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HomeMy WebLinkAboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez DATE: November 21, 2019 RE: Proposed Settlement - City Commission Meeting — November 21, 2019 Shewanda Hall v. City of Miami File No.: 6689 The attached proposed Resolution seeks authorization for settlement of all claims against the City of Miami, in the amount of one hundred fifty thousand dollars ($150,000.00). This action was brought by Gina M. Cadogan, Esq. of the law firm of Cadogan, Law, PA on behalf of Shewanda Hall for alleged wrongful termination. 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 Account No. 00001.980000.531010.0.0. Attachment(s) cc: Emilio T. Gonzalez, City Manager Miriam Santana, Agenda Coordinator VM/BLM/SKP/vja City of Miami Legislation Resolution Enactment Number: R-19-0456 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6689 Final Action Date:11/21/2019 A RESOLUTION OF THE MIAMI CITY COMMISSION, AUTHORIZING THE DIRECTOR OF FINANCE TO PAY SHEWANDA HALL, WITHOUT ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000.00) 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 OF SHEWANDA HALL VS. THE CITY OF MIAMI, PENDING BEFORE THE UNITED STATE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, CASE NO. 19-22793, 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. 00001.980000.531010.0.0. WHEREAS, Shewanda Hall and the City of Miami ("City") are engaged in litigation in the United States District Court for the Southern District of Florida, Case No. 19-22793, concerning an employment claim alleging wrongful termination; 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 one hundred fifty thousand dollars ($150,000.00), including all claims 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 if fully set forth in this Section. Section 2. The Director of Finance is authorized1 to pay Shewanda Hall, without admission of liability, the aggregate total sum of one hundred fifty thousand dollars ($150,000.00) in full and complete settlement of any and all claims and demands, including all claims for attorney's fees, against the City, its officers, agents, and employees in the case of Shewanda Hall vs. the City of Miami, pending before the United State District Court for the Southern District of Florida, Case No. 19-22793, upon the execution of general releases of all claims and demands and a dismissal of the City with prejudice. Section 3. Funds are to be allocated from the Account No. 00001.980000.531010.0.0. 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: ndez, City Attor ey 11/4/2019 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.