HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: September 14, 2023
RE: City Commission Meeting — September 14, 2023
Partial Settlement regarding the matter of Fraternal Order of Police, Miami
Lodge No. 20, and Alfredo Vega, et al., v. City of Miami — Richard Nazur,
the Estate of Eladio Paez, Rafael Acosta, Marilene Nelson nee Penn, Roy
Mas, and Gary Dooling.
Case No. 98-7760-CA-01
File No. 14296
The attached proposed Resolution seeks authorization for partial settlement of all
claims asserted against the City of Miami ("City") in the total aggregate amount of two -
hundred -and -seventy -five -thousand -dollars ($275,000.00). This Settlement
contemplates individually settling all claims brought by individual plaintiffs Richard
Nazur, the Estate of Eladio Paez, Rafael Acosta, Marilene Nelson nee Penn, Roy Mas,
and Gary Dooling against the City. Nazur, Paez, Acosta and Penn will receive fifty -
thousand dollars ($50,000.00) each, Mas will receive forty -five -thousand dollars
($45,000) and Dooling will receive thirty -thousand dollars ($30,000.00) as full and final
settlement of all claims against the City. This is only a partial settlement of the action, as
there remain 13 other plaintiffs in the case. The above referenced action was brought by
the Fraternal Order of Police, Alfredo Vega, seven (7) original intervenors and twenty-
five (25) later intervenors based on an allegation that the City issued a faulty
promotional exam in 1994 for the rank of Sergeant. The Court found that the exam was
faulty and has instructed the parties to proceed to a damages -only trial. The Plaintiffs
allege that they have suffered damages, including lower wages and pension benefits,
because of the faulty exam. The settlement funds for this settlement will come
exclusively from the settlement sum received from the testing company, who was also a
party in this case. As such, none of the settlement funds are being paid directly by the
City. If these settlements are approved, there will be 13 remaining plaintiffs in this case.
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. 50001.301001.545013.0000.00000.
Attachment(s)
cc. Art Noriega, V, City Manager
Miriam M. Santana, Agenda Coordinator
VM/JAG/SKP
City of Miami
Legislation
Resolution
Enactment Number: R-23-0398
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14296 Final Action Date:9/14/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY RICHARD NAZUR, THE ESTATE OF ELADIO PAEZ, RAFAEL
ACOSTA, AND MARILENE NELSON NEE PENN WITHOUT ADMISSION OF
LIABILITY, FIFTY THOUSAND DOLLARS ($50,000.00) EACH, TO PAY ROY MAS,
WITHOUT ADMISSION OF LIABILITY, FORTY FIVE THOUSAND DOLLARS
($45,000.00) AND TO PAY GARY DOOLING, WITHOUT ADMISSION OF LIABILITY,
THIRTY THOUSAND DOLLARS ($30,000.00), EACH IN FULL AND COMPLETE
SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY THEM, INCLUDING
ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF MIAMI, ITS
OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF FRATERNAL ORDER OF
POLICE, MIAMI LODGE NO. 20, AND ALFREDO VEGA, ET AL. V. CITY OF MIAMI,
CASE NO. 98-7760-CA-01, PENDING IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA, UPON THE
EXECUTION OF A GENERAL RELEASE OF THEIR CLAIMS AND DEMANDS, AND A
DISMISSAL OF THEIR CLAIMS AGAINST THE CITY OF MIAMI WITH PREJUDICE;
ALLOCATING FUNDS FROM GENERAL LIABILITY ACCOUNT NO.
50001.301001.545013.0000.00000.
WHEREAS, the Fraternal Order of Police ("FOP"), Alfredo Vega, Richard Nazur, the
Estate of Eladio Paez, Rafael Acosta, Marilene Nelson Nee Penn, Roy Mas, Gary Dooling, et al.
and the City of Miami ("City") are engaged in litigation in the Circuit Court of the Eleventh
Judicial Circuit in and for Miami -Dade County, Florida, Case No. 98-7760-CA-01, concerning a
faulty promotional examination given by the City in 1994; 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 Richard Nazur be settled for the lump sum of
fifty -thousand -dollars ($50,000.00) including all claims for attorneys' fees and costs, that the
claims for the Estate of Eladio Paez be settled for the lump sum of fifty -thousand -dollars
($50,000.00) including all claims for attorneys' fees and costs, that the claims for Rafael Acosta
be settled for the lump sum of fifty -thousand -dollars ($50,000.00) including all claims for
attorneys' fees and costs, that the claims of Marilene Nelson nee Penn be settled for a lump
sum of fifty -thousand dollars ($50,000.00) including all claims for attorneys' fees and costs, that
the claims for Roy Mas be settled for the lump sum of forty -five -thousand -dollars ($45,000.00)
including all claims for attorneys' fees and costs, and that the claims of Gary Dooling be settled
for a lump sum of thirty -thousand -dollars ($30,000.00) including all claims for attorney's fees
and costs, for an aggregate total of one -hundred -thousand -dollars ($275,000.00);
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 Richard Nazur, without
admission of liability, fifty -thousand -dollars ($50,000.00) in full and complete settlement of any
and all claims and demands, including all claims for attorneys' fees, against the City, its officers,
agents, and employees in the case of Fraternal Order of Police, Miami Lodge No. 20, and
Alfredo Vega, et al. v. City of Miami, Case No. 98-7760-CA-01, pending in the Circuit Court of
the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, is authorized' to pay the
Estate of Eladio Paez, without admission of liability, fifty -thousand -dollars ($50,000.00) in full
and complete settlement of any and all claims and demands, including all claims for attorneys'
fees, against the City, its officers, agents, and employees in the case of Fraternal Order of
Police, Miami Lodge No. 20, and Alfredo Vega, et al. v. City of Miami, Case No. 98-7760-CA-01,
pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County,
Florida, upon the execution of general releases of all their claims and demands and a dismissal
of their claims against the City with prejudice, is authorized' to pay Rafael Acosta, without
admission of liability, fifty -thousand -dollars ($50,000.00) in full and complete settlement of any
and all claims and demands, including all claims for attorneys' fees, against the City, its officers,
agents, and employees in the case of Fraternal Order of Police, Miami Lodge No. 20, and
Alfredo Vega, et al. v. City of Miami, Case No. 98-7760-CA-01, pending in the Circuit Court of
the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, is authorized' to pay
Marilene Nelson nee Penn, without admission of liability, fifty -thousand -dollars ($50,000.00) in
full and complete settlement of any and all claims and demands, including all claims for
attorneys' fees, against the City, its officers, agents, and employees in the case of Fraternal
Order of Police, Miami Lodge No. 20, and Alfredo Vega, et al. v. City of Miami, Case No. 98-
7760-CA-01, pending in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida is authorized' to pay Roy Mas, without admission of liability, forty -five -thousand -
dollars ($45,000.00) in full and complete settlement of any and all claims and demands,
including all claims for attorneys' fees, against the City, its officers, agents, and employees in
the case of Fraternal Order of Police, Miami Lodge No. 20, and Alfredo Vega, et al. v. City of
Miami, Case No. 98-7760-CA-01, pending in the Circuit Court of the Eleventh Judicial Circuit in
and for Miami -Dade County, Florida, and is further authorized' to pay Gary Dooling, without
admission of liability, thirty -thousand -dollars ($30,000.00) in full and complete settlement of any
and all claims and demands, including all claims for attorneys' fees, against the City, its officers,
agents, and employees in the case of Fraternal Order of Police, Miami Lodge No. 20, and
Alfredo Vega, et al. v. City of Miami, Case No. 98-7760-CA-01, pending in the Circuit Court of
the Eleventh Judicial Circuit in and for Miami -Dade County, Florida, upon the execution of
general releases of all their claims and demands and a dismissal of their 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.
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: