HomeMy WebLinkAboutMemo - Office of the City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: The Honorable Mayor and Members of the City Commission
FROM: Julie O. Bru, City Attorney
DATE: November 16, 2012
RE: Proposed Resolution for City Commission Meeting —December 13, 2012
City of Miami v. Miami -Dade County Commission, et al
Case No. 11-14989 CA 04
File No. 12-01330
The attached proposed Resolution notifies Miami -Dade County ("County") and the
County Commission on Human Rights of the City of Miami's ("City's") intention to initiate
conflict resolution procedures pursuant to Chapter 164, Florida Statutes (the Florida
Governmental Conflict Resolution Act).
The conflict between the City and these entities arises out of the investigation of claims of
employment discrimination by the County Commission on Human Rights. The County
Commission on Human Rights investigates these claims against both private and public entities.
By County Ordinance, the County Commission on Human Rights is authorized to impose
remedies against the City, including back pay, front pay, and awards of attorney's fees.
The City Commission authorized the Office of the City Attorney to file a declaratory
action tochallenge the authority of the County Commission on Human Rights to award relief
against the City. The declaratory action which was filed in state circuit court alleged that the
County Ordinance granting the County Commission on Human Rights the authority to impose
these remedies abrogated the City's constitutional and statutory home rule powers, violated the
County Charter, and violated the constitutional right to jury trial, and that any monetary award
would be subject to the sovereign immunity limitation on damages.
In the circuit court action, the County asserted its statutory right to compel the City to
complete the conflict resolution process required by Chapter 164 before further proceeding with
the case. The circuit court entered an order abating the action for the, parties to initiate and
follow the conflict resolution process.
In order to initiate the process, the City's governing body is required to adopt a resolution
stating its intention to initiate the conflict resolution procedures of Chapter 164 prior to
prosecuting an action on a previously filed court proceeding to resolve the conflict. Within five
(5) days after passage of the resolution, it must be sent with a cover letter to the chief
administrator of the County. The letter must propose a date and location for a conflict assessment
meeting and suggestion for those who should be in attendance. Other governmental entities may
be notified of this meeting and allowed to participate.
The conflict assessment meeting must beheld within thirty (30) days from receipt of the
letter and resolution. The chief administrator or his or her designee from each primary
conflicting government entity must be in attendance to discuss the issues. If a tentative
agreement is reached, the entities may proceed with whatever steps they deem appropriate,
including but not limited to scheduling additional meetings or proposing resolutions for adoption
by their respective governing bodies.
If there is no tentative agreement reached at the conflict resolution meeting, the parties
must schedule a joint public meeting with the governing bodies of both primary conflicting
government entities. The joint public meeting must occur within fifty (50) days from receipt of
the letter and resolution. If no agreement is reached at the joint public meeting, the primary
conflicting governmental entities must participate in mediation. The terms and conditions of the
resolution of the conflict must be reflected via the passage of an ordinance, resolution or
interlocal agreement. If there is a failure to reach an agreement after complying with these
procedures, the parties may prosecute their action in court.
The Office of the City Attorney recommends passage of the attached proposed Resolution
which initiates the conflict resolution procedures in compliance with Chapter 164.
cc: Johnny Martinez, P.E., City Manager
Elvi G. Gallastegui, Agenda Coordinator
Attachment(s)
#347181