HomeMy WebLinkAboutR-85-1104N
J-85-1062
10/23/85
RESOLUTION 140. 04
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO ORLANDO MARTINEZ, A SUM
SUFFICIENT TO PROVIDE CERTAIN LUMP SUM AND
PERIODIC PAYMENTS AT A 'TOTAL COST OF FORTY
ONE THOUSAND FOUR HUNDRED ($41,400) DOLLARS, -
WITHOUT ANY ADMISSION OF LIABILITY IN FULL
AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS
AND DEMANDS AGAINST THE CITY OF MIAMI, HOWARD
V. GARY, INDIVIDUALLY AND AS CITY MANAGER OF
THE CITY OF MIAMI, AND HERBERT BRESLOW,
INDIVIDUALLY AND AS PUTATIVE CHIEF OF POLICE
OF THE CITY OF MIAMI POLICE DEPARTMENT UPON
THE EXECUTION OF A RELEASE AS TO ALL CLAIMS
AND DEMANDS.
WHEREAS, ORLANDO MARTINEZ, by and through his attorney,
filed a claim against the City of Miami and others, pursuant to
42 U.S.C. 91983, for a violation of his civil rights and certain
pendant state claims resulting from the circumstances surrounding
his termination of employment as a police officer of the City of
Miami; and
WHEREAS, the above claim has been investigated by the City
Attorney's office and said office recommends that this claim be
settled without any admission of liability at a total cost of
Forty One Thousand Four Hundred ($41,400.00) Dollars, which sum
is to be used to provide both lump sum payments and the purchase
cost of an annuity providing certain periodic payments in full
and complete settlement of any and all claims and demands against
the CITY OF MIAMI, HOWARD V. GARY, individually and as the
former City Manager of the City of Miami and HERBERT BRESLOW,
individually and the putative former Chief of Police of the City
of Miami upon the execution of a Release as to all claims and
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demands arising from the subject incident;
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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 ORLANDO MARTINEZ, certain lump sum and
periodic payments having a total cost of Forty One Thousand Four.
Hundred ($41,400.00) Dollars, without any admission of liability,
"
in full and complete settlement of any and all cla�mG a
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NCIEt C)M;SO
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nrT 24 1985
104
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01
demands, including attor.ney's fees and costs, upon the execution
of a Release, releasing the CITY OF MIAMI, HOWARD V. GARY,
individually and as the former City Manager of the City of Miami
and HERBERT BRESLOW, individually and as the putative former
Chief of Police of the City of Miami Police Department from all
claims and demands.
PASSED AND ADOPTED THIS 24th day of OCTOBER , 1985.
MAURICE A. FERRE
MAURICE A. FERRE, MAYOR
City Clerk
PREPAUtD AND 9PPMOD AY :
LReN M. FIRTEL F�
Assistant City Attorney
APPROVE 0 FORM AND CORRECTNESS
LUCIA A. 9&GHERTY
City Attorney
LMF/cm/078
;VIER -CUFF K*: ►-.r-.'MC)RANC:t)M
October 24, 1985 "F L-84-172-
Honorable Ma or and Members
of the Ci ommissionOrlando Martinez v. City, et al
Case No. 84-2715-Civ-14arcus
Lucia Dou erty
City Attorney
Prior to January 26, 1984, the Plaintiff in this matter,
Orlando Martinez, occupied the position of Administrative Aide
to Deputy Chief Robert Alma in the Field Services Bureau of the
Police Department. On January 27, 1984, the Plaintiff was
summarily transferred to the Communications Unit on the midnight
shift where he was assigned to answer the phones, a position
which he continued to occupy until his resignation became
effective on May 6, 1984. Plaintiff's transfer to the Commun-
ications Unit was based upon all•?gations that he had been
involved in political espionage and other wrongful acts.
An administrative investigation by the Internal Security
Unit of the Police Department was abandoned and a finding of
inconclusive was entered to close the case because of certain
legal restrictions and agreements. To date, this office, through
discovery taken in the above cited ease has not been able to
establish the accuracy of any of the allegations against
Martinez.
In his complaint filed in United States District Court,
Martinez alleged that he was forced to resign because of constant
'
harassment visited upon. him. He also alleged that the Admini-
strative investigation was conducted improperly, that his
transfer was an improper punitive +neasure and that: because of the
publicity attendant to the matter, he has been defamed and
stigmatized within the local community. The Complaint, it should
be noted, is couched in terms of violations of his civil rights
and other rights secured to police personnel pursuant to certain
Florida Statutes. A Motion to Dismiss the Complaint was denied.
Because of the potential risks involved in this litigation
and the ability to settle the case for a reasonable sum in light
of such risks, the Law Department recommends that a settlement be
entered into whereby Martinez would, at age 50, receive the sure
of One Thousand ($1,000.00) per month for life; this amount being
Jn
the approximate equivalent of the pension that Martinez would
have received had he been eligible to retire on the date of his
resignation. Additionally, attorney's fees and costs incurred by
Martinez's counsel are to be paid so that the cost to the City of
1104
Cot
OF
Honorable Mayor and Members
of the City Commission
Page 2
October 24, 1985
RE: ORLANDO MARTINEZ
the entire settlement package as herein proposed is Forty-one
Thousand Four Hundred ($41,400.00). - Releases of all claims are
to be executed by the Plaintiff and there is to be no admission
of liability oil the part of the City or any other party.
LAD/LMF/cm/077
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