HomeMy WebLinkAboutR-79-0119MIAMI, FLORIDA:
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2-9-79
RESOLUTION NO. 7 9- 1 1 9
A RESOLUTION AUTHORIZING THE DIRECTOR OF
T`v�FINANCE TO PAY TO JOSE M. FRANQUI, THE
�{; SUPI OF $9,000, UNDER THE TERMS AND
1�C V p P C CONDITIONS AGREED UPON IN THE CONCILIATION
VO v' 1 MEN
�{ G �v.1 S AGREEMENT ENTERED INTO BETWEEN JOSE M.
Dv ,jt�- 7 FRANQUI AND THE CITY OF MIAMI, IN FULL AND
FOLLOW' DEMANDSCOMPLETND
I AGAINST rITHE CITYENT OF I OFL CMIAMI, LAIMS AIN A
GRIEVANCE BEFORE THE SOUTH FLORIDA EMPLOY-
MENT AND TRAINING CONSORTIUM.
WHEREAS, JOSE M. FRANQUI, was dismissed from employment with the City
of Miami in June 28, 1977 for physical incapacities which prevented him
from carrying out the duties of his position, and
WHEREAS, JOSE M. FRANQUI, filed a grievance complaint with the South
Florida Employment and Training Consortium, alleging that he was not
incapacitated from performing his duties, and seeked back pay and re-
instatement, and
WHEREAS, JOSE M. FRANQUI, has agreed to accept the sum of $9,000
in full and complete satisfaction of his claim, and
WHEREAS, it is advantageous to the City of Miami to pay this sum to
avoid further exposure;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
"DOCUMENT I,�DEX
ITEM Section 1. That the Director of Finance is hereby a!hQi€—ta pay
to JOSE M. FRANQUI, the sum of $9,000, under the terms and conditions agreed
upon in the conciliation agreement entered into between JOSE M. FRANQUI and
the CITY OF MIAMI, in full and complete settlement of all claims and demands
against the CITY OF MIAMI, in a grievance before the South Florida Employ-
ment and Training Consortium.
PASSED AND ADOPTED this 96 day of FEBRUARY , 1979.
ATTEST:
MAURICE A. FERRE.
MAYO R
umoti ra.
cry COMMISSION
MEETING OF
JI
79-�11
PREPARED AND APPROVED BY:
r11
Y
MICHAEL HAYGOOD'
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
-.sr IIIIM
G ORG4i . KNOX, JR.
CITY • TORNEY
"SUPPORTIVE
DOCUMENTS
FOLLOW"
TO:
r4:.M
38
HONORABLE MEMBERS OF
THE CITY COMMISSION
eo •. nox,
Cit ttorney
/
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
DATE. February 8, 1979
SUOJECT.
FILE:
Settlement of Jose M. Franqui's
CETA Grievance
REFCRE.NCtG•
.CL�suRrg:
Jose M. Franqui was a former CETA employee of the Department of Parks and
Recreation, City of Miami. Mr. Franqui was dismissed on June 28, 1977. The
basis of Mr. Franqui's dismissal was that he had an arthritic knee that in-
capacitated him from carrying on the duties of his position.
Mr. Franqui filed a complaint with both the South Florida CETA Consortium and
the Equal Employment Opportunity Commission. The basis of Mr. Franqui's
complaint before the EEOC was that he had been discriminated against on the
basis of his race and being dismissed by the City. The EEOC found there to
be no such discrimination.
Mr. Franqui's complaint to CETA was for both discrimination on the basis of
race and an allegation that he was not, in fact, incapacitated from carrying
on his duties. Mr. Franqui sought hack pay and reinstatement.
After reviewing the facts and documents in connection with this case, it is
the Law Department's belief that this case should be settled for $9,000. This
amount represents part of the back pay that Mr. Franqui would have been
entitled to had he been successful with his claim.
In consideration of the amount of $9,000, Mr. Franqui has agreed to drop his
claim for reinstatement and any other back pay to which he might be entitled.
GFK:MH:eb
Attachment
cc: Joseph R. Grassie
City Manager
Dean R. Mielke
Labor Relations Ofcr.
Jack Bond
Assistant City Manager
7 9 - 1 1 9