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Home My WebLink AboutMemorandumCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez DATE: January 11, 2024 RE: City Commission Meeting — January 11, 2024 Partial Settlement regarding the matter of Fraternal Order of Police, Miami Lodge No. 20, and Alfredo Vega, et al., v. City of Miami. Case No. 98-7760-CA-01 File No. 14975 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 four - hundred -thirty -two -and -fifty -six -thousand -dollars and six -cents ($432.056.06). This Settlement contemplates individually settling all claims brought by individual plaintiffs Thomas Visney, Jesus Gutierrez, Eladio Padron and Fernando E. Quintana for sixty - thousand -dollars ($60,000.00) each, Celestino F. Perrera for fifty -two -thousand -dollars ($52,000.00), Carlos J. Valdes for fifty -five -thousand dollars ($55,000.00), Jorge A. Martin for thirty -seven -five -hundred -thousand -dollars ($37,500.00), and Manuel Gonzalez for forty -seven -five -hundred -and fifty -six -dollars and six -cents ($47,556.06) for full and final settlement of all claims against the City. This is only a partial settlement of the action, as two (2) other plaintiffs remain 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. One -hundred - thousand -six -hundred -and -two -dollars ($106,002.00) of the settlement payments will be paid from previously recovered insurance proceeds. The City will pay three -hundred - twenty -six -thousand -fifty -four -dollars and six -cents ($326,054.06.00) should these settlements be approved. If these settlements are approved, there will only be two (2) 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-24-0006 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14975 Final Action Date:1/11/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR OF FINANCE TO PAY THOMAS VISNEY, JESUS GUTIERREZ, ELADIO PADRON AND FERNANDO E. QUINTANA, SIXTY -THOUSAND DOLLARS ($60,000.00) EACH, WITHOUT ADMISSION OF LIABILITY, CELESTINO F. PERRERA, FIFTY -TWO - THOUSAND -DOLLARS ($52,000.00), WITHOUT ADMISSION OF LIABILITY, CARLOS J. VALDES, FIFTY -FIVE -THOUSAND DOLLARS ($55,000.00), WITHOUT ADMISSION OF LIABILITY, JORGE A. MARTIN, THIRTY -SEVEN -FIVE -HUNDRED -DOLLARS ($37,500.00), WITHOUT ADMISSION OF LIABILITY, AND MANUEL GONZALEZ, FORTY -SEVEN -FIVE -HUNDRED -AND -FIFTY -SIX -DOLLARS AND SIX-SENTS ($57,556.06), WITHOUT ADMISSION OF LIABILITY, 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, Thomas Visney, Jesus Gutierrez, Eladio Padron, Fernando E. Quintana, Celestino F. Perrera, Carlos J. Valdes, Jorge A. Martin and Manuel Gonzalez, 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 Thomas Visney, Jesus Gutierrez, Eladio Padron and Fernando E. Quintana be settled for sixty -thousand -dollars ($60,000.00) each, including all claims for attorneys' fees and costs, that the claims of Celestino F. Perrera be settled for fifty- two -thousand -dollars ($52,000.00), including all claims for attorneys' fees and costs, that the claims of Carlos J. Valdes be settled for fifty -five -thousand -dollars ($55,000.00), including all claims for attorneys' fees and costs, that the claims of Jorge A. Martin be settled for thirty- seven -five -hundred -thousand -dollars ($37,500.00), including all claims for attorneys' fees and costs, and that the claims of Manuel Gonzalez be settled for forty -seven -five -hundred -and -fifty- six -dollars and six -cents ($47,556.06), including all claims for attorneys' fees and costs, for an aggregate total of four -hundred -thirty -two -and -fifty -six -thousand -dollars and six -cents ($432.056.06) 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 Thomas Visney, Jesus Gutierrez, Eladio Padron, and Fernando E. Quintana, sixty -thousand -dollars ($60,000.00), each 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 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 Celestino F. Perrera, fifty -two -thousand -dollars ($52,000.00), 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 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 his claims and demands and a dismissal of his claims against the City with prejudice, is authorized' to pay Carlos J. Valdes, fifty -five -thousand dollars ($55,000.00), 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 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 his claims and demands and a dismissal of his claims against the City with prejudice, is authorized' to pay Jorge A. Martin, thirty -seven -five -hundred -thousand -dollars ($37,500.00), 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 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 his claims and demands and a dismissal of his claims against the City with prejudice, and is authorized' to pay Manuel Gonzalez, forty- seven -five -hundred -and -fifty -six -dollars and six -cents ($47,556.06), 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 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 his claims and demands and a dismissal of his claims against the City with prejudice, for an aggregate total of four -hundred -thirty -two -and - fifty -six -thousand -dollars and six -cents ($432.056.06). 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: