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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: January 13, 2022 RE: City Commission Meeting — January 13, 2022 Settlement regarding the matter of Andre Bernard Lewis vs. City of Miami, Leslier Diaz and Leonel Sanchez Case No.: 19-031547 CA 02 File No. 11227 The attached proposed Resolution seeks authorization for settlement of all claims asserted against the City of Miami ("City") and Officer Leslier Diaz and Leonel Sanchez arising out of Andre Bernard Lewis' arrest, which occurred August 20, 2018 at the Brickell Metrorail station, Miami, Florida, in the amount of sixty thousand dollars ($60,000.00), in the case of Andre Bernard Lewis v. City and Leslier Diaz and Leonel Sanchez, Case No. 19-031547 CA 02, pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. 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. 50001.301001.545010.0000.00000. Attachment(s) cc. Art Noriega, V, City Manager Miriam M. Santana, Agenda Coordinator VM/BLM/CAG City of Miami Legislation Resolution Enactment Number: R-22-0013 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11227 Final Action Date:1/13/2022 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY ANDRE BERNARD LEWIS, WITHOUT ADMISSION OF LIABILITY, THE TOTAL SUM OF SIXTY THOUSAND DOLLARS ($60,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS AGAINST THE CITY OF MIAMI, LESLIER DIAZ, AND LEONEL SANCHEZ IN THE CASE OF ANDRE BERNARD LEWIS VS. CITY OF MIAMI, LESLIER DIAZ, AND LEONEL SANCHEZ PENDING IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, CASE NO. 19- 031547 CA 02, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND DEMANDS AND A DISMISSAL OF THE DEFENDANTS WITH PREJUDICE; ALLOCATING FUNDS FROM ACCOUNT NO. 50001.301001.545010.0000.00000. WHEREAS, Andre Bernard Lewis has asserted tort claims against the City of Miami, Leslier Diaz, and Leonel Sanchez (collectively, "City") arising out of his arrest which occurred August 20, 2018 at the Brickell Metrorail Station, Miami, Florida; and WHEREAS, the City Attorney's Office has investigated the claims and pursuant to Sections 18-221 through 18-232 of the Code of the City of Miami, Florida, as amended, recommends that said claims be settled for the lump sum of sixty thousand dollars ($60,000.00), including any claim for attorneys' 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 authorized' to pay Andre Bernard Lewis, without admission of liability, the total sum of sixty thousand dollars ($60,000.00) in full and complete settlement of any and all claims and demands, including all claims for attorneys' fees, against the City pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, Case No. 19-031547 CA 02, upon the execution of general release of all claims and demands against the City. Section 3. Funds are allocated from Account No. 50001.301001.545010.0000.00000. Section 4. This Resolution shall become effective immediately upon its adoption. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. APPROVED AS TO FORM AND CORRECTNESS: