HomeMy WebLinkAboutR-13-0320City of Miami
Legislation
Resolution: R-13-0320
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01033 Final Action Date: 9/12/2013
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 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 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 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 of Miami
Page 1 of 2 File Id: 13-01033 (Version: 2) Printed On: 9/14/2017
File Number: 13-01033 Enactment Number: R-13-0320
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: 9/14/2017