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HomeMy WebLinkAboutR-18-0285City of Miami Resolution R-18-0285 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 4300 Final Action Date: 7/12/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY RYAN GELLINEAU THE TOTAL SUM OF FIFTY THOUSAND DOLLARS ($50,000.00), WITHOUT ADMISSION OF LIABILITY, IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AGAINST THE CITY OF MIAMI ("CITY"), ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF RYAN GELLINEAU VS. THE CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 17-CV-22044-MGC, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. WHEREAS, Ryan Gellineau filed claims and a lawsuit against the City of Miami ("City") and Stanley Mike in the United States District Court for the Southern District of Florida, Case No. 17-CV22044-MGC, arising from his arrest on June 2, 2013; and WHEREAS, the City Attorney's Office has investigated the claims and lawsuit pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended ("City Code"), and recommends that said claims and lawsuit be settled for the sum of $50,000.00; 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 City is authorized' to pay Ryan Gellineau the total sum of $50,000.00 in full and complete settlement of any and all claims and demands against the City, its agents, officers, and employees in the case of Ryan Gellineau vs. City of Miami, et al., pending in the United States District Court for the Southern District of Florida, Case No. 17-CV-22044-MGC, upon executing a general release of the City, its officers, agents, and employees from any and all claims and demands with funds allocated from Account No. 05002.301001.545010.0000.00000. 'The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited, to those prescribed by applicable City Charter and City Code provisions. 2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) 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 1 of 2 File ID: 4300 (Revision:) Printed On: 4/1/2025 File ID: 4300 Enactment Number: R-18-0285 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 2 of 2 File ID: 4300 (Revision:) Printed on: 4/1/2025