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 — October 24, 2019
Ruben A. Sebastian v. City of Miami, et al.
File No.: 6642
The attached proposed Resolution seeks authorization for settlement of all
claims against the City of Miami, in the amount of sixty-five thousand dollars
($65,000.00).
This action was brought by the law firm of David A. Frankel, Esq. of the Law
Offices of David A. Frankel, P.A. on behalf of the Ruben A. Sebastian alleging use of
excessive force and violation of civil rights.
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. 50001.301001.545010.0000.00000.
Attachment(s)
cc: Emilio T. Gonzalez, City Manager
Miriam Santana, Agenda Coordinator
VM/BLM/HJH/vja
City of Miami
Legislation
Resolution
Enactment Number: R-19-0489
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6642 Final Action Date:11/21/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO EXECUTE A SETTLEMENT AGREEMENT AND
THE DIRECTOR OF FINANCE TO PAY RUBEN A. SEBASTIAN, WITHOUT
ADMISSION OF LIABILITY, THE AGGREGATE TOTAL SUM OF SIXTY-FIVE
THOUSAND DOLLARS ($65,000.00) TO THE 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 AND ITS OFFICERS,
AGENTS, AND EMPLOYEES IN THE CASE STYLED RUBEN A. SEBASTIAN VS.
CITY OF MIAMI, ET AL., PENDING IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA, CASE NO.: 16-CV-20501-FAM UPON THE
EXECUTION OF A SETTLEMENT AGREEMENT AND GENERAL RELEASE OF ALL
CLAIMS AND DEMANDS BROUGHT FOR EXCESSIVE FORCE AND VIOLATION OF
CIVIL RIGHTS PENDING IN FEDERAL COURT AND A DISMISSAL OF THE CITY OF
MIAMI AND ITS OFFICERS, AGENTS, AND EMPLOYEES WITH PREJUDICE;
ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000.
WHEREAS, Ruben A. Sebastian and the City of Miami ("City") are engaged in litigation
in the United States District Court Southern District of Florida, Case No.: 16-CV-20501-FAM,
concerning a claim of use of excessive force and violation of civil rights; 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
($65,000.00), including any 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 fully set forth in this Section.
Section 2. The City Manager or his designee is authorized' to execute a Settlement
Agreement, in a form acceptable to the City Attorney, and the Director of Finance is authorized'
to pay Ruben Sebastian, without admission of liability, the aggregate total sum of sixty-five
thousand dollars ($65,000.00) for full and complete settlement of any and all claims and
demands, including his claim for attorney's fees, against the City, its agents, officers, and
employees in the case styled Ruben Sebastian vs. City of Miami, et al., pending in the United
States District Court Southern District of Florida, Case No. 16-CV-20501-FAM, upon the
execution of general releases of all claims and demands brought for excessive force and
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.
violation of civil rights pending in federal court and a dismissal of the City and its officers,
agents, and employees with prejudice.
Section 3. Funds are to be allocated from Account No.
50001.301001.545010.0000.00000.
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
10/15/2019
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.