HomeMy WebLinkAboutMemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM: Victoria Mendez, City Attorney 3
DATE: February 22, 2024
RE:
Honorable Mayor and Members of the City Commission
Settlement for City Commission Meeting — February 28, 2024
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
File No.: 15498
The attached proposed Resolution seeks monetary authorization to settle the
matter of 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.
The Office of the City Attorney has investigated and evaluated this case and
recommends settling this case for $45,000.00 so that the total sum may be paid to the
Plaintiff's attorneys and the Plaintiff, to be divided amongst themselves consistent with
their agreements. Funds in the above amount will be paid from the General Liability
Account No. 50001.301001.545010.0000.00000.
Attachment(s)
cc: Arthur Noriega, V, City Manager
Miriam Santana, Agenda Coordinator
City of Miami
Legislation
Resolution
Enactment Number: R-24-0077
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.
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, ity Attor ey 2/12/2024
Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.
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.