HomeMy WebLinkAboutR-97-0851J-97-894
12/9/97
RESOLUTION NO. 9 7 i 851
A RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
ENTER INTO A SETTLEMENT AGREEMENT IN THE
CLASS ACTION LAWSUIT BROUGHT BY THE AMERICAN
CIVIL LIBERTIES UNION ON BEHALF OF THE CLASS
OF HOMELESS PERSONS REPRESENTED BY MICHAEL
POTTINGER, ET AL., AND AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY SUCH AMOUNTS, TO
SUCH PERSONS, AND AT SUCH TIMES, AS IS CALLED
FOR BY THE TERMS OF THE SETTLEMENT AGREEMENT,
WITHOUT ANY ADMISSION OF LIABILITY, IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI IN THE
UNITED STATES DISTRICT COURT, CASE NO.
88-2406-CIV-ATKINS, AND INCLUDING A POLICE
PROTOCOL WHICH SHALL GUIDE THE. CONDUCT OF
POLICE OFFICERS IN THEIR FUTURE DEALINGS WITH
HOMELESS PERSONS, AND OTHER MISCELLANEOUS
PROVISIONS, WHICH UPON APPROVAL BY THE COURT
SHALL ACT AS A RELEASE OF THE CITY OF MIAMI
FROM ANY AND ALL CLAIMS AND DEMANDS OF ALL
CLASS MEMBERS; ALLOCATING FUNDS THEREFOR FROM
THE CITY OF MIAMI SELF-INSURANCE AND
INSURANCE TRUST FUND, INDEX CODE
NO. 424401-661, WITH CONDITIONS.
WHEREAS, Michael Pottinger, et al., representing a class of
homeless persons within the City of Miami, through their
attorneys, the American Civil Liberties Union, filed a lawsuit
against the City of Miami in the United States District Court,
Southern District of Florida, Case No. 88-2406-CIV-ATKINS, for
violation of civil rights arising out of the arrest, and alleged
destruction of property, of homeless persons; and
WHEREAS, the above lawsuit has been investigated by the City
Attorney's Office, the Department of Police, the Department of
MY comesmor
KEETINC OF
DEC 0 9 1997
Revolution No.
97 - 851
Fire, Rescue and Inspection Services, the Office of Homeless
Programs, and the City Manager's Office, and said offices and
departments recommend that said lawsuit be settled as set forth
in the Settlement Agreement attached to Minutes of the Executive
Session held on December 9, 1997 (hereinafter the "Settlement
Agreement");
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The City Attorney is hereby authorized to
enter into the "Settlement Agreement" with Michael Pottinger, et
al, representing the class of homeless persons defined therein,
and the Director of Finance is hereby authorized to pay such
amounts, to such persons, and at such times, as is called for by
the terms of the "Settlement Agreement," without any admission of
liability, in full and complete settlement of any and all claims
and demands of against the City of Miami, Florida, in the United
States District Court, Southern District of Florida, Case No.
88-2406-CIV-ATKINS, and including a police protocol which shall
guide the conduct of police officers in the future when dealing
with homeless persons, and other miscellaneous provisions, which,
upon approval by the Court shall act as a release of the City of
Miami from any and all claims and demands of all class members,
with funds therefor hereby allocated from the City of Miami Self -
Insurance and Insurance Trust Fund, Index Code No. 424401-661,
with the following conditions: (1) that a trust fund be
established for the purpose of receiving funds from the private
and/or public sectors to be used to satisfy the City's
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obligations to the successful homeless claimants under the terms
of the "Settlement Agreement;" (2) that the principal amount of
attorneys fees payable under the "Settlement Agreement" be paid
over three (3) fiscal years without interest; and (3) that if
these conditions are not acceptable to the Plaintiffs, the
"Settlement Agreement" is to come back to the City Commission for
further review.
Section 2. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 9th day of
ATTEST:
ALTER J MAN
CITY C RK
RIS AGE REVIEW:
c1k.
MARIO E. SOLDEVILLA
RISK MANAGEMENT ADMINISTRATOR
WAR N R. BITTNER
AS '
TANT CITY ATTORNEY
WRB/csk/W2065WB
December , 1997.
XAVIER SUAREZ, MAYOR
BUDGETARY AND MANAGEMENT
ANALYSI EVIEW:
DIPAKH PAREKH, DIRECTOR
APPROVED AS TO FORM AND
CORRECTNESS:
A
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97- 851