HomeMy WebLinkAboutR-82-0480RESOLUTION NO. 82-480
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE
TO PAY TO WOODROW B. HAGAN, WITHOUT THE ADMISSION
OF LIABILITY, THE SUM OF SEVEN THOUSAND FOUR
HUNDRED THIRTY TWO DOLLARS ($7,432.00) IN FULL
AND COMPLETE SETTLEMENT OF ALL CLAIMS AND DE-
MANDS AGAINST THE CITY OF MIAMI AND GERARDO
SALMAN, CONDITIONED UPON EXECUTION OF A RE-
LEASE, RELEASING THE CITY OF MIAMI AND
GERARDO SALMAN FROM ALL CLAIMS AND DEMANDS.
WHEREAS, Woodrow B. Hagan, through his attorney, filed a
claim against the City of Miami and Gerardo Salman and alleged
damages resulting from the omission to pay Mr. Hagan accumulated
sick leave and,
WHEREAS, the above claim has been investigated by the City
Attorney's Office in accordance with 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
Seven Thousand Four Hundred Thirty Two Dollars ($7,432.00).
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 Woodrow B. Hagan, without the admission of
liability, the sum of Seven Thousand Four Hundred Thirty Two
Dollars ($7,432.00) in full and complete settlement of all
claims and demands against Gerardo Salman and the City of
Miami and upon the execution of a release, releasing Gerardo
Salman and the City of Miami from all claims and demands.
PASSED AND ADOPTED this 27 day of MAY
MAURICE A. FERRE
MAYOR
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CTLPH�n.ONGIE
CLERK
PREP F6 PROVED BY:
NALD J. COHE
tASSISTANT CITY ATTORNEY
1982.
TO FORM Al1D CORRECTNESS:
C I T ATTORNEY
MEETING OF.
MAY2 7 1982
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CITY ^i 11 '.11, FI.Of fD/1
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Honorable Members of the
City Commission
Ge ' ge F . Knox, Jr )
Cie
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March 31, 1982
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Woodrow B. Hagan v. G. Salman
and the City of Miami
Circuit Court Case #80-11214(08)
Woodrow B. Hagan was employed by the City of Miami for many
years. He was dismissed, effective December 30, 1976 from
his position as a Building Inspector I. At the time of his
dismissal, he did not withdraw his contributions from the
retirement plan but was granted a service retirement. He
is presently receiving a pension. When Mr. Hagan was
dismissed, he had 800 hours ill time to his credit. The
City refused to compensate Mr. Hagan for this unused sick
leave. Apparently, the City refused to pay Mr. Hagan on
the basis of Civil Service Rule XIX, Section 3(1) of the
old Civil Service Rules which provided:
Employees with ten or more years service
who terminate employment with the City
of Miami under honorable conditions shall
receive cash payment equal to one-fourth
of his unused accumulated sick leave as de-
fined in these Rules and Regulations, un-
less a Department Head in writing recommends
against it and the Civil Service Board
- approves the Department Bead's recommendation,
Mr. Hagan filed suit against Gerardo Salman, Director of
the City of Miami Building Department and against the City
of Miami for damages equal to the monetary equivalent of
the accumulated sick leave, interest, attorney's fees and
costs.
This office has concluded that Mr. Hagan was entitled to be
compensated for the accumulated sick leave. This conclusion
is reached on the basis of Civil Service Rule XIX, Section
3(k) of the the old Civil Service Rules which provided:
All unused sick leave to the credit of
an employee who is being retired on
service retirement shall be compensated
for at time of retirement by payment for
each day of such unused sick leave to a
maximum of 120 days.
82-480
-r
r
.16
Hon. Members of the -2- March 31, 1982
City Commission
Section 3(1) deals with the payment of accumulated sick
leave for persons who resign from the City, but who do not
retire. Section 3(k) deals with retirement and commands
payment of accumulated sick leave for all those employees
who retire on service retirement. Mr. Hagan retired on
service retirement and was entitled to be paid $7,432.00 in
accumulated sick leave. The City does, however, have
available to it the defense of laches. After extensive
settlement discussions and negotiations, it has been deter-
mined that the matter can be settled for $7,432.00 (no
interest, costs or attorney's fees).
The above claim has been investigated by the City Attorney's
Office in accordance with Ordinance No. 8417 which created
the City of Miami's Self -Insurance Program. We recommend
that the attached Resolution be adopted authorizing payment
in the amount of $7,432.00.
GFK/RJC/wpc/l
cc: Gerardo Salman