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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: George K. Wysong III, City Attorney 767 X t DATE: April 11, 2024 RE: City Commission Meeting — April 11, 2024 Full and Final Settlement regarding the matter of Fraternal Order of Police, Miami Lodge No. 20, and Alfredo Vega, et al., v. City of Miami. Case No. 98-7760-CA-01 File No. 15720 The attached proposed Resolution seeks authorization for full and final settlement of all claims asserted against the City of Miami ("City") by Dwayne Pratt and Julius Nelson for fifty -thousand -dollars ($50,000.00) each. This settlement will fully settle this case and dismiss all claims against the City, with prejudice. The above referenced action was brought by the Fraternal Order of Police, Alfredo Vega, seven (7) original intervenors and twenty-five (25) later intervenors based on an allegation that the City issued a faulty promotional exam in 1994 for the rank of sergeant. The Court found that the exam was faulty and has instructed the parties to proceed to a damages -only trial. Pratt alleges he has suffered $535,800.45 in damages and Nelson alleges he has suffered $510,214.89 in damages. The City computes each plaintiff's damages around the value of the settlement. If this settlement is approved, there are no further remaining plaintiffs in this case, and the case is resolved in full. The Office of the City Attorney has investigated and evaluated this case and has approved the recommendation of this settlement. Funds in the above amount will be paid from the General Liability Account No. 50001.301001.545013.0000.00000. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator VM/JAG/SKP City of Miami Legislation Resolution Enactment Number: R-24-0142 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15720 Final Action Date:4/11/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY JULIUS NELSON AND DWAYNE PRATT FIFTY -THOUSAND - DOLLARS ($50,000.00) EACH, FOR A TOTAL AMOUNT OF ONE -HUNDRED - THOUSAND -DOLLARS ($100,000), WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY PRATT AND NELSON, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF FRATERNAL ORDER OF POLICE, MIAMI LODGE NO. 20, AND ALFREDO VEGA, ET AL. V. CITY OF MIAMI, CASE NO. 98-7760-CA-01, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, UPON THE EXECUTION OF A GENERAL RELEASE OF THEIR CLAIMS AND DEMANDS, AND A DISMISSAL OF THEIR CLAIMS AGAINST THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000. WHEREAS, Julius Nelson and Dwayne Pratt are engaged in litigation in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 98-7760-CA- 01, concerning a faulty promotional examination given by the City of Miami ("City") in 1994; 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 the claims of Dwayne Pratt be settled for fifty -thousand -dollars ($50,000.00) and the claims of Julius Nelson be settled for fifty -thousand -dollars ($50,000.00), for a total of one -hundred -thousand -dollars ($100,000.00), with said amount including all claims for attorney's fees and costs; 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 Dwayne Pratt fifty -thousand - dollars ($50,000.00) in full and complete settlement of any and all claims and demands, including all claims for attorneys' fees and costs, against the City, its officers, agents, and employees in the case of Fraternal Order of Police, Miami Lodge No. 20, and Alfredo Vega, et al. v. City of Miami, Case No. 98-7760-CA-01, pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, upon the execution of general releases of all his claims and demands and a dismissal of his claims against the City with prejudice and is further authorized' to pay Julius Nelson fifty -thousand -dollars ($50,000.00) in full and complete 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. settlement of any and all claims and demands, including all claims for attorneys' fees and costs, against the City, its officers, agents, and employees in the case of Fraternal Order of Police, Miami Lodge No. 20, and Alfredo Vega, et al. v. City of Miami, Case No. 98-7760-CA-01, pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, upon the execution of general releases of all his claims and demands and a dismissal of his claims against the City with prejudice. Section 3. Funds are allocated from General Liability Account No. 50001.301001.545013.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 3/18/2024 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.