-6, 1996, a jury
trial was conducted in federal court on the hostile work
environment sexual harassment claim. The jury awarded the
plaintiff $100,000 against the City.1 'Pursuant to the motion of
the law firm that had represented the plaintiff in this case for
a period of two years and seven months - including the trial -
the court awarded $28,000 in attorneys' fees and $5,650 in costs.
The case has been evaluated by appellate counsel and a
determination has been made that the chances of a reversal of the
judgment on appeal are minimal.
In order to comply with the Final Judgment of the court, the
attached Resolution has been prepared authorizing payment as
ordered by the Final Judgment. Funds for said payment are
available from the City of Miami Self -Insurance and Insurance
Trust Fund, Index Code No. 620103-653.
AQJ f s s
attachment
Individual employees of a public employer may not be held
personally liable under Title VII of the Civil Rights Act of
1964. The maximum amount of damages that may be assessed
against an employer under Title VII is $300,000. (This is
in addition to attorneys' fees and costs, and back pay, if
any.)
SS:W026C0MM.D0C
9'7- 975
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