HomeMy WebLinkAboutR-88-1134ir
J-88-1116
11/10/88
RESOLUTION NO.
L's s11: { l
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO PIERRETTE COCHRAN, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $32,000.00
IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, UPON THE EXECUTION OF A RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL
CLAIMS AND DEMANDS.
WHEREAS, Pierrette Cochran, through her Attorney, Joel V.
Lumer, Esquire, filed a claim against the City of Miami for
employment discrimination based on sex, age and national origin
in violation of Title VII of Civil Rights Act resulting from her
layoff while serving in the position of Staff Auditor; and
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's Office pursuant to Ordinance No.
8417, which created the City of Miami's Self -Insurance Program,
and said office recommends that this claim be settled for the sum
of $32,000.00 (Thirty-two Thousand and 00/100 Dollars);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby
authorized to pay to Pierrette Cochran, without the admission of
liability, the sum of $32,000.00 (Thirty -Two Thousand and 00/100 _
Dollars) in full and complete settlement of any and all claims
and demands against the City of Miami, upon the execution of a
release, releasing the City of Miami form all claims and demands.
PASSED AND ADOPTED this 17t11 day of -November - 1988.
XAVIER,L./SUAREZ, MAYOR
J-88-1116
11/10/88
RESOLUTION NO. NS__1 1.4 1
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO PIERRETTE COCHRAN, WITHOUT
ADMISSION OF LIABILITY, THE SUM OF $32,000.00
IN FULL AND COMPLETE SETTLEMENT OF ANY AND
ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, UPON THE EXECUTION OF A RELEASE
RELEASING THE CITY OF MIAMI FROM ANY AND ALL
CLAIMS AND DEMANDS.
WHEREAS, Pierrette Cochran, through her Attorney, Joel V.
Lumer, Esquire, filed a claim against the City of Miami for
employment discrimination based on sex, age and national origin
in violation of Title VII of Civil Rights Act resulting from her
layoff while serving in the position of Staff Auditor; and
WHEREAS, the above claim has been investigated by the Torts
Division of the City Attorney's Office pursuant to Ordinance No.
8417, which created the City of Miami's Self -Insurance Program,
and said office recommends that this claim be settled for the sum
of $32,000.00 (Thirty-two Thousand and 00/100 Dollars);
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. That the Director of Finance is hereby
authorized to pay to Pierrette Cochran, without the admission of
liability, the sum of $32,000.00 (Thirty -Two Thousand and 00/100
Dollars) in full and complete settlement of any and all claims
and demands against the City of Miami, upon the execution of a
release, releasing the City of Miami form all claims and demands.
PASSED AND ADOPTED this 17th day of November 1988.
ATTEST:
i'
A H RAI , CI Y JCL
XAVIER,L./SUAREZ, MAYOR
CITY COMMISSION
MEETING OF
NOV 17 1 88
SS--1134
s0wn0v No.
MARKS
PREPARED AND APPROVED BY:
e�l r--�4r�o , /,mo, e I I
A. QU NN JORWI. III
DEPUTY CIT TTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
J0 E L. F ANDEZ
CI Y ATTOPJlEY
AQJ/gfa/MS82
-2-
88--1134
?JtE.--4-1F:r;r'I '.Filt0RAN0UM
Honorable Mayor and
Members of the City Commission
%Jorge L. Fernandez
City Attorney
November 10, 1988
Pierrette Cochran vs.
City of Miami
Recommendation of Settlement
This office has reviewed and analyzed the merits of the above
referenced lawsuit. We have attached a copy of our Tort
Committee evaluation memorandum. It is our judgment, with which
the City Manager concurs, that it would be in the best interest
of the City to settle this lawsuit and. accordingly, we so
recommend.
Pursuant to the terms of the proposed settlement, the plaintiff
would be reinstated to her former position as Staff Auditor and
receive $32,000.00 representing back pay.
JLF/AQJ/gfa/P199
cc: Cesar H. Odio, City Manager
Matty Hirai, City Clerk
88-1134
INTER -OFFICE MEMORANDUM
Jorge L. Fernandez
City Attorney and Members
of the Tort Committee
A. Quinn Jbzies , III
Deputy Ci+,¢ Attorney
November 10. 1988
Pierrette Cochran vs.
City of Miami
_-«=F^4c1s Pending Litigation
The plaintiff in the above -referenced lawsuit, Pierrette Cochran.
was hired by the City of Miami on or about June 20, 1983 as
Auditor I in the Department of Internal Audits and Reviews. Two
other individuals, both of whom were Anglo males and under 40
years in age, were also employed in the same position. It is
important to note that Ms. Cochran is French Canadian, age 63.
In February, 1987, it was announced that the position of Staff
Auditor (the position of Auditor I having been reclassified to
Staff Auditor) was to be abolished whereupon Ms. Cochran was
advised that she would be placed on a layoff register in
accordance with the City of Miami Civil Service Rules. No layoff
action was taken in regard to her male counterparts.
In January, 1987, three unclassified positions had been created:
Assistant to the Director, Special Grants Management Coordinator
and Chief Internal Auditor. Upon a review of the subsequent
events, it has been determined that both male Staff Auditors were
offered the new positions which essentially entailed the
performance of the same or similar duties as Staff Auditor. Ms.
Cochran was never consulted nor offered one of the new positions.
Ms. Cochran filed a charge of discrimination with the Equal
Employment Opportunity Commission (EEOC) alleging discrimination
by the City of Miami on the basis of age, sex and national origin
in violation of Title VII of the Civil Rights Act and a claim for
equal pay pursuant to the Equal Pay Aot. Having received a
"Right to Sue" letter from the EEOC, Ms. Cochran filed a lawsuit
alleging the same claims, except national origin, and sued for
damages and reinstatement to her former position.
88--1134
forge L. Fernande7
City Attorney and Umbers
of the Tort Committee
F. Pierrette Cochran
Page 2.
Upon reviewing the plaintiff's claims and conducting an
investigation of the circumstances surrounding the abolishment of
the Staff Auditor position, it appears that the claimant stands a
very good chance of prevailing on the merits at trial. Moreover,
should she prevail, she might be awarded dg-ilhl& damages.
For settlement purposes. it is recommended that Ms. Cochran be
reinstated to her position as Staff Auditor and authorization be
extended in the amount of $32,000.00 in back wages for resolution
of this matter.
APPROVED/DISAPPROVED - Final settlement authority
reinstatement and back wages in the amount of $32.000.00.
Jorge L. ernandez
City Attorney
Qui Jo2i III
Deputy Cit� ttorney
Lihda J. Mrlich
Assistant City Attorney
Albertine B. Smith
Assistant City Attorney
AQJ/gfa/P202
for
88-1134