HomeMy WebLinkAboutMemorandumCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney
DATE: February 13, 2025
RE: City Commission Meeting — February13, 2025
Settlement regarding the matter of Edwin Gomez v. City of Miami, Javier
Ortiz
Case No. 21-CV-23668-KMW
File No. 17162
The attached proposed Resolution seeks authorization for full and final settlement of all
claims asserted against the City of Miami ("City") by former Police Sergeant Edwin Gomez
("Gomez"), inclusive of attorney's fees and costs. The settlement amount is fifty -thousand -
dollars ($50,000.00).
Gomez was a former sergeant for the City for many years before his retirement in
September of 2023. In this case, Gomez alleges the City retaliated against him when it issued a
160-hour suspension in early 2020 in violation of 42 USC § 2000e ("Title VI I") after Gomez's
allegedly reported discrimination (Count I). Gomez also alleges the City retaliated against him
when it issued the same suspension in violation of 42 USC § 1983 for exercising his First
Amendment right (Count II). Gomez further alleges that the City permitted Police Captain Javier
Ortiz ("Ortiz") to assist in the retaliation against Gomez by orchestrating the suspension after
Gomez engaged in the alleged protected activities. Based on that allegation, Gomez named
Ortiz in the case and sued him for First Amendment retaliation, as well as for intentional
infliction of emotional distress and defamation. The last two (2) counts against Ortiz were based
on comments made by Ortiz about Gomez at a City Commission meeting and on a messaging
platform. Based on the allegations in Count II (First Amendment Retaliation), which alleged
actions done in Ortiz's capacity as a City Police Captain while on duty, the City sought conflict
counsel for Ortiz and agreed to pay his counsel's fees.
The City moved multiple times to dismiss Gomez's claims, both at the motion to dismiss
and summary judgment stage. The Court granted the City's motion for summary judgment for
Count I (Title VII retaliation claim) and granted the City's motion to dismiss regarding Count II
(First Amendment retaliation claim). The Court further dismissed the City as a party in the case.
The Plaintiff thereafter appealed the Court's dismissal of the City. The Court further dismissed
two (2) of the three (3) counts against Ortiz but did not dismiss the defamation count against
Ortiz. That count was set for trial February 10, 2025.
Because the City is paying for Ortiz's counsel, the City elected to engage in a settlement
conference with the magistrate in an attempt to control its costs. The City anticipated paying
between $50,000 to $100,000 on Ortiz's counsel to defend the remaining count. This
anticipation is based on Ortiz's counsel's preparation for trial, participation in a trial, and
participation in an inevitable appeal. Based on this, the City tentatively agreed to pay Gomez
$50,000 to resolve the anticipated appeal against the City and a dismissal of the case in its
entirety, including the allegations against Ortiz. This agreement is also in exchange for a waiver
and release of all past and current claims, whether known or not known, by Gomez against the
City and any of its agents and employees.
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. Arthur Noriega, City Manager
Miriam M. Santana, Agenda Coordinator
GKW/KRJ/SKP
City of Miami
Legislation
Resolution
Enactment Number: R-25-0028
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17162 Final Action Date:2/13/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE DIRECTOR
OF FINANCE TO PAY EDWIN GOMEZ FIFTY -THOUSAND -DOLLARS ($50,000.00) IN
FULL AND COMPLETE SETTLEMENT OF ANY AND ALL CLAIMS AND DEMANDS
BY HIM, INCLUDING ALL CLAIMS FOR ATTORNEYS' FEES, AGAINST THE CITY OF
MIAMI, ITS OFFICERS, AGENTS, AND EMPLOYEES IN THE CASE OF EDWIN
GOMEZ VS. CITY OF MIAMI ET AL., CASE NO. 21-CV-23668-KMW, PENDING IN
THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
FLORIDA, UPON THE EXECUTION OF A GENERAL RELEASE OF ALL CLAIMS AND
DEMANDS, AND A DISMISSAL OF ALL CLAIMS AGAINST THE CITY OF MIAMI AND
ALL PARTIES WITH PREJUDICE; ALLOCATING FUNDS FROM GENERAL LIABILITY
ACCOUNT NO. 50001.301001.545013.0000.00000.
WHEREAS, Edwin Gomez and the City of Miami ("City") are engaged in litigation in the
United States District Court for the Southern District of Florida, Case No. 21-CV-23668-KMW;
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 Edwin Gomez be settled for the lump sum of fifty -
thousand -dollars ($50,000.00) 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 authorized to pay Edwin Gomez, 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, in exchange for dismissal of
all claims against the City, its officers, agents, and employees in the case of Edwin Gomez vs.
City of Miami et al., Case No. 21-CV-23668-KMW, pending in the United States District Court
for the Southern District of Florida, upon the execution of a general release of all his claims and
demands and a dismissal of his claims against the City and all parties 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.
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:
g III, C y`attory / 2/3/2025