HomeMy WebLinkAboutR-19-0489City of Miami
Resolution R-19-0489
Legislation
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 authorized1 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
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: 6642 (Revision:) Printed On: 4/28/2025
File ID: 6642 Enactment Number: R-19-0489
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
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, ity ktor ey 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.
City of Miami Page 2 of 2 File ID: 6642 (Revision:) Printed on: 4/28/2025