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HomeMy WebLinkAboutR-18-0489City of Miami Resolution R-18-0489 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 5005 Final Action Date: 10/25/2018 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE WALTER E. HEADLEY, JR., MIAMI LODGE #20, FRATERNAL ORDER OF POLICE, INC. ("FOP") TO RESOLVE THE UNFAIR LABOR PRACTICE PETITION FILED BY FOP, LODGE #20, CASE NO.: CA-2010-119 AND BP- 2017-013 (RELATES TO CR-2017-001), PENDING BEFORE THE PUBLIC EMPLOYEES RELATIONS COMMISSION, ACCORDING TO THE TERMS OF THE SETTLEMENT AGREEMENT AMONG THE PARTIES. WHEREAS, the Walter E. Headley, Jr., Miami Lodge #20, Fraternal Order of Police, Inc. ("FOP") filed a petition against the City of Miami ("City") with the Public Employees Relations Commission ("PERC") alleging that the City had committed an unfair labor practice when it declared financial urgency in 2010; and WHEREAS, FOP and the City have negotiated, and the parties have agreed to, a full and final compromise and settlement of all matters, causes of actions, claims, grievances, and contentions between them related to the City's 2010 declaration of financial urgency ("Agreement"); and WHEREAS, upon ratification of the Agreement between the parties, the terms of the Agreement shall be implemented accordingly; and WHEREAS, funds in the amount of thirty-three million dollars ($33,000,000.00) shall be paid from the unrestricted funds of the General Fund and disbursed according to the payment schedule articulated in the Agreement; and WHEREAS, the Office of Allen, Norton and Blue, as outside counsel, has investigated these claims and pursuant to Section 18-232 of the Code of the City of Miami, Florida, as amended, recommends settlement; 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 City Manager is authorized to execute the Agreement with FOP, in substantially the attached form. 1 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. City of Miami Page 1 of 2 File ID: 5005 (Revision:) Printed On: 4/4/2025 File ID: 5005 Enactment Number: R-18-0489 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: endez, City Httor10/16/2018 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. City of Miami Page 2 of 2 File ID: 5005 (Revision:) Printed on: 4/4/2025