HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez /!
DATE: November 17, 2022
RE: Proposed Resolution for City Commission Meeting- November 17, 2022
Settlement of Steven Miro vs. City of Miami, pending in the Eleventh
Judicial Circuit in Miami -Dade County, Case Number 19-30366-CA-01
File No.: 12942
The City is currently engaged in litigation with former City employee Steven Miro
("Miro"). Miro claims that the City terminated his employment in 2018 due to his
involvement in an investigation by the State Attorney's Office. Miro filed a one -count
complaint in the Eleventh Judicial Circuit in Miami -Dade County alleging that the City
violated Section 112.3187 of the Florida Statutes, otherwise known as Florida's Public
Whistleblower Act.
As part of the litigation, Miro is demanding all backpay from 2018 to present,
reinstatement with all seniority and emoluments, attorney's fees, and costs. Miro's initial
offer two years ago was more than three -hundred -thousand -dollars ($300,000.00).
The City was able to negotiate the settlement of this matter for one -hundred -and -
twenty -thousand -dollars ($120,000.00). This amount represents the costs of defense
(i.e. atty fees, witness fees, court reporter fees, etc.) of this claim. This amount also
constitutes a final and complete settlement and waiver of all claims against the City, its
employees and agents. Lastly, it encompasses backpay, attorney's fees and costs and
ensures the Plaintiff remains terminated.
Since the initiation of this litigation, several witnesses have moved out of South
Florida or have retired from the City of Miami. As a result, in addition to the uncertainty
of litigation, there are companion costs associated with producing numerous witnesses
for trial.
Based on the foregoing, the City's Attorney's Office recommends passing the
Resolution that approves a settlement of this claim.
cc: Art Noriega, City Manager
Miriam M. Santana, Agenda Coordinator
Enclosure(s)
Attachment(s)
12942 Commissioner Carollo-Form 8B Voting Conflict
City of Miami
Legislation
Resolution
Enactment Number: R-22-0465
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12942 Final Action Date:11/17/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY STEVEN MIRO ONE -HUNDRED -AND -TWENTY -THOUSAND -
DOLLARS ($120,000.00) IN FULL AND COMPLETE SETTLEMENT OF ANY AND ALL
CLAIMS AND DEMANDS BY HIM, INCLUDING ALL CLAIMS FOR ATTORNEYS'
FEES AND COSTS, AGAINST THE CITY OF MIAMI, ITS OFFICERS, AGENTS, AND
EMPLOYEES IN THE CASE OF STEVEN MIRO VS. CITY OF MIAMI, CASE NO. 19-
30366-CA-01, PENDING IN THE ELEVENTH JUDICIAL CIRCUIT IN MIAMI-DADE
COUNTY, UPON THE EXECUTION OF A GENERAL RELEASE OF HIS CLAIMS AND
DEMANDS, AND A DISMISSAL OF HIS CLAIMS AGAINST THE CITY OF MIAMI
WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT
NO. 50001.301001.545013.0000.00000.
WHEREAS, Steven Miro and the City of Miami ("City") are engaged in litigation in the
Eleventh Judicial Circuit in Miami -Dade County, Case No. 19-30366-CA-01; 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 the claims of Steven Miro be settled for the lump sum of one -
hundred -and -twenty -thousand -dollars ($120,000.00) including all claims for attorneys' fees and
costs;
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 Steven Miro, without admission
of liability, one -hundred -and -twenty -thousand -dollars ($120,000.00) in full and complete
settlement of any and all claims and demands, including all claims for attorneys' fees and costs,
against the City, its officers, agents, and employees in the case of Steven Miro vs. City of
Miami, Case No. 19-30366-CA-01, pending in the Eleventh Judicial Circuit in Miami -Dade
County, upon the execution of a general release of all his claims and demands and a dismissal
of his claims against the City with prejudice.
Section 3. Funds are allocated from General Liability Account No.
50001.301001.545013.0000.00000.
Section 4. This Resolution shall become effective immediately upon its adoption.
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: