HomeMy WebLinkAboutR-24-0077City of Miami
Resolution R-24-0077
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15498 Final Action Date: 2/22/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY PLAINTIFF WILLIE WHITE AND HIS
ATTORNEYS, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF
$45,000.00 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES,
AGAINST THE CITY OF MIAMI ("CITY") AND ITS OFFICERS, AGENTS, AND
EMPLOYEES IN THE CASE STYLED WILLIE WHITE VS. CITY OF MIAMI,
PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN
DISTRICT OF FLORIDA, CASE NO. 23-CV-24783-FAM, UPON THE
EXECUTION OF A JOINT STIPULATED GENERAL RELEASE OF ALL CLAIMS
AND DEMANDS BROUGHT UNDER 42 U.S.C. § 1983 PENDING IN FEDERAL
COURT AND A DISMISSAL OF THE CITY AND ITS OFFICERS, AGENTS, AND
EMPLOYEES WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT
NO. 50001.301001.545010.0.0.
WHEREAS, Willie White ("Plaintiff') and the City of Miami ("City") are engaged in
litigation in United States District Court for the Southern District of Florida, Case No. 23-CV-
24783-FAM, concerning the constitutionality of Plaintiff's arrests under Section 37-8 of the Code
of the City of Miami, Florida, as amended ("City Code") for panhandling in certain zones; 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 said claims and lawsuit be settled for the total aggregate sum
of $45,000.00, including the claims for attorneys' fees, and that the total sum of $45,000.00 be
paid into the Trust Account for the Florida Justice Institute so that the total sum may be divided
amongst Counsel for Plaintiff and Plaintiff consistent with their own agreements; and
WHEREAS, The monetary amount shall not be released without a general waiver of
liability, signed by the Plaintiff, settling all claims against the City and upon the repeal of Section
37-8 of the City of Miami Code of Ordinances; and
WHEREAS, As part of the settlement, the City will take all necessary actions to repeal
Section 37-8 of the City of Miami Code of Ordinances, which will be done by separate legislative
action of the City Commission;
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 fully set forth in this Section.
City of Miami Page 1 of 2 File ID: 15498 (Revision:) Printed On: 2/27/2024
File ID: 15498 Enactment Number: R-24-0077
Section 2. The Director of Finance is authorized' to pay Plaintiff and his attorneys,
without admission of liability to the City, the total sum of $45,000.00, so that Willie White and his
attorneys may divide the total sum amongst themselves consistent with their own agreements,
in full and complete settlement of any and all claims and demands, including all claims for
attorneys' fees, against the City and its officers, agents, and employees in the case styled Willie
White v. City of Miami, pending in the United States District Court for the Southern District of
Florida, Case No. 23-CV-24783-FAM, upon the execution of a joint stipulated general release of
all claims and demands brought for alleged violations of civil rights pending in federal court and
a dismissal of the City and its officers, agents, and employees with prejudice.
Section 3. Funds to be allocated from Account No. 50001.301001.545010.0000.00000.
Section 4. The Director of Finance shall not release any funds for settlement purposes
unless and until the Miami City Commission has repealed Section 37-8 of the City of Miami
Code of Ordinances.
Section 5. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City tton
ey ) 2/12/2024
1 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.
City of Miami Page 2 of 2 File ID: 15498 (Revision:) Printed on: 2/27/2024