HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #12633
Date: 09/23/2022
Commission Meeting Date: 02/23/2023
Type: Resolution
Subject: Settlement - Carolyn Johnson
Purpose of Item:
Requesting Department: Department of Risk
Management
Sponsored By:
District Impacted: N/A
Attached resolution seeks authorization of all claims against the City of Miami ("CITY")
by Carolyn Johnson, in the amount of $250,100.00, which includes $171,365 MSA,
attorney's fees and costs as well as a separate general release and resignation
agreement.
Background of Item:
The workers compensation actions were brought by Carolyn Johnson a retired City of
Miami Clerk Typist III for the Miami Police Department, for injuries sustained on or
around November 8., 2011 or November 18, 2011, when she slipped and fell on a
sidewalk in the course and scope of her employment with the City of Miami.
The Office of the City Attorney has investigated and evaluated these claim and date of
accident and has approved the recommendation of this settlement. Funds, in the
amount of $248,550.00 and E/SA will pay claimant's counsel $1,350.00 attorney's fees
available from Account No. 50001.301001.524000.0000.00000, and $100.00 available
from Account No. 00001.980000.531010.0000.00000.
Budget Impact Analysis
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Item is an Expenditure
Total Fiscal Impact:
General Account No: 50001.301001.524000.0000.00000
00001.980000.531010.0000.00000
Department of Risk Management
Office of Management and Budget
Office of Management and Budget
Department of Risk Management
City Manager's Office
City Manager's Office
Legislative Division
Ann -Marie Sharpe
Fred Pericles
Marie Gouin
Ann -Marie Sharpe
Larry M. Spring
Arthur Noriega V
Valentin J Alvarez
Reviewed B
Department Head Review
Budget Analyst Review
Budget Review
Risk Review
Assistant City Manager Review
City Manager Review
Legislative Division Review
Completed
Completed
Completed
Completed
Completed
Completed
Completed
10/13/2022 10:10 AM
10/13/2022 1:33 PM
10/17/2022 9:19 AM
10/17/2022 10:05 AM
10/19/2022 8:16 AM
10/19/2022 8:38 AM
10/21/2022 9:27 AM
Office of the City Attorney Victoria Mendez Approved Form and Correctness Completed 02/13/2023 9:41 AM
City Commission Maricarmen Lopez Meeting Completed 02/23/2023 9:00 AM
Office of the City Clerk City Clerk's Office Rendered Completed 03/01/2023 3:47 PM
City of Miami
Legislation
Resolution
Enactment Number: R-23-0089
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12633 Final Action Date:2/23/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY TO AND ON A RESOLUTION OF THE MIAMI CITY
COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY TO AND ON
BEHALF OF CAROYLN JOHNSON, SUBJECT TO THE CONDITIONS IMPOSED BY
CHAPTER 440, FLORIDA STATUTES, THE TOTAL SUM OF $250,000.00, WHICH
INCLUDES A SEPARATE GENERAL RELEASE, IN FULL SETTLEMENT OF ALL
CLAIMS AND DATES OF ACCIDENT ALLEGED AGAINST THE CITY OF MIAMI
("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; ALLOCATING FUNDS IN THE
AMOUNT OF $249,900.00 FROM ACCOUNT NO. 50001.301001.524000.0000.00000,
FUNDS IN THE AMOUNT OF $100.00, FOR THE SEPARATE GENERAL RELEASE,
FROM ACCOUNT NO. 00001.980000.531010.0000.00000.
WHEREAS, Carolyn Johnson has alleged dates of accident in the course and scope of
her 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 in consultation of the Office of the City
Attorney has 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 recommends that all
dates of accident and claims be settled for the sum of $250,000.00;
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 authorized' to pay to and on behalf of, Carolyn
Johnson, and her counsel, subject to the conditions imposed by Chapter 440, Florida Statutes,
the total sum of $250,000.00, which includes $100.00 for the separate general release, in full
settlement of any and all claims and date 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 $249,900.00 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.
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.
Section 3. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS: