HomeMy WebLinkAboutMemorandum from the Office of the City AttorneyCITY OF MLAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: The Honorable Mayor and Members of the City Commission
FROM: Julie O. Bru, City Attorney---2A —47
DATE: April 1, 2011
RE: Proposed Resolution for City Commission Meeting — April 14, 2011
Authorizing the City Attorney to pursue pre -suit remedies and/or seek
declaratory and injunctive relief against Miami -Dade County and all
necessary bodies to enjoin enforcement of the Miami -Dade County
Discrimination Ordinance, Section 11A et seq., against the City of Miami
The attached proposed Resolution seeks authorization for suit against Miami -Dade
County and any necessary bodies to enjoin enforcement of the County discrimination Ordinance
against the City of Miami.
The Miami -Dade County Commission on Human Rights, formerly the County Equal
Opportunity Board, investigates claims of discrimination against private and public entities,
including the City of Miami. The County Ordinance, Sections 11A et seq., empowers the
Commission to grant remedies such as reinstatement and promotion, and to award damages
including back pay, interest, and attomey's fees. The County is also empowered to file suit in
circuit court to enforce these awards. Recently, the Commission has awarded such relief against
the City of Miami.
The Office of the City Attorney has evaluated the County Ordinance, and questions the
authority under the State Constitution, the Florida Statutes, and the County Charter to award
relief against the City. Accordingly, this Office recommends approval of the Resolution to
authorize the City to file suit to enjoin the operation and enforcement of the County Ordinance
against the City of Miami.
cc: Tony E. Crapp, Jr., City Manager
Elvi Gallastegui, Agenda Coordinator
Attachment(s)
269067