HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez
DATE: February 22, 2024
RE: City Commission Meeting — February 22, 2024
Partial Settlement regarding the matter of Fraternal Order of Police, Miami
Lodge No. 20 and Alfredo Vega, et al., v. City of Miami, pending in the
Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade
County, Florida.
Case No. 98-7760-CA-01
File No. 15381
The attached proposed Resolution seeks authorization for partial settlement of all
claims asserted against the City of Miami ("City") by Shawn Mahon for thirty -five -
thousand -dollars ($35,000.00) in exchange 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 Plaintiff alleges that he
has suffered $572,590.06 in damages. The City computes his damages at $48,210.55.
If this settlement is 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-24-0066
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15381 Final Action Date:2/22/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY SHAWN MAHON ("MAHON") THIRTY -FIVE -THOUSAND -
DOLLARS ($35,000.00), WITHOUT ADMISSION OF LIABILITY, IN FULL AND
COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS BY MAHON,
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, Shawn Mahon ("Mahon") is 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 Shawn Mahon be settled for thirty -five -thousand -
dollars ($35,000.00), 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 authorized1 to pay Mahon thirty -five -thousand -
dollars ($35,000.00), 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.
Section 3. Funds are allocated from General Liability Account No.
50001.301001.545013.0000.00000.
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 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS: