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City of Miami
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Legislation
Resolution
File Number: 09-01389
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF EMPLOYEE RELATIONS TO PAY TO AUDREY CONEY -BROWN,
EUNICE COOPER, KEITH CUNNINGHAM, NATHAN DANIELS, CURTIS
HOOSIER, LARRY JACKSON, KEITA KWAME, LAMEL LATTIMORE, JAMES H.
MARSHALL, TRACEY MARTIN, ANITA NAJIY-NARCISSE, ROBERT RAMBO,
LAWSON SUTTON, CAROLE THONY AND RUFUS WILLIAMS IN THE CASE OF
ANITA NAJIY ET AL V. CITY OF MIAMI, CASE NO. 04-14936 CA 05 RELATING
TO THE DEVELOPMENT AND ADMINISTRATION OF THE APRIL 27, 2000
POLICE LIEUTENANT EXAMINATION AN AMOUNT NOT TO EXCEED
$100,000.00, FROM WHICH ATTORNEY'S FEES WILL ALSO BE PAID TO
DONNA BALLMAN, P.A; ALLOCATING FUNDS FROM ACCOUNT NO.
00001.980000.531010.0000.00000.
WHEREAS, Audrey Coney -Brown, Eunice Cooper, Keith Cunningham, Nathan Daniels, Curtis
Hoosier, Larry Jackson, Keita Kwame, Lamel Lattimore, James H. Marshall, Tracey Martin, Anita
Najiy-Narcisse, Robert Rambo, Lawson Sutton, Carole Thony and Rufus Williams (the
"employees/plaintiffs") brought suit in the Circuit Court of the Eleventh Judicial Circuit, in and for
Miami -Dade County, Florida, Case No. 04-14936 CA 05 concerning the development and
administration of the April 2000 Police Lieutenant promotional examination; and
WHEREAS, the City Attorney's Office has investigated this claim and lawsuit and recommends
that said claim and lawsuit be settled for a total amount not to exceed the sum of $100,000.00; and
WHEREAS, pursuant to the proposed settlement, the employees/plaintiffs will execute releases
discharging the City of Miami and any of its agents, officers, or employees from any and all claims of
any kind that are related in any way to the development and administration of the April 27, 2000
Police Lieutenant examination; and
WHEREAS, the City agrees that vendors preparing future police promotional examinations will
use assessors who have experience as sworn law enforcement officers and have been adequately
trained;
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 Employee Relations is authorized to pay Audrey Coney -Brown,
Eunice Cooper, Keith Cunningham, Nathan Daniels, Curtis Hoosier, Larry Jackson, Keita Kwame,
Lamel Lattimore, James H. Marshall, Tracey Martin, Anita Najiy-Narcisse, Rober Rambo, Lawson
Sutton, Carole Thony and Rufus Williams in the case of Anita Najiy et al v. City of Miami, Case No. 04-
C4 of Miami Page I of 2
File Number. 09-01389
14936 CA 05, relating to the development and administration of the April 27, 2000 Police Lieutenant
Examination, in an amount not to exceed $100,000.00, from which attorney's fees will also be paid to
Donna Ballman, P.A., with funds allocated from Account No. 00001.980000.531010.0000.00000.
Payment of the amount to be made as follows:
a) Those named employees/plaintiffs who are actively employed shall receive a (final)
retroactive pay increase of $5,333.00 lump sum ($ 2.5639 per hour) within 30 days of the effective
date of this resolution. This retroactive pay adjustment may be deemed as part of the
employee's/plaintiffs final average compensation for pension benefit calculations, minus appropriate
deductions, provided the funds are received by the employees/plaintiffs during the period used by
FIPO to calculate average final compensation.
b) Those named empioyees/plaintiffs who retired (including entry into DROP) prior to the City
Commission's adoption of this Resolution shall also be entitled to receive a (final) retroactive pay
increase of $ 2.5639 per hour ($ 5,333.00 lump sum) for the year immediately preceding his/her
retirement. This retroactive pay adjustment shall be deemed as part of the employee's/plaintiffs
average final compensation for pension benefit calculations, minus appropriate deductions. The
employee/plaintiffs hourly rate shall be adjusted accordingly.
c) The Director of Employee Relations is authorized to pay the sum of $5,333.00 to each
employee/plaintiff as lump sum back pay, minus appropriate deductions in full and complete
settlement of any and all claims and demands against the City of Miami, its departments, agencies,
instrumentalities, officials, officers, agents, servants and employees, in the case of Anita Najiy et al
vs. the City of Miami, in the Circuit Court of the Eleventh Judicial Circuit, in and for Miami -Dade
County, Florida, Case No. 04-14936 CA 05, upon the execution by the affected employees, of a
general release of the City of Miami, its departments, agencies, instrumentalities, officials, officers,
agents, servants and employees, from any and all claims and demands, and a dismissal with
prejudice, on forms acceptable to the City Attorney, with funds allocated from Account No.
00001.980000.531010.0000.00000.
d) The City shall pay to Donna Ballman, Esq., the sum of $20,000.00 for attorneys fees.
Section 3. All payments shall be issued within 30 days following the effective date of this
Resolution.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1 }
APPROVED AS TO FORM AND CORRECTNESS°'
JULIE O. SRU q�
CITY ATTORNEY
{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 ofMiami Page 2 of 2 Printed On • 1/5/2010