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City of Miami
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Legislation
Miami, FL 33133
www.miamigov.com
Resolution
File Dumber: 10-00993
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY AGUSTIN GARCIA $33,000, MARYARA
CAMACHO $25,000 AND PANISSE PADILLA $25,000, WITHOUT ADMISSION
OF LIABILITY, THE AGGREGATE SUM TOTALLING $83,000 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
AGUSTIN GARCIA, ET AL. VS. CITY OF MIAMI, PENDING IN THE ELEVENTH
JUDICIAL CIRCUIT OF FLORIDA, CASE NO.:05-19016 CA -22, UPON THE
EXECUTION OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS,
AND A DISMISSAL OF THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING
FUNDS FROM ACCOUNT NO. 05002.301001.545000.0000.00000.
WHEREAS, Agustin Garcia, et al., and the City of Miami, are engaged in litigation in the
Eleventh Judicial Circuit of Florida, Case No.: 05-19016 CA -22, concerning the claimants'
treatment by the Miami Police Department on January 4, 2002; and
WHEREAS, the City Attorney's Office has investigated these claims and 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 $83,000;
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 Agustin Garcia $33,000, Maryara
Camacho $25,000 and Panisse Padilla $25,000, without admission of liability, the aggregate sum
totalling $83,000 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 Agustin Garcia, et al. v. City of Miami, pending in the Eleventh Judicial Circuit of Florida,
Case No. 05-19016 CA -22, upon the execution of general releases of all Claims and demands, and
a dismissal of the City of Miami, with prejudice, with funds allocated from Account No.
05002.301001.545000.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor. {1}
City of Miami Page I of 2 File Id. I0-00993 (Version: I) Printed On: 8/26/2010
File Number; 10-00993
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. B U
CITY ATTORNEY143 j V
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 File Id. 10-00993 (Version: 1) Printed On: 8126/2010