HomeMy WebLinkAboutR-86-0645J-86-867
7/21/86
86--645
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO RANDY RANDALL THE SUM OF
$220,000.00, SAID SUM TO BE PAID OUT OF THE
LAW ENFORCEMENT TRUST FUND IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS AGAINST THE CITY OF MIAMI AND
CLARENCE DICKSON UPON EXECUTION OF A RELEASE
RELEASING THE CITY OF MIAMI AND CLARENCE
DICKSON FROM ALL CLAIMS AND DEMANDS.
WHEREAS, Randy Randall, through his attorneys, Michael A.
Zelman and Vincent McGhee have filed a replevin claim against the
City of Miami and Clarence Dickson for $768 , 374.00 , as a result
of a seizure of said $768,374.00 on June 23, 1982, in Miami, Dade
County, Florida; and
WHEREAS, the above claim has been investigated by the City
Attorney's Office, and the City Attorney's office recommends that
this claim be settled, without the admission of liability for the
sum of $220,000.00 in full and complete settlement of any and all
claims and demands against the City of Miami and Clarence Dickson
upon execution of all appropriate documents, including a release
releasing the City of Miami and Clarence Dickson from all claims
and demands;
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 Randy Randall the sum of $220,000.00, said sum to be paid
from the Law Enforcement Trust Fund, without the admission of
liability, in full and complete settlement of any and all claims
and demands against the City of Miami and Clarence Dickson upon
execution of all appropriate documents, including a release
releasing the City of Miami and Clarence Dickson from all claims
and demands.
CITY OMMiSSION
MEETING OF
JUL z4 1986
RESOLUTION No. 86--o64 -
REMARKS:
W,
I
PASSED AND ADOPTED this 24th day of JULY , 1986.
. /.
IkAVIER L. SUA , MAYOR
ATTEST:
• MAT HIRAI
• CITY CLERK
PREPARED AND APPROVED BY:
e,d"d C;
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
APPROVED AS O /'Q4ND CORRECTNESS:
LUCWA! DOUGHERTY
CITY ATTORNEY
RFC/rr/M193
CITY OF MIAMI, FLORIDA 54
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and
Members of the City Commission
FROM: Lucidg A.' Dougherty
City Attorney
DATE: July 18 , 1986 FILE:
SUBJECT: Randy Randall v. City of Miami
and Clarence Dickson, et al.
Case No. 85-29284
REFERENCES:
ENCLOSURES:
REQUEST FOR SETTLEMENT AUTHORITY
This case involves the seizure of $768,734.00 from Randy
Randall, who was stopped four years ago in Miami, Dade County,
Florida, pursuant to traffic violatioins. Statements were made
by Randy Randall at that time to Miami and Metro Dade law
enforcement officers that he stole a vehicle and a large amount
of cash was in the trunk. The $768,734.00 in currency which is
the subject matter of this case was recovered from a number of
places. The owner of the stolen vehicle did not claim the
currency and refused to prosecute. Randall testified in a
deposition at the State Attorney's Office that he found the
currency while fishing in the woods in northern Dade County. The
currency was awarded to the City in September, 1982, but pursuant
to a decision of the Third District Court of Appeal, Randall was
permitted to file another action to recover the currency. The
Plaintiff is represented by Michael Zelman, Esq. and Vincent
McGhee, Esq. The complaint in replevin alleges wrongful seizure
and wrongful detention of the currency. This case is set for
trial on August 25, 1986.
The amount of interest which has accrued since the time of
seizure is approximately $300,000.00. We are recommending that
the Plaintiff receive $220,000.00 as settlement of all claims in
this lawsuit, and that the remaining $80,000.00 in interest and
the principal amount of $768,734.00 be awarded to the City.
The recommendation for settlement is based on the City's
weight of the evidence as to the real source of the currency and
the conflicting statements as to whether Randall even confessed
to having stolen the currency. The City has no sworn or taped
statement admitting to the theft. Should the Plaintiff prevail,
he would be entitled to interest at the statutory rate of 12$,
which is approximately $60,000.00 in excess of the $300,000.00 in
interest received by the City. The City could also lose the
principal amount of $768,340.00 which is presently in the Law
Enforcement Trust Fund, and the approximately $300,000.00 of
accumulated interest. Due to the potential loss to the City, the
settlement amount of $220,000.00 is recommended.
LAD/JES/fl/423
ENCL.
86-645