HomeMy WebLinkAboutMemondumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney3A_
DATE: December 14, 2023
RE: City Commission Meeting — December 14, 2023
Proposed Settlement regarding the matter of Dana Carr v. City of Miami.
Case No.: 21-CV-22719-DPG
File No.: 15064
The attached proposed Resolution seeks authorization for full and final
settlement of all claims asserted against the City of Miami ("City") by former Police
Major Dana Carr ("Carr"), inclusive of attorney's fees and costs. The settlement amount
is four -hundred -thousand -dollars ($400,000.00).
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the above amount will be
paid from the General Liability Account No. 50001.301001.545013.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/KRJ/SKP
City of Miami
Legislation
Resolution
Enactment Number: R-23-0538
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15064 Final Action Date:12/14/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY DANA CARR FOUR -HUNDRED -THOUSAND -DOLLARS
($400,000.00) AND OTHER NON -MONETARY RELIEF, IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY HER, INCLUDING ALL
CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS,
AGENTS, AND EMPLOYEES IN THE CASE OF DANA CARR VS. CITY OF MIAMI,
CASE NO. 21-CV-22719-DPG, PENDING IN THE UNITED STATES DISTRICT
COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, UPON THE EXECUTION OF
A GENERAL RELEASE OF HER CLAIMS AND DEMANDS, AND A DISMISSAL OF
HER CLAIMS AGAINST THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING
FUNDS FROM GENERAL LIABILITY ACCOUNT NO.
50001.301001.545013.0000.00000.
WHEREAS, Dana Carr and the City of Miami ("City") are engaged in litigation in the
United States District Court for the Southern District of Florida, Case No. 21-CV-22719-DPG;
and
WHEREAS, the City Attorney's Office has investigated these claims and the lawsuit
pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as
amended, and recommends that the claims of Dana Carr be settled for the lump sum of four -
hundred -thousand -dollars ($400,000.00) including all claims for attorneys' fees and costs, and
the nonmonetary condition of rescinding Carr's evaluation for the time period of 10/6/2019 to
1/7/2020;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Director of Finance is authorized1 to pay Dana Carr, without admission of
liability, four -hundred -thousand -dollars ($400,000.00) and other non -monetary relief, in full and
complete settlement of any and all claims and demands, including all claims for attorneys' fees,
in exchange for dismissal of all claims against the City, its officers, agents, and employees in
the case of Dana Carr vs. City of Miami, Case No.21-CV-22719-DPG, pending in the United
States District Court for the Southern District of Florida, upon the execution of a general release
of all her claims and demands and a dismissal of her claims against the City with prejudice.
Section 3. Funds are allocated from General Liability Account No.
50001.301001.545013.0000.00000.
The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 11/2272023
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.