HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorney
DATE: October 25, 2018
RE: City Commission Meeting — October 11, 2018
Partial Settlement regarding the matter of Fraternal Order of Police, Miami
Lodge No. 20, and Alfredo Vega, et al., v. City of Miami.
Case No. 98-7760 CA 01
File No. 4950
The attached proposed Resolution seeks authorization for Partial settlement of
all claims asserted against the City of Miami ("City") in the total aggregate amount of
two hundred thousand dollars ($52,000.00). This Settlement contemplates individually
settling all claims brought by individuals plaintiffs Alejandro Mendez against the City.
This is only a partial settlement of the action, as there remain other plaintiffs in the case.
The above referenced action was brought by the Fraternal Order of Police, Alfredo
Vega, and seven (7) intervenors based on an allegation that the City issued a faulty
promotional exam in 1994 for the rank of Sargent. The Plaintiff further alleges that they
have suffered damages as a result of the allegedly faulty exam.
The Office of the City Attorney has investigated and evaluated this case and has
approved the recommendation of this settlement. Funds in the above amount will be
paid from the General Liability Account No. 50001.301001.545013.0000.00000.
Attachment(s)
cc. Emilio T. Gonzalez, City Manager
Christopher Rose, Director, Office of Management and Budget
Miriam Arcia, Agenda Coordinator
VM/BLM/KRJ
City of Miami
Legislation
Resolution
Enactment Number: R-18-0473
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 4950 Final Action Date:10/25/2018
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY ALEJANDRO MENDEZ, WITHOUT ADMISSION OF LIABILITY,
FIFTY TWO THOUSAND DOLLARS ($52,000.00) IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY HIM, INCLUDING ALL
CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS OFFICERS,
AGENTS, AND EMPLOYEES IN THE CASE OF FRATERNAL ORDER OF POLICE,
MIAMI LODGE NO. 20, ET AL. V. CITY OF MIAMI, CASE NO. 98-7760, PENDING IN
THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-
DADE COUNTY, FLORIDA, UPON THE EXECUTION OF A GENERAL RELEASE OF
HIS CLAIMS AND DEMANDS AND A DISMISSAL OF HIS CLAIMS AGAINST THE
CITY OF MIAMI WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL
LIABILITY ACCOUNT NO. 50001.301001.545013.0000.00000.
WHEREAS, the Fraternal Order of Police ("FOP"), Alfredo Vega, Alejandro Mendez
("Mendez"), and others are engaged in litigation with the City of Miami ("City") in the Circuit
Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 98-7760,
concerning an allegation that the City issued a faulty promotional examination; 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 the claims of Mendez be settled for the lump sum of fifty two
thousand dollars ($52,000.00) including all claims for attorneys' fees and costs for an aggregate
total of fifty two thousand dollars ($52,000.00);
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 if fully set forth in this Section.
Section 2. The Director of Finance is authorized to pay Mendez, without admission of
liability, fifty two thousand dollars ($52,000.00) in full and complete settlement of any and all
claims and demands including all claims for attorneys' fees against the City, its officers, agents,
and employees in the case of Fraternal Order of Police, Miami Lodge No. 20, et al. v. City of
Miami, Case No. 98-7760, pending in the Circuit Court of the Eleventh Judicial Circuit in and for
Miami -Dade County, Florida, upon the execution of general releases of all his claims and
demands and a dismissal of his claims against the City with prejudice.
Section 3. Funds are allocated from General Liability Account No.
50001.301001.545013.0000.00000.
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.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
Barnaby I_. Min, Deputy City Attorney 10/11/2018
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.