HomeMy WebLinkAboutMemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayo + . nd Members of the City Commission
FROM: Jorge L. Fernai - .® ity Attorney]
DATE: August 29, 005
RE:
Proposed Settlement for City Commission Meeting — September 8, 2005
Sarah Eaton vs. City of Miami, Clain No.: 000757-052576-EO-01
(File No. 05-00903)
The attached proposed Resolution seeks authorization to pay Sarah Eaton $78,849.09, in
settlement of all claims against the City of Miami, its officers, agents and employees in the
above -referenced liability claim.
The Claimant was initially employed in 1981 under a professional services agreement as
an independent contractor. The agreement treated her as if she were an employee, but excluded
her from the pension and certain other benefits. It also imposed on her the responsibility of
paying all taxes. She was later given a classified position (Planner II), and was then appointed as
the Preservation Officer. Her personnel file reveals good evaluations and no disciplinary
actions. She is 55 years old, and has 27 years of experience. She has been replaced by an
employee who is 32 years old, with 7 years of experience.
The Claimant's attorney has asserted a claim based on her exclusion from the pension
during her employment under the professional services agreement. The City could also face a
claim for age discrimination. The parties were able to reach a tentative settlement whereby the
Claimant will separate from the City, and the City will contribute the balance needed to purchase
three additional years of pension service pursuant to the City Code ($78,849.09, from which
taxes will also be paid).
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 $78,849.09 will be
allocated from the Self -Insurance and Insurance Trust Fund, Index Code No.
515001.624401.661.
W 1229: MVT
Attachment(s)
cc: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator
Guy Hine, Branch Manager, Gallagher Bassett