HomeMy WebLinkAboutCover MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and
FROM: Jorge L. Fernandez,
DATE: July 15, 2005
RE:
embers of e City Commission
orney
Proposed Settlement for City Commission Agenda — July 28, 2005
Daisy Montes v. City of Miami, United States District Court
Case No. 03-20065-CIV-GOLD/SIMONTON (File No. 05-00679)
The attached proposed Resolution seeks authorization for the sum of $175,000 to be paid
to the trust account of Michael Feiler, Esq., in settlement of all claims by Daisy Montes against
the City of Miami, its officers, agents and employees in the above -referenced lawsuit.
The Plaintiff brought suit alleging sexual harassment and retaliation under Title VII of
the Civil Rights Act, and Chapter 760, Florida's Civil Rights Act. The sexual harassment claim
was based on comments and propositions allegedly made by her supervisor. The retaliation claim
was based on actions taken after she complained. Because the retaliation claim included so
many alleged situations, the City was faced with the maximum damages cap of $300,000, plus
attorney's fees, and additional claims by the employee.
The parties were able to reach agreement by payment of $175,000, including attorney's
fees, and the Plaintiff's resignation from the City. This considerably reduces the City's exposure
on this case, and the possibility of future claims by her.
Additionally, the City will also be implementing on -site diversity training with the Police
Department.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the amount of $175,000 will be
allocated from the Self -Insurance and Insurance Trust Fund, Index Code No.
515001,624401.6.661.
Attachment(s)
W1218:cg:MVT
cc: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
Guy Hine, Branch Manager, Gallagher Bassett
John F. Timoney, Chief of Police