HomeMy WebLinkAboutCity Attorney Memo-Proposed SettlementCITY OF 1VHAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Membersofthe City Commission
FROM: Julie O. Bru, City Attorney
DATE: September 9, 2013.
RE: Proposed Settlement -City Commission Agenda- September 12, 2013
Miguel Hervis v. City of Miami
United States District Court Southern District of Florida,
Case No.: 12-22418-CW-SCOLA/O'SULLIVAN
File ID No. 13-01033
The attached proposed Resolution seeks authorization for the settlement of all
claims against the City of Miami asserted in the above -referenced lawsuit, in the lump sum
amount of $183,000 plus $3,500 per year for the life of Plaintiff, including the claim for
attorney's fees, which is also being settled herein.
This is a claim by Plaintiff, Miguel Hervis, against the City of Miami alleging
violations of the Americans with Disabilities Act of 1991 ("ADA"), 42 U.S.C. 12182, as
amended by the Americans with Disabilities Act of 2008 and the Florida Civil Rights Act
("FCRA"). Plaintiff claims he was not appointed to the position of Police because of his
disability.
Funds in the amount of S183,000 plus $3,500 per year for the life of Plaintiff will
be allocated from Account Number 05002.301001.545000.0000.00000.
Attaclunent(s)
c. Christopher Rose, Director, Office of Management and Budget
Elvi Gallastegui, Agenda Coordinator
401388
/g- o/ogg
CITY OF MIAMI t''iF NT ,c",
OFFICE OF THE CITY ATTORNEym pt 0
MEMORANDUM
b: 0 1
TO:
FROM: Julie O. eY
DATE: September 9, 2013
RE: Proposed Settlement for City Commission Meeting — September 12, 2013
Miguel A. Hervis vs. City of Miami
United States District Court Southern District of Florida
Case No.: 12-22418-CFV-SCOLA/O'SULLFVAN
File ID 13-01033
Christopher Rose, Director, Management and Budget
The attached proposed Resolution scheduled for the City Commission
Meeting of September 12, 2013, authorizes settlement in the lump sum amount of $183,000
plus $3,500 per year for the life of Plaintiff, including attorney' s fees in the case of Miguel
A. Hervis vs. City of Miami.
Please indicate below by affixing your signature that funds are available from
Account No. 05002.301001.545000.0000.00000 and return this original memorandum to
Marta Gomez, Legislative Coordinator, of this office as soon as possible.
OFFICE OF MANAGEMENT AND BUDGET
RI HER ROSE
DIRECTOR
Attachment(s)
401391
City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01033
Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
DIRECTOR OF FINANCE TO PAY MIGUELA. HERVIS WITHOUTADMISSION OF
LIABILITY, THE AGGREGATE TOTAL SUM OF $183,000 PLUS $3,500 PER YEAR
FOR THE LIFE OF PLAINTIFF IN FULL AND COMPLETE SETTLEMENT OF ANY
AND ALL CLAIMS AND DEMANDS, INCLUDING ALL CLAIMS FOR ATTORNEY'S
FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND
EMPLOYEES, IN THE CASE STYLED MIGUELA. HERVIS VS. CITY OF MIAMI,
PENDING IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF
FLORIDA, CASE NO.: 12-22418-CIV-SCOLA/O'SULLIVAN, UPON THE EXECUTION
OF GENERAL RELEASES OF ALL CLAIMS AND DEMANDS, AND A DISMISSAL OF
THE CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT
NO. 05002.301001.545000.0000.00000.
WHEREAS, Miguel A. Hervis and the City of Miami, are engaged in litigation in the United
States District Court Southern District of Florida, Case No.: 12-22418-CIV-SCOLA/O'SULLIVAN,
concerning an employment claim alleging discrimination; and
WHEREAS, the CityAttorney's Office has investigated these claims and the 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 lump sum of $183,000 plus $3,500 per
year for the life of Plaintiff, including the claim for attorney's fees;
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. The Director of Finance is authorized to pay Miguel A. Hervis, without admission of
liability, the aggregate total sum of $183,000 plus $3,500 per year for the life of Plaintiff in full and
complete settlement of any and all claims and demands and, including his claim for attorney's fees,
against the City of Miami, its agents, officers and employees, in the case of Miguel A. Hervis vs. City of
Miami, pending in the United States District Court Southern District of Florida, Case No. 12-
22418-CIV-SCOLA/O'SULLIVAN, upon the execution of general releases of all claims and demands,
and a dismissal of the City of Miami and all individual City employee defendants, with prejudice, with
funds allocated from Account No. 05002.301001.545000.0000.00000.
Section 3. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1}
City ofMiami Page I of 2 File Id: 13-01033 (Version: 2) Printed On: 9/9/2013
File Number: 13-01033
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: 13-01033 (Version: 2) Printed On: 9/9/2013