HomeMy WebLinkAboutR-23-0398City of Miami
Resolution R-23-0398
Legislation
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:
City of Miami Page 1 of 3 File ID: 14296 (Revision:) Printed On: 7/11/2025
File ID: 14296 Enactment Number: R-23-0398
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 authorized1 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.
City of Miami Page 2 of 3 File ID: 14296 (Revision:) Printed on: 7/11/2025
File ID: 14296 Enactment Number: R-23-0398
APPROVED AS TO FORM AND CORRECTNESS:
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City of Miami Page 3 of 3 File ID: 14296 (Revision:) Printed on: 7/11/2025