HomeMy WebLinkAboutLegislationFile Number: 09-00957
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY HOLLEY RAUEN AND NIKKI HARTMAN,
WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF
$95,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY
OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED
HOLLEY RAUEN AND NIKKI HARTMAN VS. CITY OF MIAMI, PENDING IN THE
UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE
NO.: 06-21182-CIV-ALTONAGA, UPON THE EXECUTION OF GENERAL
RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY
OF MIAMI AND ALL INDIVIDUAL CITY DEFENDANTS WITH PREJUDICE;
ALLOCATING FUNDS FROM THE SPECIAL PAY ACCOUNT NO.
05002.301001.515000.0000.00000.
WHEREAS, holley Rauen and Nikki Hartman, and the City of Miami, et al., are engaged in
litigation in the United States District Court, Southern District of Florida, Case Nos.:
06-21182-Civ-Altonaga, concerning the claimants' treatment by the Miami Police Department, and
other agencies, during the FTAA Ministerial Meetings in November of 2003; 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 sum of $95,000;
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 authorized to pay Holley Rauen and Nikki Hartman,
without admission of liability, the aggregate total sum of $95,000 in full and complete settlement of any
and all claims and demands, including attorney's fees and costs, against the City of Miami, its agents,
officers and employees, in the case of Holley Rauen and Nikki Hartman v. City of Miami, et al.,
pending in the United States District Court, Southern District of Florida, Case No. 06-21182
-Civ-Altonaga, upon the execution of general releases of all claims and demands, and a dismissal of
the City of Miami, and all individual City employee defendants, with prejudice, with funds allocated
from the Special Pay Account No. 05002.301001.515000.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
City of Miami Page I of 2 Printed On: 8/28/2009
City of Miami
City Hall
3500 Pan American
A �
Drive
r c?
Legislation
Miami, FL 33133
ofc�,f�4
www.miamigov.com
Resolution
File Number: 09-00957
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY HOLLEY RAUEN AND NIKKI HARTMAN,
WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF
$95,000 IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND
DEMANDS, INCLUDING ATTORNEY'S FEES AND COSTS, AGAINST THE CITY
OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES, IN THE CASE STYLED
HOLLEY RAUEN AND NIKKI HARTMAN VS. CITY OF MIAMI, PENDING IN THE
UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE
NO.: 06-21182-CIV-ALTONAGA, UPON THE EXECUTION OF GENERAL
RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF THE CITY
OF MIAMI AND ALL INDIVIDUAL CITY DEFENDANTS WITH PREJUDICE;
ALLOCATING FUNDS FROM THE SPECIAL PAY ACCOUNT NO.
05002.301001.515000.0000.00000.
WHEREAS, holley Rauen and Nikki Hartman, and the City of Miami, et al., are engaged in
litigation in the United States District Court, Southern District of Florida, Case Nos.:
06-21182-Civ-Altonaga, concerning the claimants' treatment by the Miami Police Department, and
other agencies, during the FTAA Ministerial Meetings in November of 2003; 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 sum of $95,000;
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 authorized to pay Holley Rauen and Nikki Hartman,
without admission of liability, the aggregate total sum of $95,000 in full and complete settlement of any
and all claims and demands, including attorney's fees and costs, against the City of Miami, its agents,
officers and employees, in the case of Holley Rauen and Nikki Hartman v. City of Miami, et al.,
pending in the United States District Court, Southern District of Florida, Case No. 06-21182
-Civ-Altonaga, upon the execution of general releases of all claims and demands, and a dismissal of
the City of Miami, and all individual City employee defendants, with prejudice, with funds allocated
from the Special Pay Account No. 05002.301001.515000.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
City of Miami Page I of 2 Printed On: 8/28/2009
File Number.• 09-00957
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 8/28/2009