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HomeMy WebLinkAboutLEGISLATIONFile number: 10-00994 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 FINANCE TO PAY JEFFREY KEATING, RICH HERSH, BONNIE REDDING, JASON KOTOCH AND RAYMOND DEL PAPA, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $130,000 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 JEFFREY KEATING, ET AL. VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. - 07 -23005 -CIV -MARTINEZ, 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 ACCOUNT NO. 05002.301001.545000.0000.00000. WHEREAS, Jeffrey Keating, et al., and the City of Miami, et al., are engaged in litigation in the United States District Court, Southern District of Florida, Case Nos.: 07 -23005 -Civ -Martinez, 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 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 $130,000; 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 Jeffrey Keating, Rich Hersh, Bonnie Redding, Jason Kotoch and Raymond Del Papa, without admission of liability, the aggregate total sum of $130,000 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 Jeffrey Keating, et al. v. City of Miami, et al., pending in the United States District Court, Southern District of Florida, Case No. 07 -23005 -Civ -Martinez, 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 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 1 of 2 File Id: 10-00994 (Version: 1) Printed On: 8/23/2010 City of Miami 11 .IYCYii. 0UT1Y Y Legislation Resolution File number: 10-00994 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 FINANCE TO PAY JEFFREY KEATING, RICH HERSH, BONNIE REDDING, JASON KOTOCH AND RAYMOND DEL PAPA, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF $130,000 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 JEFFREY KEATING, ET AL. VS. CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO. - 07 -23005 -CIV -MARTINEZ, 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 ACCOUNT NO. 05002.301001.545000.0000.00000. WHEREAS, Jeffrey Keating, et al., and the City of Miami, et al., are engaged in litigation in the United States District Court, Southern District of Florida, Case Nos.: 07 -23005 -Civ -Martinez, 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 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 $130,000; 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 Jeffrey Keating, Rich Hersh, Bonnie Redding, Jason Kotoch and Raymond Del Papa, without admission of liability, the aggregate total sum of $130,000 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 Jeffrey Keating, et al. v. City of Miami, et al., pending in the United States District Court, Southern District of Florida, Case No. 07 -23005 -Civ -Martinez, 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 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 1 of 2 File Id: 10-00994 (Version: 1) Printed On: 8/23/2010 File Number: 10-00994 APPROVED AS TO FORM AND CORRECTNESS: JULIE 0. 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. GO, of [Miami Page 2 of 2 File Id. 10-00994 (Version: I) Printed Ora: 812312010