HomeMy WebLinkAboutLegislation-SUBCity of MEam
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 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, INCLUDING ALL CLAIMS FORATTORNEY'S
FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND
EMPLOYEES, IN THE CASE STYLED 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 WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT
NO. 05002.301001.545000.0000.00000.
THIS DOCUMENT IS A SUBSTITUTION
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
TO ORIGINAL. BACKUP ORIGINAL
WHEREAS, the City Attorney'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 ciaims 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.
CAN BE SEEN AT THE END OF THIS
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}
DOCUMENT.
City of Miami
33 - L
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:
JU E O. BRU
CITY ATTORNEY
Footnotes :
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL
CAN BE SEEN AT THE END OF THIS
DOCUMENT.
{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
SUBSTITUTED
City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Number: 13-01033 Final Action Date:
A ESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE
D1' CTOR OF FINANCE TO PAY MIGUELA. HERVIS WITHOUT ADMISSION OF
LIAR TV, THE AGGREGATE TOTAL LUMP SUM OF $43,000 PLUS $3,500 PER
YEAR R THE LIFE OF PLAINTIFF IN FULL AND COMPLETE SETTLEMENT OF
ANY AN i ' LL CLAIMS AND DEMANDS, BUT EXCLUDING CLAIMS FOR
ATTORNE FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS
AND EMPLO ES, IN THE CASE STYLED MIGUELA. HERVIS VS. CITY OF
MIAMI, PENDI IN THE UNITED STATES DISTRICT COURT SOUTHERN
DISTRICT OF FL• IDA, CASE NO.: 12-22418-CIV-SCOLA/O'SULLIVAN, UPON
THE EXECUTION • GENERAL RELEASES OFALL CLAIMS AND DEMANDS,
AND A DISMISSAL 0 HE CITY OF MIAMI WITH PREJUDICE; ALLOCATING
FUNDS FROM ACCOU NO. 05002.301001.545000.0000.00000.
WHEREAS, Miguel A. Hervis a
States District Court Southern District o
concerning an employment claim alleging
the City of Miami, are engaged in litigation in the United
orida, Case No.: 12-22418-CIV-SCOLA/O'SULLIVAN,
crimination; and
WHEREAS, the City Attorney's Office h investigated these claims and the lawsuit, pursuant
to Sections 18-221 through 18-232 of the Code he City of Miami, Florida, as amended, and
recommends that said claims and lawsuit be settle. or the lump sum of $43,000 plus $3,500 per year
for the life of Plaintiff, but excluding the claim for atto' -y's fees;
NOW, THEREFORE, BE IT RESOLVED BY THE •MMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Pr
by reference and incorporated as fully set forth in this Section.
ble to this Resolution are adopted
Section 2. The Director of Finance is authorized to pay Migue
liability, the aggregate total lump sum of $43,000 plus $3,500 per year
complete settlement of any and all claims and demands and, excluding h
against the City of Miami, its agents, officers and employees, in the case o
Miami, pending in the United States District Court Southern District of Florida,
22418-CIV-SCOLA/O'SULLIVAN, upon the execution of general releases of all
and a dismissal of the City of Miami and all individual City employee defendants,
funds allocated from Account No. 05002.301001.545000.0000.00000.
Hervis, without admission of
he life of Plaintiff in full and
aim for attorney's fees,
guel A. Hervis vs. City of
ase No. 12-
s and demands,
prejudice, with
Section 3. This Resolution shall become effective immediately upon its adoption d signature
of the Mayor.{1}
City of Miami
Page 1 of 2
File Id: 13-01033 (Version: 1) Printed On: 8/30/1013
SUBSTITUTED
le Number: 13-01033
PPROVED AS TO FORM AND CORRECTNESS:
JU IE BR )
CI A •RNEY
Footriotes
{1) If the Mayor do not sign this Resolution, it shall become effective at the end of ten calendar days
from the date it wa •sassed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately n override of the veto by the City Commission.
City of Miami
Page 2 of 2
File Id: 13-01033 (Version: 1) Printed On: 8/30 0