HomeMy WebLinkAboutR-79-08301—
RESOLUTION NO.} 7 9- 8 3 0 /
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO
PAY TO JOSE BALSA, WITHOUT THE ADMISSION OF LIABILITY,
THE SUM OF NINETY-FIVE HUNDRED ($9,500.00) DOLLARS,
IN FULL AND COMPLETE SETTLEMENT OF HIS CLAIM AGAINST
THE CITY OF MIAMI, AND CERTAIN OF ITS EMPLOYEES, FOR
DAMAGES SUFFERED FOR ALLEGED. DISCRIMINATION.
WHEREAS, the Plaintiff, JOSE BALSA, filed an action against the
CITY OF MIAMI and certain of its employees, in Federal District Court,
Case No. 76-1209-Civ-SMA, alleging that JOSE BALSA suffered damages for
alleged discrimination; and
WHEREAS, this claim has been investigated by the Office of the City
Attorney, and after considerable negotiations with the attorneys for the
Plaintiff, a settlement in the amount of Ninety -Five Hundred ($9,500.00)
Dollars would be acceptable to the Plaintiffs; and
WHEREAS, the Office of the City Attorney recommends that this lawsuit
be settled for the sum of Ninety -Five Hundred ($9,500.00) Dollars, which
includes lost wages plus interest, attorney fees, and court costs;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA. ,
"D"DOCUMENT^INDEX
T �� tt .11
Section 1. That the Director of Finance is heTeylauthorIze an
directed to pay to JOSE BALSA, without the admission of liability, the
sum of Ninety -Five Hundred ($9,500.00) Dollars, in full and complete
settlement of his claim against the CITY OF MIAMI and certain of its
employees.
PASSED AND ADOPTED this 5th day of. December
1979.
"SUPPORTIVE
DOCUMENTS
FOLLOW
RALPG . ONGIE
ITY CLERK
Maurice A. Ferre
MAYOR
CITY COMMISSION 1
MEETING OF
DEC5 .19i9
onoumoN Z. 4. - 8 3 0
MARVA
...............
PREPARED AND APPROVED BY:
J. MICHAEL HAYGOOD
ASSISTANT CITY ATTORN
APPROVED AS TO FORM AND CORRECTNESS:
"Si PPORTR/E
FOLLOW"
The Honorable Members
of the City Commission
413 Ea! 21 Pi=1 4 22
November 17, 1979
Balsa v. City of Miami, et al.
Case No. 76-1209-Civ-SMA
Plaintiff, Jose Balsa, was originally employed by the City as:a
CETA employee in the Department of Property Maintenance. Mr. Balsa was
dismissed from the position allegedly for failure to satisfactorily
perform his assigned duties.
Mr. Balsa, approximately four months later, filed a claim with the
City's. Office of Affirmative Action alleging that he had been discrimi-
nated against based on his national origin. His claim was investigated
and referred to an affirmative action committee. The committee found
that Mr. Balsa had been discriminated against.
Mr. Balsa was subsequently rehired by the City as a CETA employee
in a different Department. On July 21, 1976, Mr. Balsa filed suit in
Federal Court alleging that he had been discriminated against and had
suffered a loss of wages during the period that he was not working, pain
and suffering and punitive damages.
Even though the City's initial dismissal might have been justified,
his rehiring would have given the inference that the City acknowledged
that it was not. This would have'been a jury trial and therefore this
count would have been very troublesome for the City.
The City, if the Plaintiff had been successful onany count, would
have also been responsibi.le for court costs and attorney's fees. During
the last three (3) years, litigation has been heavy and involved.
Based on the foregoing, it is this office's opinion that the suit
be settled for $9,500.00 in full settlement of the case.
GFK: JPtH : wpc
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