HomeMy WebLinkAboutR-90-0356'7
J-90--263
3/21/90
RESOLUTION NO.
90- 356
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO SANDRA K. COLL THE SUM OF
$30,000.00, WITHOUT THE ADMISSION OF
LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF
ANY AND ALL CLAIMS AND DEMANDS AGAINST THE
CITY OF MIAMI, UPON EXECUTION OF A RELEASE,
RELEASING THE CITY FROM ALL CLAIMS AND
DEMANDS, INCLUDING SETTLEMENT OF CIRCUIT
COURT CASE NO. 88-47682 (CA-21.).
WHEREAS, SANDRA K. COLL, through counsel, filed a lawsuit
against the City of Miami alleging unlawful termination of her
probationary employment as a Marinas Aide in the Department of
Parks, Recreation and Public Facilities; and
WHEREAS, the above lawsuit has been investigated by the
Labor/Employment Claims Division of the City Attorney's Office,
and in accordance with Ordinance No. 8417, which created the City
of Miami's Self -Insurance Program, the City Attornev's Office
recommends that the lawsuit be settled without the admission of
liability for the sum of $30,000.00;
WHEREAS, it is advantageous for the City of Miami to effect
a settlement of said lawsuit;
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 to SANDRA K. COLL, the sum of $30,000.00, without the
admission of liability, in full and complete settlement of all
claims and demands against the City of Miami including the
settlement of Circuit Court Case No. 88-47682 (CA-21), said
payment to be made upon the execution of a Release releasing the
City of Miami from all claims and demands.
PASSED AND ADOPTED this 24th day of May ,
�i
XAVIER L. .SUAREZ , YOR
ATT OHIRAI.
=} MAT CITY CLERK ME"`ING 0
MAY 24 1�9C
. r
WIDLI T10Y pie.
E2
PREPARED AND APPROVED BY:
LINDA J. E"LICH
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
4GE . FE ANDEZ
ATTORN Y
LJE/fl/M1416
94- 356
r 4F
CITY OF N110,41. PLORIDA
INTER -OFFICE MEMORANDUM
To Honorable Mayor and Members
of the City Commission
FROM ,Jorge L. Fernandez
City Attorney
DATE March 22, 1990 F1GL.#0.11-
POL-89-014
SUBJECT SANDRA K. COLL vs. CITY OF MIAMI,
CESAR H. ODIO, ETC., ET AL.
Cir.Ct.#88-47682 (CA-21)
REFERENCES
ENCLOSURES
From December 21st, 1987 until August 31st, 1988, Plaintiff
SANDRA CULL was employed as a Marinas Aide in the Department of
Parks, Recreation and Public Facilities. During the summer of
1988, COLL, began making complaints to various management
personnel concerning incidents which she perceived as
malfeasance, misfeasance, or neglect of duty by department
employees.
On August 19th, 1988, unbeknown to management employees,
COLL gave a statement to the Internal Security Unit of the City
of Miami Police Department, at which time she made allegations of
wrongdoing at the Marina. On August 31st, COLL, a probationary
employee, was terminated. She filed a charge of discrimination
with the Equal Employment Opportunity Commission ("EEOC") as well
as a complaint in state court pursuant to the Whistle -Blower's
Act. In her Whistle -Blower's Act complaint, she alleges that she
was terminated in retaliation for her disclosure to officials of
the acts of malfeasance, misfeasance, and neglect of duty
committed by certain employees and officials of the City.
The EEOC determined that the evidence obtained during the
investigation did not establish a violation of Title VII of the
Civil Rights Act of 1964, as amended, and issued a "right -to -sue"
letter. She did not exercise that right. Plaintiff's counsel
also has threatened civil rights litigation. The only pending
action is the Whistle -Blower's Act case and any settlement would
include a waiver of the right to file additional claims against
the City or its agents.
The Whistle -Blower's Act is a new statute and there is no
relevant precedent in the State of Florida. Despite the possible
weaknesses of Plaintiff's case, the timing of the termination,
coming after a barrage of complaints by COLL (and the fact that
no one had complained about her work performance prior to that
time), tend to support Plaintiff's position. There is some
evidence which indicates that at least some of the reported
incidents did occur. The judge in the case already has indicated
CP33-1
90- 356
LA
Lj
To: Honorable Mayor and Members
of the City Commission
March 22, 1990
Page 2
strong sympathy for COLL. If she prevails in the lawsuit, she
will be entitled to reinstatement to her position or an
equivalent position, reinstatement of fringe benefits and
seniority, compensation for lost wages, benefits or other
remuneration, and costs and attorney's fees.
Plaintiff demanded $75,000 to settle the case, but will
accept $30,000.00. This claim has been investigated and
evaluated by the Labor/Employment Claims Committee of the Law
Department which concurs that the settlement of this case is in
the best interest of the City.
This memorandum is written pursuant to Ordinance No. 8417,
which created the City's 8elf-Insurance Program. The City
Attorney's Office recommends that the City of Miami pay
$30,000.00 in settlement of this lawsuit.
J LF/LJE/fl/P185A
cc: Cesar H . Od io, City Manager
Matty Hirai, City Clerk
90- 356