HomeMy WebLinkAboutcover memoCITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
DATE: June 15, 2004
RE: Proposed Settlement — City Commission Meeting of June 24, 2004
AFSCME, Local 1907, Charles Cox vs. City of Miami
Case No.: 99-00620 CA 30 (File No. 04-00631)
The attached proposed Resolution seeks authorization to pay $60,000 to Plaintiffs'
attorney, Ronald Cohen, Esquire for attomey's fees and costs to settle all claims against the City
of Miami, its officers, agents, and employees, in the above referenced case.
AFSCME initiated this litigation alleging the City had exceeded the number of
unclassified positions authorized by the Charter. Judge Levenson ruled that the City. had
exceeded its authority under the Charter by increasing the number of unclassified positions
without the necessary Charter amendment.
The City tentatively agreed, at mediation, to a phased -in conversion of the disputed
positions so that the City could control the procedures used to implement the Court's
determination that the numbers were to be reduced. In exchange for AFSCME's agreement to a
two-year implementation, the Union demanded that the City pay $90,000 in attomey's fees and
costs as a sanction for the City's continued hiring of excess unclassified employees after Judge
Levenson's ruling. The parties reached an agreement on compromised attomey's fees of
$60,000, inclusive of costs. Settlement of this issue is also recommended because $60,000 is
reasonable for the extensive litigation in this case.
Funds, in the amount of $60,000, will be allocated from the Self -Insurance and Insurance
Trust Fund, Index Code No. 515001.624401.6.661.
W1059:MVT
Attachment(s)
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
Guy Hine, Branch Manager, Gallagher Bassett