HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #11672
Date: 03/15/2022
Commission Meeting Date: 04/14/2022
Type: Resolution
Subject: Settlement - Roy Lemus
Purpose of Item:
Requesting Department: Department of Risk
Management
Sponsored By:
District Impacted: All
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Roy Lemus, in the amount of $300,000.00, which includes $100.00 for a separate
general release and resignation agreement.
Background of Item:
The workers compensation actions were brought by Roy Lemus, a City of Miami Police
Officer for the Miami Police Department, for injuries sustained on August 31, 2018, in
the course and scope of his employment with the City of Miami.
The Office of the City Attorney has investigated and evaluated these claims and dates
of accident and has approved the recommendation of this settlement. Funds, in the
amount of $300,000.00 are available from Account No.
50001.301001.524000.0000.00000 and $100.00 are available from Account No.
00001.980000.531010.0000.00000.
Budget Impact Analysis
Item is an Expenditure
Item is NOT funded by Bonds
Item is NOT Related to Revenue
Total Fiscal Impact:
General Account No: 50001.301001.524000.0000.00000 and
00001.980000.531010.0000.00000
Department of Risk Management
Office of Management and Budget
City Manager's Office
Legislative Division
City Manager's Office
Office of the City Attorney
Office of the City Attorney
City Commission
Office of the City Clerk
Reviewed B
Ann -Marie Sharpe
Marie Gouin
Fernando Casamayor
Valentin J Alvarez
Arthur Noriega V
Barnaby L. Min
Victoria Mendez
Maricarmen Lopez
City Clerk's Office
Department Head Review
Budget Review
Assistant City Manager Review
Legislative Division Review
City Manager Review
Deputy City Attorney Review
Approved Form and Correctness
Meeting
Rendered
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
03/18/2022 12:37 PM
03/21/2022 2:50 PM
03/28/2022 7:18 PM
03/29/2022 12:07 PM
03/30/2022 3:29 PM
04/01/2022 7:56 AM
04/05/2022 7:05 AM
04/14/2022 9:00 AM
04/15/2022 7:39 PM
City of Miami
Legislation
Resolution
Enactment Number: R-22-0136
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11672 Final Action Date:4/14/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON BEHALF OF ROY LEMUS, SUBJECT TO THE
CONDITIONS IMPOSED BY CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM
OF $300,000.00, INCLUDING $100.00 FOR A SEPARATE GENERAL RELEASE, IN
FULL SETTLEMENT OF ALL CLAIMS AND DATES OF ACCIDENT ALLEGED
AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS AND EMPLOYEES
(COLLECTIVELY "CITY"), WITHOUT ADMISSION OF LIABILITY, UPON EXECUTING
A SETTLEMENT AGREEMENT, HOLD HARMLESS, AND INDEMNIFICATION
AGREEMENT AS WELL AS A GENERAL RELEASE OF THE CITY FROM ANY AND
ALL CLAIMS AND DEMANDS; ALLOCATING FUNDS IN THE AMOUNT OF
$299,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000 AND FUNDS
IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE, FROM
ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Roy Lemus has alleged various dates of accident in the course and scope
of his employment with the City of Miami ("City") and filed claims against the City with the
Division of Administrative Hearings, Office of the Judge of Compensation Claims; and
WHEREAS, the Department of Risk Management and the Office of the City Attorney
have investigated all these dates of accident and claims pursuant to Sections 18-221 through
18-232 of the Code of the City of Miami, Florida, as amended, and recommend that all dates of
accident and claims be settled for the sum of $300,000.00;
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 to and on behalf of Roy Lemus
and his counsel, subject to the conditions imposed by Chapter 440, Florida Statutes, the total
sum of $300,000.00, which includes $100.00 fora separate general release, in full settlement of
any and all claims and dates of accident alleged against the City, its officers, agents, and
employees, without admission of liability, upon executing a settlement agreement, hold
harmless, and indemnification agreement as well as a general release of the City, its present
and former officers, agents, and employees from any and all claims and demands, with funds in
the amount of $299,900.00 allocated from Account No 50001.301001.524000.0000.00000 and
funds in the amount of $100.00 allocated from Account No. 00001.980000.531010.0000.00000.
Section 3. 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:
ndez, City Httor
ey ) 4/5/2022