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Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
File Number: 07-01252
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY BENTLEY KILLMON, JARED ALDRICH, PAUL:
BAME, STEFANO BLOCH, STEVEN DIAMOND, COLLEEN FLYNN, FARAH -
FOSSE, GAN GOLAN, ERNESTO LONGA, MICHAEL MCLEAN, DAVID
MITCHELL, JAMES MOORBY, MICHAEL PITULA, LAUREL RIPPLE, CYNTHIA
ROSIN, CALEB SELMAN, AUSTIN STEWART, MIKEL STONE,, IVAN WELANDER,.
VICTORIA WELLE, AND LARRY WINAWER, WITHOUT ADMISSION OF
LIABILITY, THE AGGREGATE TOTAL ,SUM OF $166,000 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 BENTLEY
KILLMON, ET AL. VS. CITY OF MIAMI, PENDING IN THE UNITED STATES..
DISTRICT COURT, SOUTHERN DISTRICT OF FLORIDA, CASE NO.: -
04-20707-CIV-ALTONAGA, 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 THE SELF-INSURANCE AND INSURANCE TRUST FUND, INDEX
CODE NO. 05002.301001.545000.0000.00000.
WHEREAS, Bentley Killmon, 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.: 04-20707-Civ-Altonaga,
concerning the claimants' alleged treatment by the Miami Police Department 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 $166,000;
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 Bentley Killmon, Jared Aldrich, Paul
Bame, Stefano Bloch, Steven Diamond, Colleen Flynn, Farah Fosse, Gan Golan, Ernesto Longa,
Michael Mclean, David Mitchell, James Moorby, Michael Pitula, Laurel Ripple, Cynthia Rosin, Caleb
Selman, Austin Stewart, Mikel Stone, Ivan Welander, Victoria Welle, and Larry Winawer, without
admission of liability, the aggregate total sum of $166,000 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 Bentley Killmon, et al. v. City of Miami, et al., pending in the
United States District Court, Southern District of Florida, Case No. 04-20707-Civ-Altonaga, upon the
City of Miami
Page 1 of 2 Printed On: 10/1/2007
• File Number: 07-01252
execution of general releases of all claims and demands, and a dismissal of the City of Miami, and all
individual City defendants, with prejudice, with funds allocated from the Self -Insurance and Insurance
Trust Fund, Index Code No. 05002.301001.545000.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
APPROVE ' S TO FORM AND CORRECTNESS:
JORG L. ERNANDEZ
CITY •,RNEY
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
City of Miami Page 2 of 2 Printed On: 10/1/2007