HomeMy WebLinkAboutR-84-1479J-84-1258a
ABS/f 1
RESOLUTION NO. 84-1479
A RESOLUTION AUTHORIZING THE DIRECTOR OF
FINANCE TO PAY TO STEVEN L. BALDWIN THE SUM
OF EIGHTEEN THOUSAND DOLLARS ($18,000.00);
AND TO ROBERT M. EVANS THE SUM OF FIFTEEN
THOUSAND DOLLARS ($15,000.00); AND TO WALTER
RODAK THE SUM OF TWELVE THOUSAND FIVE HUNDRED
DOLLARS ($12,500.00); WITHOUT THE ADMISSION
OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT
OF ALL CLAIMS AND DEMANDS AGAINST THE CITY OF
MIAMI, AND UPON EXECUTION OF A RELEASE BY
EACH AFOREMENTIONED PARTY RELEASING THE CITY
OF MIAMI FROM ALL CLAIMS AND DEMANDS.
WHEREAS, STEVEN L. BALDWIN and ROBERT M. EVANS, through
their attorney, Irving Weinsoff, Esq., and WALTER RODAK, through
his attorney Robert D. Klausner, Esq., each filed a lawsuit
against the City of Miami for back wages, damages, and other
claims and demands resulting from the alleged wrongful acts of
the City of Miami in failing to award Veteran's Preference Points,
as required by Chapter 295 of the Florida Statutes, to augment
the scores achieved by STEVEN L. BALDWIN, ROBERT M. EVANS and
WALTER RODAK on the Civil Service Examination administered on
March 19, 1979, for promotion to the rank of Lieutenant of Police,
and in failing to promote STEVEN L. BALDWIN, ROBERT M. EVANS and
WALTER RODAK based on their augmented scores; and
WHEREAS,.the above claims have been investigated by the Labor
Relations Office, the City Attorney's Office, and the Department
of Human Resources, said offices and department having recommended
that these claims be settled without the admission of liability
for the sum of Forty-five Thousand Five Hundred Dollars ($45,500);
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 STEVEN L. BALDWIN the sum of Eighteen Thousand Dollars
($18,000.00); and to ROBERT M. EVANS the sum of Fifteen Thousand
CITY COMMISSION
MEETING OF
1)EC8 ''� *,
RESOLUTIuri iw.
REMARKS_
Dollars ($15,000.00); and to WALTER RODAK the sum of Twelve
Thousand Five Hundred Dollars ($12,500.00); without the admission
of liability, in full and complete settlement of all claims and
demands against the City of Miami, upon the execution of a release
by each aforementioned party releasing the City of Miami from all
claims and demands.
PASSED AND ADOPTED this 20th day of December , 1984.
Maurice A. Ferre
MAU RI CE A. FE RRE
MAYOR
AT
RALPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
ASSISTANT CITY ATTORNEY
APPROVEROO'ASA'� RM AND CORRECTNESS:
LUCIA A. —MUG
CITY ATTORNEY
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21
CITY OF MIAMI, FLORIDA
S6 INTER -OFFICE MEMORANDUM
To Randolph B. Rosencrantz DATE: December 19, 1984 FILE:
City Manager
susiEcT: Veteran's Preference Points Cases
relating to the March 191 1979
Examination for Lieutenant of
Dean R. Mielj Police
FROM REFERENCES:
Labor Relations Officer
ENCLOSURES: One
This memorandum concerns lawsuits that have been filed by three
(3) City of Miami Police Sergeants who are Veterans and who took
a promotional examination for Lieutenant of Police on March 19,
1979. The lawsuits were filed to assert the claims of the three
Veterans that their scores on that examination should have been
augmented by Veteran's Preference Points.
The awarding of Veteran's Preference Points is governed by
Chapter 295 of the Florida Statutes. An amendment of Section
295, specifically 295.09(c), which was in effect between June 20,
1978 and July 5, 1980, provided for the awarding of Preference
Points on a ,Y Veteran's first promotion after e__m_pl�lo ent,
reinstatement, or reemployment. Before June 20, 1918t thew
provided, as it does now, that Preference Points are awarded on
the first promotion after reinstatement or reemployment only.
Because there was confusion over the applicability of the amended
Statute, the City Attorney's Office requested an opinion from the
Attorney General on the following questions:
1. Does Section 295.09, Florida Statues, as amended by Chapter
78-372, Laws of Florida, entitle eligible Veterans and other
qualified persons to receive Veteran's Preference Points on
promotional examinations regardless of whether such persons
have already been awarded Preference Points on examinations
required for entrance into employment?
2. Does Section 295.09, Florida Statues, as amended by Chapter
78-372, Laws of Florida, provide that eligible Veterans and
other qualified persons who are now entitled to Veteran's
Preference Points on promotional examinations, may apply such
Points to their first promotion since the effective date of
the amendment regardless of whether such person may have
received any earlier promotions?
84-14'
N
E
Randolph B. Rosencrantz -2- December 19, 1984
The Attorney General's opinion is summarized below:
1. Section 295.09, Florida Statutes (1978 Supp.), entitles
certain Veterans and other eligible persons to receive
Preference Points toward their first promotion after
employment, as well as after reinstatement or reemployment,
regardless of whether such persons received Preference Points
upon their entrance into employment.
2. Under Section 295.09, Florida Statutes (1978 Supp.), certain
Veterans and other eligible persons who have not yet been
awarded Veteran's Preference Points towards their promotion
as authorized under the amended Statute, are entitled to the
benefit of such Points until the receipt of the "first"
promotion under the Act regardless of whether such persons
received any prior promotions.
The City Attorney, in a legal opinion on the same questions#
rendered after the Attorney General's opinion had been received,
contradicted the Attorney General's opinion and stated the City's
position as follows:
"If a person has received a promotion after employment with
no interfering military aervice, he is not entitled to
Veteran's PK.eference Points on any other promotion." (MIA-79-
171 May 15, 1979 )
It was the City's position that the Attorney General's opinion
was advisory only and that the Attorney General had misconstrued
*-the Statute. Subsequent law suits sustained the Attorney
"- General.
We have, therefore, negotiated settlements of these lawsuits and
by the attached Resolution recommend approval of said
settlements.
DRM/pl
84-IL479