HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01330
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION INITIATING THE CONFLICT
RESOLUTION PROCEDURES OF CHAPTER 164 OF THE FLORIDA STATUTES
("STATUTE"), PRIOR TO PROSECUTING AN ACTION ON A PREVIOUSLY FILED
COURT PROCEEDING, TO RESOLVE A CONFLICT BETWEEN THE CITY OF
MIAMI, MIAMI-DADE COUNTY AND THE MIAMI-DADE COUNTY COMMISSION
ON HUMAN RIGHTS, IN COMPLIANCE WITH THE STATUTE; DIRECTING THE
CITY CLERK TO TRANSMITA COPY OF THIS RESOLUTION TO THE CHIEF
ADMINISTRATORS OF MIAMI-DADE COUNTY, AS STATED HEREIN, WITHIN
FIVE (5) DAYS OF ITS ADOPTION, PER THE STATUTE.
WHEREAS, Miami -Dade County ("County") Ordinance 11A et seq. authorizes the County
Commission on Human Rights to investigate claims of employment discrimination and award monetary
relief against public and private entities, including the City of Miami ("City"); and
WHEREAS, the City Commission authorized the Office of the City Attorney to file a lawsuit
against the County and the County Commission on Human Rights challenging the authority of the
County Commission on Human Rights to award relief against the City; and
WHEREAS, the City filed a declaratory action against the County and the County Commission
on Human Rights in circuit court challenging the authority of the County Commission on Human Rights
to award relief against the City; and
WHEREAS, Chapter 164, Florida Statutes, Florida Governmental Conflict Resolution Act,
("Statute") requires that certain disputes between governmental entities be submitted for conflict
resolution prior to prosecuting action on a previously filed court proceeding; and
WHEREAS, the City has a conflict with the County and the County Commission on Human
Rights covered by said Statute; and
WHEREAS, the issues of conflict are that the remedies under County Ordinance 11A et seq.
abrogate the City's constitutional and statutory home rule powers, violate the County Charter, and
violate the constitutional right to a jury trial, and that any monetary award would be subject to the
sovereign immunity limitation on damages; and
WHEREAS, the County invoked the provisions of the Statute, in defense to the City's
declaratory action; and
WHEREAS, the City's declaratory action was abated until the parties complete the process of
conflict resolution required by the Statute; and
WHEREAS, to initiate the conflict resolution process under the Statute, the City is required by
Resolution to state its intention to initiate the conflict resolution procedures and send the Resolution to
City of Miami Page 1 of 2 File Id: 12-01330 (Version: 1) Printed On: 11/16/2012
File Number: 12-01330
the Chief Administrator of the County and the County Commission on Human Rights;
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 fully set forth in this Section.
Section 2. It is the intention of the City Commission to initiate conflict resolution ,procedures of
the Statute, prior to prosecuting an action on a previously filed court proceeding, to resolve a conflict
between the City and the County and the County Commission on Human Rights, in compliance with
the Statute.
Section 3. The City Clerk is directed to transmit a copy of this Resolution to the Chief
Administrators of the County and the County Commission on Human Rights, within five (5) days from
its adoption, per the Statute.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1 }
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY --
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 • File Id: 12-01330 (Version: 1) Printed On: 11/16/2012